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

[CCBoy]

I'm starting to loath the NFL and their win at all costs, even if it means a conscionable fan.

Sometimes, lawyers fight battles purely for their own vanity...again, at all costs.

Trying to replace a court already with jurisdiction...the NFL are such phonies.

Using due process as an excuse to sweep under the carpet, their own sense of ethical due process. Oh yea, invent a fire breathing dragon first, and stick to that instead, as the basis of not having a simple observation: There is no right way to do the wrong thing!

 

[TheHerd]

They don't have to join the Union but they have to pay an equal amount to yearly dues as a fee

They are still subject to punishment but I imagine the NFLPA would not back them in court.... I don't think it would help them in Court being independent

So they'd still be under the CBA? Isn't that between the NFLPA and the league? So if you're not in the NFLPA, how would they hold you to those same rules? I know it's seems impossible, but I'm just wondering given it's true that this stuff isn't applicable to most players.

 

[Scotman]

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.

That said, there wasn't really any arbitration here. It was a rubber stamp and it's obvious. I think they lose because they didn't follow their own guidelines.

 

[casmith07]

This process just confuses me

1. NFL questionably suspends Elliott.
2. NFLPA, on behalf of Elliott, sues the NFL to vacate the suspension.
3. Because litigation takes a while, they simply asked, initially, for an injunction to "pause" everything until its sorted out in court. It was granted.
4. The NFL, now, has tried to file an expedited appeal to attempt to overturn the injunction and force the suspension even before the case is litigated, citing irreparable harm.

There are fundamental problems with the NFL's stance, but I can get into those later when I'm not terribly busy at work and taking 5 mins to check in here, lol.

 

[casmith07]

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."

This is accurate.

 

[ThreeandOut]

I don't think she is a gold digger. She hasn't sued him at all. You haven't seen Gloria Allred sniffing around. I think that she is exactly like Zeke portrayed her as. If the shine isn't on her, she is going to bring everyone else down. She is not happy if she is not the center of attention. She is a sociopath. That's what makes her really scary because money is not her motive. She is just sadistic.

She hasn't sued because she wouldn't have a case in a real court.

 

[sacase]

She hasn't sued because she wouldn't have a case in a real court.

How many cases has Gloria Allred sued and there was no case in a real court. She loses nothing by taking that action. She just has to convince 51% of people that she was harmed and she wins. Not a hard thing to do in today's social climate.

 

[LandryFan]

This is accurate.

Thanks for the affirmation. I truly value your opinion/expertise.

 

[hornitosmonster]

Jerry needs to lead the cause to fire Roger

 

[mahoneybill]

Per Wallach, the NFL filed an appeal with 5th circuit appeals before the other judge rules

Don't know if this is a fact or not but on Inside the NFL Boomer E made the comment that the alleged DV occurred even before EE signed his pro contract with the cowboys.... That said if true, it at least appears to me that they took into account " allegations" of conduct when
he was a private citizen, and then to me only subject to the true court system and not the NFL policy.

Anyone else hear that, or have an opinion if indeed those are the facts...

 

[mahoneybill]

This process just confuses me

All due respect to any forum legal community members, but that's how lawyers make their money by creating uncertainty re the opposing parties position

 

[The Fonz]

Ezekiel Elliott's attorney to the NFL : that's totally inappropriate. It's lewd, lascivious, salacious, outrageous!

 

[ErikWilliamsHeadSlap]

It is almost as if the NFL is trying to sabotage it's own case. Every step of the process has been comical.

 

[BourbonBalz]

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.

Ask NASCAR how that strategy has worked out for them. They began ignoring their hardcore fans (I'm not one of them by the way) and screwing with the rules and how they do business to "grow their fanbase". It has been a disaster for them.

 

[speedkilz88]

How many cases has Gloria Allred sued and there was no case in a real court. She loses nothing by taking that action. She just has to convince 51% of people that she was harmed and she wins. Not a hard thing to do in today's social climate.

If it were strictly a he said-she said situation she probably would. But in this case their are multiple people that ruin her credibility including her own friends and police officers. That is a loser that would costs Allred money.

 

[pugilist]

welp

 

[BourbonBalz]

They take the men for granted, and they aren't wrong.

As I posted in an answer to another, NASCAR began doing that and it has bit them in the *** BIG TIME.

 

[ThreeandOut]

welp

Ha, so much for the NFL getting this by their desired due dates of 9/19 or 9/26.

 

[AmericasTeam81]

1. NFL questionably suspends Elliott.
2. NFLPA, on behalf of Elliott, sues the NFL to vacate the suspension.
3. Because litigation takes a while, they simply asked, initially, for an injunction to "pause" everything until its sorted out in court. It was granted.
4. The NFL, now, has tried to file an expedited appeal to attempt to overturn the injunction and force the suspension even before the case is litigated, citing irreparable harm.

There are fundamental problems with the NFL's stance, but I can get into those later when I'm not terribly busy at work and taking 5 mins to check in here, lol.

I would like to hear more from you on this. Of course, when you are not busy at work.

 

[DallasInDC]

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.

I disagree. Either way, the NFL has been exposed. If they lose the court cases, the talk will only increase about how the NFL overstepped their boundaries and has gone rogue in administering their judgement on conduct detrimental to the league. It will also highlight the fact that they keep getting it wrong.