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

[superonyx]

As a parent, I have to say that is sound logic! My house is not a democracy!! hahaha...

Yea mine either...Just ask my wife..
I do what she wants or I lose certain "access".
When mama aint happy.........

 

[Doomsday101]

The NFL wins here no matter what.

If they get slapped down, they can just say, "Hey, we tried everything we could." That covers their tracks with the overzealous media and DV crowd.

We will see, NFL has power but the courts have final say. How a judge may rule in any case is not a given. Even in a CBA there are still certain rights workers have.

 

[Ghost12]

If this thing ends up in a trial, there most certainly will be testimony provided by numerous parties.

I don't know what you mean by "if this things ends up in a trial." If you are talking about the current motions to stay the suspension and ultimately set aside the arbitrator's ruling (and the subsequent appeals of same), there will not be testimony or cross examination or things like that. No one is taking the stand like an episode of Matlock.

 

[superonyx]

My understanding is that if the courts allow Elliott to file suit prior to the arbitration ruling, then you create a situation where everyone will simply sue prior to the arbitration ruling being rendered. The whole point of arbitration is to not have the courts involved.

I agree...However this case is a little different because Elliott didn't sue due to the arbitrators decision. He sued because of the arbitrators process that denied him a fundamentally fair hearing. You don't need to wait for the verdict to determine the hearing wasn't fair.

 

[Ghost12]

Well, I think the judge saw through this arbitration from the start. I think the other courts will too. This may end the current setup for the NFL's arbitration process which is just a formality

And that's why the NFL will fight this tooth and nail to the bitter end, like they did with Brady.

 

[Ghost12]

I agree...However this case is a little different because Elliott didn't sue due to the arbitrators decision. He sued because of the arbitrators process that denied him a fundamentally fair hearing. You don't need to wait for the verdict to determine the hearing wasn't fair.

That is certainly what Mazzant said. We shall see if the appeals court agrees.

 

[aikemirv]

And that's why the NFL will fight this tooth and nail to the bitter end, like they did with Brady.

I am not sure why. Independent arbitration would be best for the image of the NFL. In this case the NFL could have said "look, we are trying to be hard on domestic violence" and the arbitrator could have reversed it. That would have been best for them. This is going to blow up in their face and really cause them many issues going forward IMO.

 

[GhostOfPelluer]

I am not sure why. Independent arbitration would be best for the image of the NFL. In this case the NFL could have said "look, we are trying to be hard on domestic violence" and the arbitrator could have reversed it. That would have been best for them. This is going to blow up in their face and really cause them many issues going forward IMO.

You'll get the NFL to give up even a microscopic piece of its power when you pry it from the owners' dead hands. Or in the courts. Whichever happens first.

 

[superonyx]

That is certainly what Mazzant said. We shall see if the appeals court agrees.

I believe courts will ultimately agree that Zeke didn't get a fair hearing from the arbitrator...What I don't know if what does that mean happens after they determine this.
Can they really send the case back to the league when the league will be proven to have been unfair to Zeke to satisfy their agenda..I can see the argument from Zeke's side that the league has proven to be incapable of being fair at this point.
But will that mean the whole things goes away. This one will be interesting.

 

[TheHerd]

The league keeps hanging it's hat on the domestic violence wording. I think if any non-northeast court is a part of the actual suspension appeal, the CBA wording requiring credible evidence for Goodell to request a conduct detrimental suspension without any legal backup will give Zeke's team a chance to vacate the entire suspension.

There isn't a fair group of people on the planet who could see the current evidence and say there is credible evidence that Zeke committed domestic violence. It also seems to open the door for punitive damages, and yes I know that it can be difficult to prove though not impossible, to be sought after by Zeke, win or lose the suspension part of this.

 

[sacase]

My quick thoughts on the matter:

a) How can you appeal something when the lower court hasn't made a decision. Your argument is "the judge didn't move as fast as we wanted him to". There is nothing to appeal right now.

b) How can you argue that the arbitrator's decision is full and final, but you run to court as soon as the decision has been made? You are kind of talking out both sides of your mouth.

 

[NoLuv4Jerry]

Which is really stupid on their part because women constitute a small segment of the NFL fandom.

But it represents an opportunity for them to GROW that segment of their fanbase....they are not concerned about you and I...they "know" we aren't going anywhere. But they better be careful. I have not gone anywhere...but my passion is NOT what it used to be.

