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

drawandstrike

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There are several things happening at once as I read it

-EE got a Preliminary Injunction allowing him to play while his suit against NFLPA proceeds in District Court

-NFL filed an emergency appeal to the District Court against the injunction... it will be heard Friday by Mazzant..... doubtful he overturns himself

-NFL also filed an appeal of Mazzant's ruling with the 5th Circuit Court...... they need a decision from Mazzant on the injunction first......they may make this an emergency appeal....this will take months before it is heard

-NFL may also file an expedited appeal with the 5th Circuit like they did with Brady..... this may move it from 8 months to 6 months before it is heard and decided

The only way I see EE suspended this year is if Mazzant reverses himself on the PI or the 5th Circuit issues a reversal of the injunction, which is also unlikely...... they have a 7% overturn rate and the NFL has no case...... if he is suspended this year or next is no difference......in fact he makes more money next year so it is to their benefit to wait

This is a great post. I'll add: without any new EVIDENCE being submitted, the NFL's only chances here is to basically get Judge Mazzant to completely reverse himself on his earlier ruling. It's a plea to look at all the previously submitted evidence and totally make a 180 degree change in his mind about after the NFL 'explains' to him why he should.

The chances of this happening are virtually nil.
 

zekecowboy

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This is a great post. I'll add: without any new EVIDENCE being submitted, the NFL's only chances here is to basically get Judge Mazzant to completely reverse himself on his earlier ruling. It's a plea to look at all the previously submitted evidence and totally make a 180 degree change in his mind about after the NFL 'explains' to him why he should.

The chances of this happening are virtually nil.

NFL to appeal Ezekiel Elliott’s preliminary injunction ruling

ESPN describes the next steps:

On Monday, Mazzant did order the NFL Players Association to file a response to the NFL's request for a stay by Wednesday at 6 p.m. ET. The NFL will have until 6 p.m. Friday to file its response.

If the judge will not reverse his decision, it's not clear how quickly an appeal will be heard. If Mazzant's initial decision is overturned, then Elliott's suspension could go into effect immediately.

If the stay is denied by Judge Mazzant, then the appeal in the 5th Circuit Court will be the next step, but that could take a while to be heard.

To read more:

https://www.bloggingtheboys.com/201...zekiel-elliotts-preliminary-injunction-ruling
 

plasticman

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Goodell is a fool for being such a stubborn besterd. He can't win. This whole investigation was a. sham. He is so arrogant that he shoved the the blatantly unfair process in the faces of Zeke, the Cowboy organization, and Cowboy fans.

The NFL TV market share is decreasing so they are attempting to make the game and participants a kinder, gentler version of the past in order to attract woman.

Thia is why the NFL has begun to champion women causes like breast cancer awarwness and domestic abuse. For NFL owners, it"a always about the mighty dollar.

They needed another big name to impress potential female veiwership how serious they were so Goodell has decided to sacrifice Zeke. He nevet counted on such an aggressive outrage.

Goodell has changed the game itself with rules that penalize a player for being too aggreasive. He has attempted to control the lives of players. The future ramifications are the ability to influence who gets to play and the ability to change the course of a game for the purpose of adding drama that will keep females intereated.

Goodell and the NFL are attempting to add additional side storries like the type you see in these so called "reality" shows.

Goodell must lose and he must be removed. He is a danger to the very integrity of both the league and the game.
 

YosemiteSam

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I don't see this being granted. If it is is be surprised.

I would be completely amazed if it is. It would be in direct violation of Zeke's rights and could cause irreparable harm, while not granting it does not cause any harm as the suspension is still in play for a future date.

I mean it's not like he is going to retire next year...
 

BotchedLobotomy

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I actually think Zeke is innocent, why is the NFL so determined in this case?

Law enforcement choose not to charge, now that doesn't mean innocence, but you can get a feel when the believe a person is guilty but you just can't prove it, and you can tell when they believe a accusations have no merit

The lady that interviewed the accuser recommended no suspension... what evidence does the NFL have?

I would sue the hell out of the league if I were Zeke, and I would retire. Bring the NFL to its knees

I read the transcripts from the appeal hearing and so I have to assume ALL the evidence was "out there" in the hearing. I was on the fence on this ordeal with the thought in the back of my head that the NFL had evidence that we don't know about.

