What happens next: the legal battle ahead?

[Nightman]

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

That is a long time for the court of public opinion to sour once all the details really leak against the NFL

 

[NorthwestDallas40]

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

#knockonwood about a Zeke injury, but I've thought that if, for some reason, the team is out of playoff contention, he drops his appeal and serves most of the suspension at a time when him playing does not matter... but that is unlikely, because Zeke is making the decision, not the Cowboys. Zeke cannot give up, lest he accept the label of "domestic violator"

 

[Nightman]

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

a RFA might be a perfect fit.... a one year deal for 3-4m and they get to audition behind our OL for UFA

 

[rocknrobcowboy]

So the Tuesday 4 pm Eastern Deadline Has Come And Passed In which NFL said wasn't important actually was very important. That's the reason Elliott is playing Sunday.. That's the NBC Money talking right there. Ratings & advertising $ dictates Zeke plays In that game..What Really Boils Down To This Is..The NFL Is Using Zeke For Ratings & Advertising + Dollars And Then Wants To Destroy Him In The Process As In One Example By Upholding Hes 6 Game Suspension...Let That Sink In For a Moment..

 

[speedkilz88]

#knockonwood about a Zeke injury, but I've thought that if, for some reason, the team is out of playoff contention, he drops his appeal and serves most of the suspension at a time when him playing does not matter... but that is unlikely, because Zeke is making the decision, not the Cowboys. Zeke cannot give up, lest he accept the label of "domestic violator"

The nflpa would also like that victory in the courts.

 

[TWOK11]

It's clear to me based on my (somewhat limited) understanding of private contract law that while the NFL does have authority to effectively punish any player for any reason, they must do so using the agreed upon system in the CBA. In withholding both evidence and the recommendation of their lead investigator from the panel which ultimately voted to go with Goodell's recommended 6 game suspension, the league may have violated the collective bargaining agreement and the suspension can be legally voided under the agreed upon contractual rules signed by the NFL and NFLPA.

The other issue are labor laws that are beyond the scope of the CBA and still apply to private contract law, such as discrimination laws, laws governing employer/employee defamation and the withholding of contractually agreed upon wages. This is a gray area but generally, it is still illegal to deprive someone of agreed upon wages based on inflammatory claims which can be definitively refuted. This would be like a private college firing a head coach with cause and depriving him of money guaranteed in his contract under demonstrably false pretenses. This has actually occurred a couple times and both times I'm aware of the coach sued and won his lost wages. This also essentially amounts to either slander or libel, depending on the medium.

 

[Bleedblue1111]

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.

So in the end, no justice for Zeke, even if he's innocent of DV? That stinks to high heaven!

Thanks for offering your wisdom though, on this matter.

 

[Strong]

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...

Hey, Ray. Been too long. Hope you and family are well.

Nice analysis.

Are you sure they can remand to a private party (NFL) for further proceedings if they throw out the suspension? We know well that this is what you would do if a district judge made a mistake in a criminal or civil matter, but I think there is an argument that NFL would be stuck with their "unfair" procedures in this case and would not be entitled to a do-over.

My biggest concern, frankly, is that the Fifth Circuit is not known to be very friendly to workers and almost always sides with owners.

Jay

 

[NorthwestDallas40]

So in the end, no justice for Zeke, even if he's innocent of DV? That stinks to high heaven!

Remember, this is a private employer effectively making a personnel decision, not a court finding him guilty or innocent

 

[TWOK11]

Also, and I'm seeing this a lot on social media, do NOT let people convince you the Brady/Deflategate case will be used as precedent here. The cases are fundamentally different. The NFL suspended Brady for withholding evidence (text messages), a claim which they could prove in court. Brady simply argued they couldn't suspend him for that, which of course they can under the CBA.

Not only is Ezekial Elliott denying these claims, his lawyers claim extensive exonerating evidence the NFL was aware of and withheld from the decision making body. They are arguing the league fundamentally violated the CBA, among other things. Tom Brady and his lawyers NEVER claimed anything more than the suspension for withholding text messages was beyond the authority of the CBA and the courts ultimately disagreed.

