SI: What to Know About Ezekiel Elliott's Suspension, His Appeal and a Potential Lawsuit

fgoodwin

Well-Known Member
Messages
1,527
Reaction score
642
https://www.si.com/nfl/2017/08/11/ezekiel-elliott-suspension-appeal-legal-process

Selected quotes:

The fact that Elliott has not been charged with a crime does not immunize him from NFL discipline. In fact, it has no bearing. The relevant legal test for whether the NFL can discipline Elliott is whether the discipline complies with the collective bargaining agreement signed by the NFL and Elliott’s union, the NFLPA.

If Elliott’s appeal fails, he can file a lawsuit but it would probably fail

Under Article 46 [of the CBA], Goodell can be wrong about the facts but nonetheless comply with the law​

Could Jerry Jones sue the NFL or Goodell? The short answer to this question is yes, Jerry Jones could sue. But being able to sue is not an especially high bar. The more relevant question is whether Jones would likely prevail in such a lawsuit. The answer is he would not.​

Before I'm accused of taking quotes out of context, I urge all Cowboy fans to read the full article. The lawyer who wrote it actually represented a player who sued the NFL and lost (Maurice Clarett, 2004). My only comments are those I've repeated until I'm blue in the face:
  1. The absence of charges has NOTHING to do with Goodell's enforcement of the NFL's personal conduct policy.
  2. The lack of damning evidence (according to Zeke and his supporters) is a matter of discretion left up to Goodell thanx to the CBA, which was signed by both owners and the players' union.
  3. Jerry has no standing to sue in federal court.
Bottom line for me: whether I like it or not, Goodell acted within his authority as granted by the CBA and the courts almost certainly will not overturn his decision
 

Nightman

Capologist
Messages
27,121
Reaction score
24,038
https://www.si.com/nfl/2017/08/11/ezekiel-elliott-suspension-appeal-legal-process

Selected quotes:

The fact that Elliott has not been charged with a crime does not immunize him from NFL discipline. In fact, it has no bearing. The relevant legal test for whether the NFL can discipline Elliott is whether the discipline complies with the collective bargaining agreement signed by the NFL and Elliott’s union, the NFLPA.

If Elliott’s appeal fails, he can file a lawsuit but it would probably fail

Under Article 46 [of the CBA], Goodell can be wrong about the facts but nonetheless comply with the law​

Could Jerry Jones sue the NFL or Goodell? The short answer to this question is yes, Jerry Jones could sue. But being able to sue is not an especially high bar. The more relevant question is whether Jones would likely prevail in such a lawsuit. The answer is he would not.​

Before I'm accused of taking quotes out of context, I urge all Cowboy fans to read the full article. The lawyer who wrote it actually represented a player who sued the NFL and lost (Maurice Clarett, 2004). My only comments are those I've repeated until I'm blue in the face:
  1. The absence of charges has NOTHING to do with Goodell's enforcement of the NFL's personal conduct policy.
  2. The lack of damning evidence (according to Zeke and his supporters) is a matter of discretion left up to Goodell thanx to the CBA, which was signed by both owners and the players' union.
  3. Jerry has no standing to sue in federal court.
Bottom line for me: whether I like it or not, Goodell acted within his authority as granted by the CBA and the courts almost certainly will not overturn his decision
everything matters when it comes to equal distribution of punishment....precedence and rule of the shop are big issues...... Goodell has power but must still follow CBA and case history
 

beacamdim

Well-Known Member
Messages
774
Reaction score
585
everything matters when it comes to equal distribution of punishment....precedence and rule of the shop are big issues...... Goodell has power but must still follow CBA and case history

Please just stick to capology. Please. You are embarrassing yourself by continuing to deny reality.
 

Cowboys22

Well-Known Member
Messages
10,507
Reaction score
11,384
I don't think anyone is arguing against Goodell's power to suspend a player. If Zeke goes to court on those grounds he will lose. He must have something else to argue. Who knows what his team will come up with but there are numerous things they could try. Equality, fairness, precedents, civil rights, prejudice, bias by the investigators, collusion, or simply ignoring exculpatory evidence are some things that come to mind. I'm sure there are more a lawyer could come up with.
 