Well, according to the appeal transcript the evidence is as follows:
1. Victim testimony
2. Accused testimony
3. Several witnesses in Zeke's defense
4. Very few credible witnesses on the side of the victim
5. Pictures of bruises, related metadata, and processional opinions based on the pictures.
6. Lots of text messages and or emails.

1. So if we start with the victim. It's very clear that the victim is not a credible witness at all. Lies stacked on lies, and many inconsistent testimonies. A bar fight with another women that was witnessed by several people, that resulted in bruises.
2. The accused (Zeke), while certainly guilty of being a bonehead in the whole situation, did not provide any testimony that would imply being guilty of DV and certainly no testimony admitting to physically harming the victim except during consensual "rough sex".
3. Several credible witnesses that corroborate Zekes testimony. None of these witnesses could be considered not credible.
4. Witnesses that in theory were there to help the victim, instead, seemed to hurt the victim. Her own friend admitted to being asked to lie to the police on behalf of the victim. There was also testimony that contradicted some very credible testimony from witnesses for the defense. Again, the witnesses for the victim were few and were not very credible at all.
5. Pictures. There were several pictures that were described by a professional as blurry with poor color. Now this seems to be the meat of the NFL's case. Two professionals were somehow able to determine within some very small timeframes when these bruises happened, and not only when, but how. A professional for the defense, testified that is impossible to pinpoint when these bruises occurred simply based on cell phone pictures. One of the key factors in determining the age of a bruise is color and particularly the color yellow. In his professional opinion, he could not make any determination of age based on these pictures. Some of the pictures he classified as hickies and not injuries. He debunked the main pieces of evidence for the NFL.
6. The texts only hurt the victim in this case as many of them contradicted her testimony and also showed attempts at extortion.

I may have skipped over a few points but I think you get the drift of the whole situation. Now if you couple the "evidence" or lack there of, with the testimony of the lead investigator for the NFL, who testified under oath that she did not think there was evidence to suspend Zeke, it is clearly a case of the NFL having a preconceived outcome that no amount of testimony or evidence, for or against, was going to change.
 
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TheHerd

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This looks to make the point in Zeke's eventual case. By standing on the DV wording, and saying those who engage in such behavior face "timely and proportionate consequences for their actions.", if Zeke isn't proven to have committed DV there are no consequences and no actions. The NFL really seems more and more incompetent as this goes on, if that's even possible.
 

Beast_from_East

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So briefs have to be filed by Friday with Judge and then he takes the weekend to decide if he wants to overrule himself?

Then appeal to CA5 of Judge declining emergency stay of his own order?

Assuming both courts shoot down stay, then expedited appeal of entire case to CA5 where there is currently a 6 month wait time to get on the docket.

I don't see anyway this case is heard before next summer meaning Zeke plays all year.
 

conner01

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Still troubling.

I don't think they made this request to Brady and I doubt they want to take another L so they must feel like they have something.
They did in the Brady case
Still took 6 months
 

viman96

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What happens if the NFL loses their appeal in 8 months? Can they appeal with another court or is that last stop?
 

robjay04

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What happens if the NFL loses their appeal in 8 months? Can they appeal with another court or is that last stop?

Not sure how everything works but I know Brady could've went to the Supreme Court after he lost...guessing the NFL or Zeke will have that option depending on the outcome.

Supposedly Zeke's camp is already prepared to take this to the Supreme Court.
 

robjay04

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The more I think about this, the angrier I become. Requesting this stay when they failed to do so with the Tom Brady case just goes to show you that there was a real conspiracy against the Dallas Cowboys.

The precedent set in the Tom Brady case is to not request to stay. They are only requesting to do so now because they want to get Zeke of the field as soon as possible. Today a NFL spokesperson said that they think they can get this case expedited the same way as the Maurice Clarett case. That would mean that they are hoping to get this case settled by November.

Why?

To do everything they can to give the Cowboys a competitive disadvantage.
 

blindzebra

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The entire NFL case is based on unprofessional expert medical witnesses and Friel's interpretation of what relationship TT and EE had. She found Elliott not credible because he did not characterize Thompson as his girlfriend.
 
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