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

[ThreeandOut]

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

If the NFL continues to pursue the injunction, I could see Zeke playing in 2018 because they would potentially being going through the 5th circuit twice (for the injunction then the appeal of the trial).

 

[superonyx]

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.

Ive watched at least some of all the nationally televised games...I have to say the games and the league has become a pretty bad product. I don't know if this is parity based but the play has been awful and the league seems to not have any star power. Just a bunch of guys performing poorly that I have never heard of in too many cases. Maybe I'm getting old but it seems like I am using the games as a way of getting to sleep more than I should.

 

[Don Corleone]

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.

Article 46 has been in place forever. The issue isn't Article 46. It is how THIS commissioner is applying it.

 

[Nightman]

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.

Exactly..........it isn't like the Police getting a Civilian Review Board where they lose control of protecting their guys..... this would be giving yourself the cover you should want...... "we were tough on EE but the Independent Arbitrator let him off light"

 

[ActualCowboysFan]

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.

They're arguing against filling prematurely in a premature filing.

 

[Nightman]

If the NFL continues to pursue the injunction, I could see Zeke playing in 2018 because they would potentially being going through the 5th circuit twice (for the injunction then the appeal of the trial).

and possibly a trip to the SCOTUS

 

[lopey]

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

LOL

 

[BotchedLobotomy]

That's why lawyers make so much money. They create a system that only highly trained folks can completely understand and maneuver within.

Self preservation. Lawyers and Politicians are good at it.

 

[Nightman]

They're arguing against filling prematurely in a premature filing.

The NFLPA did say that Henderson's actions was part of the unfairness and the verdict was not needed to see that.....plus they were using the timing to screw EE the most and that was proven at the hearing..... Henderson was swamped until Mazzant forced the NFL to say EE wouldn't be suspended Week 1..... then all of a sudden he has his decision

 

[jazzcat22]

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

Great question..it doesn't, but all they care about is preventing Dallas from having a better chance of winning against their darling teams they want to win.

 

[LandryFan]

I'd love to see it. I'm skeptical it will ever happen. If the NFL loses on the procedural process portion of the case, I have a hunch they won't fight the revocation.

I'm assuming you're an attorney, so I'll ask you this question: Is it possible that the courts will order the NFL to go back and review the case again, including allowing the NFLPA to question Goodell, Friel, accuser, etc. and then decide the case anew? If so, what would stop the league from following that court order and coming back with the 6 game suspension anyways? They could claim that the element of "fundamental unfairness" is no longer there and that they believe Zeke did commit DV. What recourse would Zeke's legal team have, then?

 

[VACowboy]

(yawn)

 

[pugilist]

oh snap

 

[pugilist]

 

[Direwolf63]

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.

And what will the players have to give up?

$$$$$$$$

The question then becomes: is the PA willing to do that for a process that might involve 1% or 2% of the players? Most players don't care about this process because they are smart enough to not put themselves in a position in which this matters. Unfortunately, Zeke is one of those 1% or 2%.

 

[GhostOfPelluer]

I'm assuming you're an attorney, so I'll ask you this question: Is it possible that the courts will order the NFL to go back and review the case again, including allowing the NFLPA to question Goodell, Friel, accuser, etc. and then decide the case anew? If so, what would stop the league from following that court order and coming back with the 6 game suspension anyways? They could claim that the element of "fundamental unfairness" is no longer there and that they believe Zeke did commit DV. What recourse would Zeke's legal team have, then?

I'm not an attorney. Everything I'm arguing is my own opinion based on reading the filings, sometimes looking at the cases cited in the filings, gathering opinions from those who are attorneys and actually weighing their opinions based on facts they cite. Some of it is common sense - which is admittedly dangerous because common sense and the legal world are at best distance cousins.

I'm pretty confident in saying that if Zeke wins this case it's because of the unfairness issue. The league wouldn't be able to come back and try it again without new evidence because it would be struck down quickly in court.

If Zeke wins solely on the process of the arbitration, the league would probably be able to go back and re-do that portion of the case.

 

[The Natural]

oh snap

What does this mean?

 

[TheHerd]

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

100% me as well. I used to watch NFL from Sunday morning until the wrap up shows were over Sunday night. Now it's DVR the Cowboys game and watch just the plays. That's why I'm rarely on the game thread or live forum discussions, btw.

 

[jazzcat22]

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.

This was what the biased Judy Batista was saying on Inside The NFL...the players will have to give up something to get Article 46 removed or changed. And that will be money...it all come down to money.

when the NFLPA voted on this, they gave that power to Goodell, in lieu of, they said like $100 million in money to the players, and for the 95% of players that aren't effected by it, they won't give up that money.
But Ray Lewis disagreed, he said it is not that simple, and he believes the players would give up money, because as soon as a player says...I won't get in trouble...what happens they get in trouble...

as all it will take is someone to lie, like TT...these are my words, not his.

I think the players need to hold out for both, keep the money, and dump article 46. I also think Batista is a giants homer that is full of crap that cherry picks what she wants to put out there.

 

[speedkilz88]

And what will the players have to give up?

$$$$$$$$

The question then becomes: is the PA willing to do that for a process that might involve 1% or 2% of the players? Most players don't care about this process because they are smart enough to not put themselves in a position in which this matters. Unfortunately, Zeke is one of those 1% or 2%.

If the nflpa is smart they tell the owners that they will not come to the table to talk about anything until the owners change the current process.