Messages
18,222
Reaction score
28,531
https://www.si.com/nfl/2017/08/11/ezekiel-elliott-suspension-appeal-legal-process

Selected quotes:

The fact that Elliott has not been charged with a crime does not immunize him from NFL discipline. In fact, it has no bearing. The relevant legal test for whether the NFL can discipline Elliott is whether the discipline complies with the collective bargaining agreement signed by the NFL and Elliott’s union, the NFLPA.

If Elliott’s appeal fails, he can file a lawsuit but it would probably fail

Under Article 46 [of the CBA], Goodell can be wrong about the facts but nonetheless comply with the law​

Could Jerry Jones sue the NFL or Goodell? The short answer to this question is yes, Jerry Jones could sue. But being able to sue is not an especially high bar. The more relevant question is whether Jones would likely prevail in such a lawsuit. The answer is he would not.​

Before I'm accused of taking quotes out of context, I urge all Cowboy fans to read the full article. The lawyer who wrote it actually represented a player who sued the NFL and lost (Maurice Clarett, 2004). My only comments are those I've repeated until I'm blue in the face:
  1. The absence of charges has NOTHING to do with Goodell's enforcement of the NFL's personal conduct policy.
  2. The lack of damning evidence (according to Zeke and his supporters) is a matter of discretion left up to Goodell thanx to the CBA, which was signed by both owners and the players' union.
  3. Jerry has no standing to sue in federal court.
Bottom line for me: whether I like it or not, Goodell acted within his authority as granted by the CBA and the courts almost certainly will not overturn his decision
Yep.
 

Nightman

Capologist
Messages
27,121
Reaction score
24,038
Please just stick to capology. Please. You are embarrassing yourself by continuing to deny reality.
This guy says he just so happened to work for the lawyer Harvey that just railroaded Zeke

And my guy at the liquor store said we had a great case of habeas corpus on sale of $15.99
 

CalPolyTechnique

Well-Known Member
Messages
27,686
Reaction score
44,615
https://www.si.com/nfl/2017/08/11/ezekiel-elliott-suspension-appeal-legal-process

Selected quotes:

The fact that Elliott has not been charged with a crime does not immunize him from NFL discipline. In fact, it has no bearing. The relevant legal test for whether the NFL can discipline Elliott is whether the discipline complies with the collective bargaining agreement signed by the NFL and Elliott’s union, the NFLPA.

If Elliott’s appeal fails, he can file a lawsuit but it would probably fail

Under Article 46 [of the CBA], Goodell can be wrong about the facts but nonetheless comply with the law​

Could Jerry Jones sue the NFL or Goodell? The short answer to this question is yes, Jerry Jones could sue. But being able to sue is not an especially high bar. The more relevant question is whether Jones would likely prevail in such a lawsuit. The answer is he would not.​

Before I'm accused of taking quotes out of context, I urge all Cowboy fans to read the full article. The lawyer who wrote it actually represented a player who sued the NFL and lost (Maurice Clarett, 2004). My only comments are those I've repeated until I'm blue in the face:
  1. The absence of charges has NOTHING to do with Goodell's enforcement of the NFL's personal conduct policy.
  2. The lack of damning evidence (according to Zeke and his supporters) is a matter of discretion left up to Goodell thanx to the CBA, which was signed by both owners and the players' union.
  3. Jerry has no standing to sue in federal court.
Bottom line for me: whether I like it or not, Goodell acted within his authority as granted by the CBA and the courts almost certainly will not overturn his decision

The blame for this should be placed squarely at the feet of the NFLPA.
 

Kaiser

Well-Known Member
Messages
16,628
Reaction score
28,430
And my guy at the liquor store said we had a great case of habeas corpus on sale of $15.99

They sell that in the Res Ipsa Liquor section.

It tastes good going down but you have a brutal hangover the next day. If its really bad, you look like this:

9051b08b7cd34adaa76a33abd89d7127.jpg
 

beacamdim

Well-Known Member
Messages
774
Reaction score
585
They sell that in the Res Ipsa Liquor section.

