What happens next: the legal battle ahead?

[NorthwestDallas40]

Today was a good day. It is clear to me (a lawyer), that that the judge in Texas will issue a temporary restraining order. 14 days later, he will likely issue a permanent injunction, that will prevent the NFL from suspending Zeke until the judge in Texas hears his appeal on the merits. This will likely last months. The Texas judge seems sympathetic to Zeke's cause. And if I had to read tea leaves, he rules in Zeke's favor and finds that Goodell was "arbitrary and capricious" when he did not consider Kia Roberts direct testimony (only Lisa Freel's filtered version) before ruling on the suspension, i.e., committed a significant procedural error... The NFL will appeal to the Fifth Circuit Court of Appeals. At that point, the result depends on the composition of the randomly-selected three judge panel of appellate judges. They will decide whether the Texas judge was arbitrary and capricious in finding that the NFL committed a procedural error... Even if the Fifth Circuit upholds the Texas judge's decision, Zeke has not won. Likely, the Fifth Circuit will "remand" or send the case back to the NFL and instruct it to follow the proper procedures and do it again. Which means that Goodell will hear from Roberts, but likely still make the same decision: 6 game suspension. Then, another arbitrator (unlikely Henderson, but possibly) will determine Zeke's ultimate fate, i.e., whether to reduce the 6-game suspension for "mitigating" factors, or uphold it altogether... THE BOTTOM LINE: today, and in the coming months, I think Zeke wins the battles; but ultimately, he will lose the war.

 

[CowboyStar88]

Today was a good day. It is clear to me (a lawyer), that that judge in Texas will issue a temporary restraining order. 14 days later, he will likely issue a permanent injunction, that will prevent the NFL from suspending Zeke until the judge in Texas hears his appeal on the merits. This will likely last months. The Texas judge seems sympathetic to Zeke's cause. And if I had to read tea leaves, he rules in Zeke's favor and finds that Goodell was "arbitrary and capricious" when he did not consider Kia Roberts direct testimony (only Lisa Freel's filtered version) before ruling on the suspension, i.e., committed a procedural error... The NFL will appeal to the Fifth Circuit Court of Appeals. At that point, it depends on the composition of the randomly-selected three judge panel of appellate judges. They will decide whether the Texas judge was arbitrary and capricious in finding that the NFL committed a procedural error... Even if the Fifth Circuit upholds the Texas judge's decision, Zeke has not won. Likely, the Fifth Circuit will "remand" or send the case back to the NFL and instruct it to follow the proper procedures. Which means that Goodell will hear from Roberts, but likely still make the same decision: 6 game suspension. Then, another arbitrator (unlikely Henderson, but possibly) will determine Zeke's ultimate fate, i.e., whether to reduce the 6-game suspension for "mitigating" factors, or uphold it altogether... THE BOTTOM LINE: today, and in the coming months, I think Zeke wins the battles; but ultimately, he will lose the war.

This is probably as accurate as it gets. But I'll say this I don't think Goodell gets his extension until after this is settled IMO. Its nuts that based on all the evidence he's still gonna lose. Such a bad look for the league

 

[cowboyblue22]

I think in the end zeke will serve six games nfl is not what I used to be not sure you can trust that the game results are not fixed in some way

 

[speedkilz88]

Today was a good day. It is clear to me (a lawyer), that that the judge in Texas will issue a temporary restraining order. 14 days later, he will likely issue a permanent injunction, that will prevent the NFL from suspending Zeke until the judge in Texas hears his appeal on the merits. This will likely last months. The Texas judge seems sympathetic to Zeke's cause. And if I had to read tea leaves, he rules in Zeke's favor and finds that Goodell was "arbitrary and capricious" when he did not consider Kia Roberts direct testimony (only Lisa Freel's filtered version) before ruling on the suspension, i.e., committed a significant procedural error... The NFL will appeal to the Fifth Circuit Court of Appeals. At that point, the result depends on the composition of the randomly-selected three judge panel of appellate judges. They will decide whether the Texas judge was arbitrary and capricious in finding that the NFL committed a procedural error... Even if the Fifth Circuit upholds the Texas judge's decision, Zeke has not won. Likely, the Fifth Circuit will "remand" or send the case back to the NFL and instruct it to follow the proper procedures and do it again. Which means that Goodell will hear from Roberts, but likely still make the same decision: 6 game suspension. Then, another arbitrator (unlikely Henderson, but possibly) will determine Zeke's ultimate fate, i.e., whether to reduce the 6-game suspension for "mitigating" factors, or uphold it altogether... THE BOTTOM LINE: today, and in the coming months, I think Zeke wins the battles; but ultimately, he will lose the war.