 

[Nightman]

This appeal by the NFL is like a hand-off on 3rd and 20 in the 1Q..... it is basically just preparing to punt with a long-shot chance of succeeding.... they are going thru the motions until the actual trial and then full appeal to 5th Circuit

When Mazzant vacates the 6 games then it will get serious but that won't be until 2018 and beyond and the NFL knows this...... they backed EE into a corner instead of just giving him 2 games for general misconduct.....all of 2018 might be in play if the CS5 declines to stay the injunction next week

 

[Ghost12]

I am not sure why. Independent arbitration would be best for the image of the NFL. In this case the NFL could have said "look, we are trying to be hard on domestic violence" and the arbitrator could have reversed it. That would have been best for them. This is going to blow up in their face and really cause them many issues going forward IMO.

I agree with this 100%. If I was an NFL owner, I would want independent arbitration. It would avoid these embarrassing situations.

I think what the league is doing is preparing to use Article 46 as a bargaining chip in 2020. They know the NFLPA hates Article 46, and the league is going to make the players give up something in order to get rid of it.

 

[PA Cowboy Fan]

But it represents an opportunity for them to GROW that segment of their fanbase....they are not concerned about you and I...they "know" we aren't going anywhere. But they better be careful. I have not gone anywhere...but my passion is NOT what it used to be.

They are Taking us for granted. Other than the Cowboys I haven't watched as much NFL as I usually do. Didn't watch any MNF and last night I only turned it on near the end of the game. Didn't miss much.

 

[LandryFan]

The argument that concerns me the most is the one about Elliott filing in the courts prematurely.

If Elliott didnt file prematurely, the league would have had the upper hand in that they could get to the jurisdiction of their choice because they (NFL) are the only ones who know when the appeal denial was going to be announced. By the time Zeke's team learned of the decision, it would be too late...the NFL would have filed in NY. I don't know the answer to all of this, but it seems to me that the only way Zeke had a fair shot was to file when and where he did. Will the courts recognize that? I don't know.

Edit: Superonyx posted this a little earlier and it really clears a couple of things up, at least for me:
"this case is a little different because Elliott didn't sue due to the arbitrators decision. He sued because of the arbitrators process that denied him a fundamentally fair hearing. You don't need to wait for the verdict to determine the hearing wasn't fair."
Seems as though a number of us have been focusing on the wrong thing when it comes to Zeke's court filing. This goes back to what one of Zeke's lawyers stated when they first filed their appeal in Texas court. Something to the effect of "you file for an injunction when the bulldozer is on the front lawn, not after it has razed the house."

 

[Don Corleone]

But it represents an opportunity for them to GROW that segment of their fanbase....they are not concerned about you and I...they "know" we aren't going anywhere. But they better be careful. I have not gone anywhere...but my passion is NOT what it used to be.

I'm in the same boat. These dolts in the NFL front office have ruined the league.

 

[Doomsday101]

The league keeps hanging it's hat on the domestic violence wording. I think if any non-northeast court is a part of the actual suspension appeal, the CBA wording requiring credible evidence for Goodell to request a conduct detrimental suspension without any legal backup will give Zeke's team a chance to vacate the entire suspension.

There isn't a fair group of people on the planet who could see the current evidence and say there is credible evidence that Zeke committed domestic violence. It also seems to open the door for punitive damages, and yes I know that it can be difficult to prove though not impossible, to be sought after by Zeke, win or lose the suspension part of this.

Including the lead investigator that was hired by the league to investigate this case. When she comes back and says based on the evidence and the lack of credibility of Thompson and recommends no suspension, yet the league dismisses their own lead investigator I think Zeke stands a good chance. People continue to bring up the events with Brady yet this is nothing like the Brady case.

 

[Ghost12]

If Elliott didnt file prematurely, the league would have had the upper hand in that they could get to the jurisdiction of their choice because they (NFL) are the only ones who know when the appeal denial was going to be announced. By the time Zeke's team learned of the decision, it would be too late...the NFL would have filed in NY. I don't know the answer to all of this, but it seems to me that the only way Zeke had a fair shot was to file when and where he did. Will the courts recognize that? I don't know.

You're absolutely right. It was a smart move by the NFLPA (and a lesson learned from Brady). These judges aren't stupid. They know exactly why Elliott rushed to file, and they know exactly why the NFL wants it back in NY (CA2).

 

[jazzcat22]

This process just confuses me

ask Jason Garrett, he is a process expert....but he will probably tell you it is day to day.....