It tastes good going down but you have a brutal hangover the next day. If its really bad, you look like this:

9051b08b7cd34adaa76a33abd89d7127.jpg

Yep --my understanding is that Eli's worst two hangovers came after these:
 

hornitosmonster

Well-Known Member
Messages
9,965
Reaction score
5,312
https://www.si.com/nfl/2017/08/11/ezekiel-elliott-suspension-appeal-legal-process

Selected quotes:

The fact that Elliott has not been charged with a crime does not immunize him from NFL discipline. In fact, it has no bearing. The relevant legal test for whether the NFL can discipline Elliott is whether the discipline complies with the collective bargaining agreement signed by the NFL and Elliott’s union, the NFLPA.

If Elliott’s appeal fails, he can file a lawsuit but it would probably fail

Under Article 46 [of the CBA], Goodell can be wrong about the facts but nonetheless comply with the law​

Could Jerry Jones sue the NFL or Goodell? The short answer to this question is yes, Jerry Jones could sue. But being able to sue is not an especially high bar. The more relevant question is whether Jones would likely prevail in such a lawsuit. The answer is he would not.​

Before I'm accused of taking quotes out of context, I urge all Cowboy fans to read the full article. The lawyer who wrote it actually represented a player who sued the NFL and lost (Maurice Clarett, 2004). My only comments are those I've repeated until I'm blue in the face:
  1. The absence of charges has NOTHING to do with Goodell's enforcement of the NFL's personal conduct policy.
  2. The lack of damning evidence (according to Zeke and his supporters) is a matter of discretion left up to Goodell thanx to the CBA, which was signed by both owners and the players' union.
  3. Jerry has no standing to sue in federal court.
Bottom line for me: whether I like it or not, Goodell acted within his authority as granted by the CBA and the courts almost certainly will not overturn his decision
Jerry can open up the books and certainly expose the NFL. I know he won't but there are things he can do
 

LittleD

Well-Known Member
Messages
7,848
Reaction score
6,086
The best. smartest thing he can do is to take a page out of Kraft's book, and just buckle down, take his medicine, and stick it to Goodell on the trophy platform in February,


I actually think that the best approach is another "media case" which highlights the NFL's actions as another episode of RACIAL "High Tech Lynching" Goodell needs to face the music of how these
black players get the bulk of penalty while Brown beats his wife and gets one game due to being on the Giants payroll. It's high time Jerry uses the bully media pulpit and starts a revolution that brings down the golden palace of NFL NY.
 
Messages
10,109
Reaction score
7,327
CowboysZone DIEHARD Fan
I'm afraid that's the way it is,,, but it doesn't make what Goodell is doing right. You can bet that this abuse of power will be addressed, front and center, in the next CBA. I wouldn't be surprised if his tenure is about to come to an end. He has effectively made it 'open season' on NFL and college football players.
 
Messages
18,222
Reaction score
28,531
I'm afraid that's the way it is,,, but it doesn't make what Goodell is doing right. You can bet that this abuse of power will be addressed, front and center, in the next CBA. I wouldn't be surprised if his tenure is about to come to an end. He has effectively made it 'open season' on NFL and college football players.
Lets not kid ourselves: many owners and a large majority of fans are in favor of this ruling. Goodell is more popular today than he was 2 days ago. Just not with Cowboy fans.
 
Messages
10,109
Reaction score
7,327
CowboysZone DIEHARD Fan
Lets not kid ourselves: many owners and a large majority of fans are in favor of this ruling. Goodell is more popular today than he was 2 days ago. Just not with Cowboy fans.

Oh yeah, the fans just love Goodell. Owners and players opinions are what matters in league decisions, neither of which are likely to see his over-reaching as a resume enhancement or something worth immortalizing in the next CBA.
 

PA Cowboy Fan

Well-Known Member
Messages
25,354
Reaction score
51,350
Lets not kid ourselves: many owners and a large majority of fans are in favor of this ruling. Goodell is more popular today than he was 2 days ago. Just not with Cowboy fans.
I doubt that. Sure they are glad the Cowboys got hammered just like a lot of us where glad the Pats finally got hammered with Brady. Didn't change the fact most still hate the commissioner and feel he's a dictator. He gets boo'd wherever he goes. The guy's a disgrace.As soon as he goes after one of their players they'll be mad again and it will happen again.
 
Top