Video: Undisputed: Ezekiel Elliott Suspension Upheld

erod

Well-Known Member
Messages
37,944
Reaction score
58,641
That pretty much summed up the argument from a common sense standpoint.
 

cowboys1985

Well-Known Member
Messages
429
Reaction score
506
Shannon Sharpe and others need to realize Article 46 is not the the end all be all everyone is making it out to be. I will keep posting this every time someone brings up Article 46 as the endgame.

Per Daniel Wallach, a lawyer:

"Under Section 10(a)(3) of the Federal Arbitration Act ("FAA), federal courts can vacate an arbitration award where "the arbitrators were guilty of [any] misconduct . . . by which the rights of any party have been prejudiced, thereby amount[ing] to a denial of [a party's right] to fundamental fairness of the arbitration proceeding." Tempo Shain Corp. v. Bertek, Inc., 120 F.3d 16, 19-20 (2d Cir.

Article 46 does not protect the NFL when there is misconduct done. NFLPA could not prove misconduct in the Tom Brady case. NFL did not try to silence the lead investigator in the Brady case. The whole business with Kia Roberts is ground for misconduct. NFL is on shaky ground here.
 

erod

Well-Known Member
Messages
37,944
Reaction score
58,641
You simply won't let go of the article 46 will you? The judge fully said yesterday. "This case isn't like the Tom Brady case." I really don't know what else you need to see to stop with your repetitive angle on this. It's actually getting old
I'll let you read what I wrote again and get back to me.

How in the world did you read all that into my single comment? LOL
 

cowboys1985

Well-Known Member
Messages
429
Reaction score
506
That pretty much summed up the argument from a common sense standpoint.

Common sense tells me silencing your lead investigator, withholding her notes and opinion for the investigative report is grounds for misconduct and exposes procedural flaws and denial of fundamental fairness.
 

erod

Well-Known Member
Messages
37,944
Reaction score
58,641
Common sense tells me silencing your lead investigator, withholding her notes and opinion for the investigative report is grounds for misconduct and exposes procedural flaws and denial of fundamental fairness.

Which is what I was pointing out.
 

phildadon86

Well-Known Member
Messages
21,924
Reaction score
31,284
I'll let you read what I wrote again and get back to me.

How in the world did you read all that into my single comment? LOL
By reading all of your comments. Coming to my own conclusion. Much like the NFL has in this situation. Not fun when its you is it? Lol
 

camelboy

mgcowboy
Messages
4,610
Reaction score
2,771
What I like about Shannon in this topic is that he is the only person who is pointing out to Zeke's image and reputation if this thing is tagged to his name when he might not even done it, and NFL total disregard to this in order for their PR is absolutely absurd. Sharpe keeps highlighting this which I think is a very important point with everybody showing the sympathy to the lady while ignoring the gentleman. It's he said she said, so don't provide support to one on the expense of the other.

:cool:
 

erod

Well-Known Member
Messages
37,944
Reaction score
58,641
By reading all of your comments. Coming to my own conclusion. Much like the NFL has in this situation. Not fun when its you is it? Lol
All I meant was that this debate actually summed up the situation from both sides of the fence. That's all.

I side with Zeke on this, but I also understand what the CBA means.

People think this case will be tried like a domestic violence court case. That won't even be discussed. It'll be about procedure only. Kessler has to prove that procedure was not followed in a fair manner.

Whether Zeke did it or not is not even going to come up again.
 

phildadon86

Well-Known Member
Messages
21,924
Reaction score
31,284
All I meant was that this debate actually summed up the situation from both sides of the fence. That's all.

I side with Zeke on this, but I also understand what the CBA means.

People think this case will be tried like a domestic violence court case. That won't even be discussed. It'll be about procedure only. Kessler has to prove that procedure was not followed in a fair manner.

Whether Zeke did it or not is not even going to come up again.
And withholding evidence and hiding a doctor in their home is normal procedure? The judge said himself this isn't the Brady case. You just don't want to admit article 46 has no bearing here lol
 

erod

Well-Known Member
Messages
37,944
Reaction score
58,641
And withholding evidence and hiding a doctor in their home is normal procedure? The judge said himself this isn't the Brady case. You just don't want to admit article 46 has no bearing here lol
Article 46 has ALL the bearing here, but that clause requires a level of fairness that I don't think the league applied. Hence, your examples.
 

roughneck266

Well-Known Member
Messages
4,367
Reaction score
2,838
He keeps droning on about procedure. I dont think this is so much about procedure as it is about the NFL using that procedure to drive an agenda. All this at the expense of someone who the legal system said should not be prosecuted.
 

Bohuntr97

Well-Known Member
Messages
1,109
Reaction score
1,211
I'll let you read what I wrote again and get back to me.

How in the world did you read all that into my single comment? LOL

In general, I read it like common sense shows Zeke is getting railroaded.
 

ConstantReboot

Well-Known Member
Messages
11,244
Reaction score
9,901
Shannon Sharpe and others need to realize Article 46 is not the the end all be all everyone is making it out to be. I will keep posting this every time someone brings up Article 46 as the endgame.

Per Daniel Wallach, a lawyer:

"Under Section 10(a)(3) of the Federal Arbitration Act ("FAA), federal courts can vacate an arbitration award where "the arbitrators were guilty of [any] misconduct . . . by which the rights of any party have been prejudiced, thereby amount[ing] to a denial of [a party's right] to fundamental fairness of the arbitration proceeding." Tempo Shain Corp. v. Bertek, Inc., 120 F.3d 16, 19-20 (2d Cir.

Article 46 does not protect the NFL when there is misconduct done. NFLPA could not prove misconduct in the Tom Brady case. NFL did not try to silence the lead investigator in the Brady case. The whole business with Kia Roberts is ground for misconduct. NFL is on shaky ground here.

Shannon is stupid. This is certainly not like a Tom Brady case in which he was found guilty of tampering with the balls. Thus deserving of the punishment brought to him. That falls under the article 46 conduct policy and its the reason why the judges, albeit weak majority sided with the NFL. In Tom's case it was the NFL's rights to suspend him.

Zeke's case is different. It will take the turn of a conspiracy - which they have a very good chance of proving in court without a shadow of a doubt. Zeke's case s bigger. It involves the commissioner and his minions, Henderson, and just about everyone in the top ranks of the NFL.

Zeke has a very powerful weapon on his side. That weapon is Kia Roberts. That's someone who will be willing to testify for Zeke and she happens to be one of the investigators in this entire mess of things.
 
Top