I don't know how they could expect the NFL to put the genie back into the bottle. You really can't fix that improper procedure. It would be window dressing or lipstick on a pig.

 

[pansophy]

The larger issue in my mind is how much does this factor into the next collective bargaining agreement? We could be looking at a long lockout or strike.

 

[reddyuta]

Today was a good day. It is clear to me (a lawyer), that that the judge in Texas will issue a temporary restraining order. 14 days later, he will likely issue a permanent injunction, that will prevent the NFL from suspending Zeke until the judge in Texas hears his appeal on the merits. This will likely last months. The Texas judge seems sympathetic to Zeke's cause. And if I had to read tea leaves, he rules in Zeke's favor and finds that Goodell was "arbitrary and capricious" when he did not consider Kia Roberts direct testimony (only Lisa Freel's filtered version) before ruling on the suspension, i.e., committed a significant procedural error... The NFL will appeal to the Fifth Circuit Court of Appeals. At that point, the result depends on the composition of the randomly-selected three judge panel of appellate judges. They will decide whether the Texas judge was arbitrary and capricious in finding that the NFL committed a procedural error... Even if the Fifth Circuit upholds the Texas judge's decision, Zeke has not won. Likely, the Fifth Circuit will "remand" or send the case back to the NFL and instruct it to follow the proper procedures and do it again. Which means that Goodell will hear from Roberts, but likely still make the same decision: 6 game suspension. Then, another arbitrator (unlikely Henderson, but possibly) will determine Zeke's ultimate fate, i.e., whether to reduce the 6-game suspension for "mitigating" factors, or uphold it altogether... THE BOTTOM LINE: today, and in the coming months, I think Zeke wins the battles; but ultimately, he will lose the war.

My worry is he will be suspended when we really need him next season when we can get our defense in order.

 

[NorthwestDallas40]

I don't know how they could expect the NFL to put the genie back into the bottle. You really can't fix that improper procedure. It would be window dressing or lipstick on a pig.

Unfortunately, I think the courts think you can fix the improper procedure. Courts do it all the time. When there is a procedural error in a criminal trial, the defendant does not go free. He just gets a new trial... Zeke will get a new trial, but in front of the same judge: Goodell

 

[reddyuta]

Unfortunately, I think the courts think you can fix the improper procedure. Courts do it all the time. When there is a procedural error in a criminal trial, the defendant does not go free. He just gets a new trial... Zeke will get a new trial, but in front of the same judge: Goodell

lets hope Jerry can work his magic and doesnt extend his contract.

 

[NorthwestDallas40]

My worry is he will be suspended when we really need him next season when we can get our defense in order.

This has been my feeling all along. I preferred him to serve the suspension this year, not next. Next year, we will be free of Romo cap hit and can spend big in free agency (in the last year of Dak's rookie deal), Jaylon fully healthy, our rookie DBs will have a year under their belts, etc.

 

[AmericasTeam81]

Today was a good day. It is clear to me (a lawyer), that that the judge in Texas will issue a temporary restraining order. 14 days later, he will likely issue a permanent injunction, that will prevent the NFL from suspending Zeke until the judge in Texas hears his appeal on the merits. This will likely last months. The Texas judge seems sympathetic to Zeke's cause. And if I had to read tea leaves, he rules in Zeke's favor and finds that Goodell was "arbitrary and capricious" when he did not consider Kia Roberts direct testimony (only Lisa Freel's filtered version) before ruling on the suspension, i.e., committed a significant procedural error... The NFL will appeal to the Fifth Circuit Court of Appeals. At that point, the result depends on the composition of the randomly-selected three judge panel of appellate judges. They will decide whether the Texas judge was arbitrary and capricious in finding that the NFL committed a procedural error... Even if the Fifth Circuit upholds the Texas judge's decision, Zeke has not won. Likely, the Fifth Circuit will "remand" or send the case back to the NFL and instruct it to follow the proper procedures and do it again. Which means that Goodell will hear from Roberts, but likely still make the same decision: 6 game suspension. Then, another arbitrator (unlikely Henderson, but possibly) will determine Zeke's ultimate fate, i.e., whether to reduce the 6-game suspension for "mitigating" factors, or uphold it altogether... THE BOTTOM LINE: today, and in the coming months, I think Zeke wins the battles; but ultimately, he will lose the war.