 

[TWOK11]

So in the end, no justice for Zeke, even if he's innocent of DV? That stinks to high heaven!

Ultimately, he's already been convicted in the court of public opinion and that will never change. At best, the NFL will be forced to back away from the aggressive language used in their initial ruling.

My question for our lawyers on the board: is there any way Elliott could legitimately make the case for libel if the evidence of his innocence is as overwhelming as his lawyers have insinuated? This could potentially deprive Elliott of millions in future earnings.

 

[NorthwestDallas40]

Hey, Ray. Been too long. Hope you and family are well.

Nice analysis.

Are you sure they can remand to a private party (NFL) for further proceedings if they throw out the suspension? We know well that this is what you would do if a district judge made a mistake in a criminal or civil matter, but I think there is an argument that NFL would be stuck with their "unfair" procedures in this case and would not be entitled to a do-over.

My biggest concern, frankly, is that the Fifth Circuit is not known to be very friendly to workers and almost always sides with owners.

Jay

Hey Jay! I suppose if the district judge + Fifth Circuit found some sort of willful violation of procedure, like the "conspiracy" alleged by the NFLPA, they could punitively decide there would be no do-over... But I agree with you, the Fifth Circuit is not very union-friendly. May not get past them... Keep in touch!

 

[erod]

Zeke will play the entire season this year.

But can he keep his nose clean moving forward?

 

[knightrider94]

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 think the battle or war for Zeke and his family is about more than football. It's about his reputation. Sometimes, football is just a game.

 

[Fizziksman]

Zeke will play the entire season this year.

But can he keep his nose clean moving forward?

probably. most of the his behavior is from the offseason right?

 

[HardHittin'Witten]

I want Zeke to put a **** bomb on Goodell's front door, light it on fire, ring the doorbell and run off.

That's what needs to happen next.

 

[NorthwestDallas40]

So in the end, no justice for Zeke, even if he's innocent of DV? That stinks to high heaven!

Thanks for offering your wisdom though, on this matter.

As one poster suggested, a private lawsuit by Zeke for libel (or tortious interference with employment or something like it) is a possibility. Then, Zeke would only have to prove 51-49, to an impartial jury, that the NFL negligently made a false statement when it publicized that he committed domestic violence.

 

[Real1st]

Zeke will play the entire season this year.

But can he keep his nose clean moving forward?

If this isnt a wakeup call for him then he wont have a long nfl career. The nfl would love to finally pin something on him. He's a target now in his personal and employment life. Dude has no choice otherwise all of this would have been for nothing.

 

[Verdict]

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 see how you would arrive at the conclusions you reached. But the NFL is not a lower court. I am not sure that the case would be "remanded"'to the NFL for further action.

It's an unusual situation for sure. You would probably be accurate if the NFL were an administrative agency of some sort, but it's not. I think either the courts have the power to act or they don't. If they have the right to act (and I think they do) then I think the courts could very easily strike down the suspension.

I will also say this ...... courts in Texas are pretty stand offish and don't really care about how they are viewed by other courts. Texas really is a whole other country. If the case stays in Texas it is a big deal for the Cowboys.

 

[BotchedLobotomy]

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.

Probably won't really come into play on the new CBA. If you think about it, there is such a small % of players that this really affects. 99% of NFL players don't have to deal with this issue. If the NFLPA wants to change this part of the CBA, they are going to have to give up something. 99% of the NFL players are not going to want to give something back because of a few knuckleheads a year.
Now you may think, well, this opens the door for more players to get "blackmailed" or framed similar to what may be happening to Zeke. While this may be true, unless we see an uptick in these type of cases, the NFLPA is not going to want to fight this battle to benefit a few at the cost of concessions that affect the majority. The NFLPA is going to be picking their battles and I don't believe at this point this is going to be one of them.