Wallach: The NFL filed an appeal with 5th circuit appeals before the other judge ruled

[Cowboys22]

I am going to smile for days if the 5th circuit rules against their appeal and smacked them down even 10% as hard as Mazzant did. Just in that little snippet posted they basically said to the 5th circuit that we're going to see to it that this case gets to another jurisdiction that will overrule everything you do. I can't imagine the appeals judges are going to be happy with the way the NFL filings have been worded.

 

[pugilist]

There's no permanent injunction. Permanent would be the actual ruling in the case (theoretically).

oh i see, so essentially there is no such thing as a permanent injuction

the technical ruling would be to vacate the suspsension

 

[Seven]

Unconscionable!!!

Objection, your Honor!

 

[ThreeandOut]

They'll lead with a citation of "irreparable harm" being done to the league if Elliott is permitted to continually play, although NFLPA attorney Harold Kessler has already shredded that argument -- stating the NFL can not now claim irreparable harm after themselves allowing Elliott the play in Week 1 vs. the New York Giants.

In other words, it can't be suddenly deemed a problem only days after the league stood in front of Mazzant and professed it wasn't.

Kessler went on to explain in his latest filing that the league stands to feel no sting by a potentially delayed suspension, whereas Elliott and the Cowboys would most definitely suffer a monumental blow. While it's not plausible the NFL will win the appeal, it is possible -- leaving the status of his 2017 season in the hands of the Fifth District Court.

If they rule in favor of Elliott, the soonest the NFL would see him sidelined would be 2018 -- if he sits at all. At this rate, it appears the league is running full speed into a brick wall.

https://cowboyszone.com/threads/nfl-files-appeal.385362/#post-7509743

Wallace just tweeted part of the filing that shows they would like the stay ideally by September 19 (when week 3 practices begin) but no later than September 26. If this is such a big emergency, why are you telling the judge's that they can put this off another week?

 

[knightrider94]

Blood seriously boiling after reading this tweet. The NFL cares about fans or players only to the extent it lines their pockets. Be damned personal stigma and/or fairness.

 

[GroundZero1970]

oh i see, so essentially there is no such thing as a permanent injuction

the technical ruling would be to vacate the suspsension

Oh that kinda clears it up a bit..I was confused bcuz I thought I read the temp injunction could be followed by a permanent one and got confused

 

[ThreeandOut]

Blood seriously boiling after reading this tweet. The NFL cares about fans or players only to the extent it lines their pockets. Be damned personal stigma and/or fairness.

No one except Goodell is served by having him suspended now.

 

[pugilist]

 

[ThreeandOut]

Also, how does suspending him now prevent domestic violence but suspending him later not?

 

[Doomsday101]

Wallace just tweeted part of the filing that shows they would like the stay ideally by September 19 (when week 3 practices begin) but no later than September 26. If this is such a big emergency, why are you telling the judge's that they can put this off another week?

They have to prove they are being harmed, As Kessler pointed out how can you now claim you are being harmed? Zeke clearly would be harmed by the ruling and essentially the case is closed and Zeke loses 6 games, pay and reputation. What does the NFL lose? Nothing

 

[Ghost12]

The "irreparable harm" argument the NFL advances is a joke. As Wallach states, it looks like even they know it is a losing argument since they give it little more than lip service in this latest filing.

The argument that concerns me the most is the one about Elliott filing in the courts prematurely. Basically the NFL says "if you let Elliott do it, then everyone is going to do it" and it is a legitimate point which could easily sway an appeals judge or two.

All too often, cases are decided on procedural matters and not the merits of the case. That is certainly in the realm of possibility here.

 

[pugilist]

 

[GhostOfPelluer]

 

[ThreeandOut]

The "irreparable harm" argument the NFL advances is a joke. As Wallach states, it looks like even they know it is a losing argument since they give it little more than lip service in this latest filing.

The argument that concerns me the most is the one about Elliott filing in the courts prematurely. Basically the NFL says "if you let Elliott do it, then everyone is going to do it" and it is a legitimate point which could easily sway an appeals judge or two.

All too often, cases are decided on procedural matters and not the merits of the case. That is certainly in the realm of possibility here.

And that's where Brady hurts their cause because the NFL was the one to file in that case.

 

[logan]

Can a judge force the NFL to actually prove how Zeke is causing harm to the league? I don't know how that argument could hold any water when the Cowboys are #1 in the ratings and Zeke is top 5 in jersey sales.

 

[lopey]

Can a judge force the NFL to actually prove how Zeke is causing harm to the league? I don't know how that argument could hold any water when the Cowboys are #1 in the ratings and Zeke is top 5 in jersey sales.

Good Point, but I think they are more worried about their image. That's all this is about, the NFL's image.

 

[Ghost12]

And that's were Brady hurts their cause because the NFL was the one to file in that case.

Yes, but they didn't file until after the arbitration ruling was issued. Of course, they had the unfair advantage of knowing exactly when the arbitrator (Goodell) was going to issue his ruling so they easily won the race to the courthouse. But (technically) they didn't file their motion while everyone was still awaiting the result of the arbitration hearing.

 

[GhostOfPelluer]

If the NFL somehow convinces a judge (or panel of judges) that it was within its rights in this case, then there's nothing stopping the league from suspending players for absolutely no reason.

NFL - "Tyron Smith you're suspended for five games."
TS - "Why?"
NFL - "Because we said so. Art. 46."

 

[pugilist]

 

[GhostOfPelluer]

Can a judge force the NFL to actually prove how Zeke is causing harm to the league? I don't know how that argument could hold any water when the Cowboys are #1 in the ratings and Zeke is top 5 in jersey sales.

Yes, a judge can. And likely will. That's why the NFL's emergency stay will be denied.