News: PFT: NFL will file for expedited appeal in Ezekiel Elliott case

Ghost12

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robjay04 said:
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I am a little confused about this tweet. My understanding (which I gladly admit may be flawed since I have been busy this weekend and haven't read all the filings) is this:

The first Brady ruling, the one that he won in September 2015, was issued a week prior to the start of the season. Brady won, the NFL lost. There was nothing for them to "stay" because Brady won the case. They could appeal the decision (which they did and, as we all know, the NFL won on appeal) but they can't "stay" a verdict they lost since they suffer no irreparable harm.

In this case, Elliott hasn't won his court case. All he has won is a preliminary injunction against the suspension taking place prior to the legal process playing out. The NFL is looking to stay the injunction. However, I don't see any way the injunction is lifted because Elliott isn't some line worker at an auto plant. If he gets suspended for 6 weeks, you can't make it right simply by giving him the money he lost out on like you could for Joe Sixpack.
 
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dogberry

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If Elliott were suspended and then won his case, who would pay his lost earnings, the League or the Cowboys?
 

Ghost12

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Judge Mazzant ordering briefs due by Friday. No bleeping way Elliott misses Denver (although, quite honestly, I don't see him missing any action this season but that is just guesswork).
 
Cowboys22

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Ghost12 said:
Judge Mazzant ordering briefs due by Friday. No bleeping way Elliott misses Denver (although, quite honestly, I don't see him missing any action this season but that is just guesswork).
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If he is on the active roster at 4pm on Tuesday, he plays that Sunday. Nothing will happen between now and tomorrow.
 
robjay04

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Ghost12 said:
I am a little confused about this tweet. My understanding (which I gladly admit may be flawed since I have been busy this weekend and haven't read all the filings) is this:

The first Brady ruling, the one that he won in September 2015, was issued a week prior to the start of the season. Brady won, the NFL lost. There was nothing for them to "stay" because Brady won the case. They could appeal the decision (which they did and, as we all know, the NFL won on appeal) but they can't "stay" a verdict they lost since they suffer no irreparable harm.

In this case, Elliott hasn't won his court case. All he has won is a preliminary injunction against the suspension taking place prior to the legal process playing out. The NFL is looking to stay the injunction. However, I don't see any way the injunction is lifted because Elliott isn't some line worker at an auto plant. If he gets suspended for 6 weeks, you can't make it right simply by giving him the money he lost out on like you could for Joe Sixpack.
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I believe Brady just won his injunction which is basically delaying the suspension until the courts reach a verdict. Zeke did the same but the NFL decided to seek out a "stay" on the suspension.

Basically they want Elliott to serve his suspension while the suspension and discipline process is making its way through court.

I could be wrong...I'm not a lawyer.
 
CCBoy

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casmith07 said:
Not necessarily.

But it's interesting that they would appeal a preliminary injunction.

You're appealing what essentially works as a stay of proceedings. So the NFLPA alleges harm that needs to be litigated, the judge agrees, and you as the respondent say "no - we need to re-institute said harm and force the petitioner to wait for adjudication".

It's stupid - if they win the appeal and the case goes to trial later, Zeke can't get back the games played (he'd be able to request monetary damages if he won). No judge is going to let this happen. The harm to Zeke/NFLPA/Dallas is inordinately larger than any potential harm the NFL would suffer from Zeke playing while his suspension is put on hold.
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To this fan, the NFL is just driving the final nails into it's own coffin. At some point, all players in the Player's Association are just going to unify and state, 'beep, beep...my arse!' They will yet make the NFL pay for their own lack of ethics...which they should, now.
 

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robjay04 said:
I believe Brady just won his injunction which is basically delaying the suspension until the courts reach a verdict. Zeke did the same but the NFL decided to seek out a "stay" on the suspension.

Basically they want Elliott to serve his suspension while the suspension and discipline process is making its way through court.

I could be wrong...I'm not a lawyer.
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I do not believe Brady ever got a TRO/injunction nor do I believe he ever even applied for one because he got the actual verdict early enough that he didn't need it.

Brady's arbitration ruling was issued in late July and the NFLPA went to court right away, having 6 weeks before the regular season started. Brady received his favorable ruling a full week before his TNF opener so he never needed an injunction. By contrast, Elliott's arbitration ruling was issued a mere 5 days before his first game. Even if they applied the (non-existent?) "Tuesday 4:00 PM Rule" and had the suspension begin week 2, that means Elliott is banished from activities as of today, so unlike Brady, Elliott clearly needs immediate relief.

robjay04 said:
Basically they want Elliott to serve his suspension while the suspension and discipline process is making its way through court.
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Yes, this is what they want. They are denying that he suffers irreparable harm, which is ridiculous considering the nature of his profession.
 
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