How long do you think this will take to play out? Like how many months/years?

If it is as long I think it will be (6-12month). Do you (and this is probably NOT a question regarding legality) think Zeke and his legal team with help from Jerry Jones could win a PR campaign?

 

[jlust22]

Unfortunately, I think the courts think you can fix the improper procedure. Courts do it all the time. When there is a procedural error in a criminal trial, the defendant does not go free. He just gets a new trial... Zeke will get a new trial, but in front of the same judge: Goodell

How long will the entire process you laid out take? He almost assuredly plays all of this season but how long would the entire appeal process go on for? Could we be looking at next spring or summer until all remedies are exhausted?

 

[AmericasTeam81]

lets hope Jerry can work his magic and doesnt extend his contract.

If Roger truly wants the extension, this might be Jerry's leverage.

 

[NorthwestDallas40]

How long do you think this will take to play out? Like how many months/years?

If it is as long I think it will be (6-12month). Do you (and this is probably a question regarding legality) think Zeke and legal team will help from Jerry Jones could win a PR campaign?

I think it plays out for at least 6 months, likely at least 9. There must be extensive legal briefing and oral argument before the Texas judge. Then, whichever side loses will file an appeal with the Fifth Circuit. Again, extensive legal briefing and then oral argument before the three-judge panel. Then, it's decision. There is an option for the loser to ask all the judges of the Fifth Circuit to review the three-judge panel's decision. But this is rarely granted. At that point, the case will be remanded to the NFL... Jerry could mount, and win, a PR campaign. But short of all the owners ousting Goodell, the PR win will mean little. Goodell will just suspend Zeke again, this time using the proper procedures and hearing directly from Kia Roberts.

 

[NorthwestDallas40]

How long will the entire process you laid out take? He almost assuredly plays all of this season but how long would the entire appeal process go on for? Could we be looking at next spring or summer until all remedies are exhausted?

As I just wrote above, at least 6 months, likely at least 9.

 

[AmericasTeam81]

Jerry might end up being the hero in all of this as he can probably bring the players and the owners together in support (Massive consensus). Jerry will gain mad street cred if goes toe to toe against Goodell.

 

[Nightman]

This has been my feeling all along. I preferred him to serve the suspension this year, not next. Next year, we will be free of Romo cap hit and can spend big in free agency (in the last year of Dak's rookie deal), Jaylon fully healthy, our rookie DBs will have a year under their belts, etc.

We could also sign a hired gun for a season for RB or draft one

we would have a whole off season to plan

 

[CowboyStar88]

Jerry might end up being the hero in all of this as he can probably bring the players and the owners together in support (Massive consensus). Jerry will gain mad street cred if goes toe to toe against Goodell.

I think it's about to happen...

 

[Swanny]

This has been my feeling all along. I preferred him to serve the suspension this year, not next. Next year, we will be free of Romo cap hit and can spend big in free agency (in the last year of Dak's rookie deal), Jaylon fully healthy, our rookie DBs will have a year under their belts, etc.

In a perfect world Zeke gets injured tgen decides to drop the fight and serves his suspension

 

[CWR]

My worry is he will be suspended when we really need him next season when we can get our defense in order.

Well if it eases your worries, we need him now, tomorrow and yesterday, so whenever pretty much sux for us.

 

[NorthwestDallas40]

We could also sign a hired gun for a season for RB or draft one

we would have a whole off season to plan

Yes, this is the one advantage, having a year, rather than a few weeks, to prepare KNOWING that Zeke will be suspended