What happens next: the legal battle ahead?

[Qbert]

 

[NorthwestDallas40]

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.

Fair points by you and @Strong. Perhaps "remand" is the wrong term, but rather, a finding by the courts that there was a procedural violation, but that violation was not material enough, or intentional, to trump the commissioner's unilateral authority under Article 46 of the CBA to impose player discipline.

I agree about Texas courts. Interesting that the NFL just filed a competing suit in NY. Will be a battle of whether the Texas suit was appropriately "first filed" or filed before the district court there had jurisdiction.

 

[zekecowboy]

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.

Myself, I think the Zeke case is more than a procedural error with Kia. The metadata of photo's with bruises should be thrown out. Tanya should have to testify at the appeal hearing. The NFL is basically saying you are guilty, prove Zeke that you are innocent. Court could rule there is no evidence to support the ruling. I thought this could end up in Supreme Court.

 

[mardwin]

Hope Judge Amos gets their arses for that....

 

[superonyx]

Fair points by you and @Strong. Perhaps "remand" is the wrong term, but rather, a finding by the courts that there was a procedural violation, but that violation was not significant enough, or intentional, to trump the commissioner's unilateral authority under Article 46 of the CBA to impose player discipline.

I agree about Texas courts. Interesting that the NFL just filed a competing suit in NY. Will be a battle of whether the Texas suit was appropriately "first filed" or filed before the district court had jurisdiction.

I'm not a lawyer but I have a very hard time believing Zeke, the NFLPA and his lawyers are going through all this just to have hopes that Goodell will listen to Kia's opinion and rule again in the future.
They have a real path for victory which is no suspension and vindication of his reputation.
I can't imagine a judge rules that the league willingly acted inappropriately and conspired to suspend Zeke even though they had evidence that clears him and the judge sends the case back to Goodell to repeat himself 12 months later. Just not adding up to me.

 

[NorthwestDallas40]

I'm not a lawyer but I have a very hard time believing Zeke, the NFLPA and his lawyers are going through all this just to have hopes that Goodell will listen to Kia's opinion and rule again in the future.
They have a real path for victory which is no suspension and vindication of his reputation.
I can't imagine a judge rules that the league willingly acted inappropriately and conspired to suspend Zeke even though they had evidence that clears him and the judge sends the case back to Goodell to repeat himself 12 months later. Just not adding up to me.

It's a good point. I think if courts determine that this was intentional action to violate procedure/conspiracy, versus a mistake, there may be no sending it back to the NFL.

 

[Floatyworm]

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.

The days of the NFL thinking they are above the law are about to come to a screeching halt....IMO. How a league can make up rules as they please...without consequence....I don't see how the NFLPA can stand by and let this go w/o a fight. Seems some teams benefit more than others. There needs to be a clear definition of what deserves a suspension.(and how long)..instead of going on a case by case basis.

 

[guag]

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 my opinion, this actually helps the argument that it's better for him to take the suspension next year -- a (hopefully) improved defense should help us to better compensate for the loss of Zeke compared to this season.

 

[NorthwestDallas40]

In my opinion, this actually helps the argument that it's better for him to take the suspension next year -- a (hopefully) improved defense should help us to better compensate for the loss of Zeke compared to this season.

It's a good perspective. I just thought next year was our best Super Bowl chance because all those factors, and a 16-game Zeke, coinciding.

 

[ActualCowboysFan]

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.

I think if it's remanded there's at least some chance that the thing goes away. It'd be pretty unprecedented for them to take that, alter their procedure and come back with the same opinion. I think a combination of frustration at the length of the whole thing combined with another ratings decrease and pressure over his contract might convince him to take the L at that point.

 

[xwalker]

Myself, I think the Zeke case is more than a procedural error with Kia. The metadata of photo's with bruises should be thrown out. Tanya should have to testify at the appeal hearing. The NFL is basically saying you are guilty, prove Zeke that you are innocent. Court could rule there is no evidence to support the ruling. I thought this could end up in Supreme Court.

The courts won't rule on guilt or innocence of Zeke. The courts job is to review that the process was fair within the guidelines of the CBA and labor law.

 

[xwalker]

I'm not a lawyer but I have a very hard time believing Zeke, the NFLPA and his lawyers are going through all this just to have hopes that Goodell will listen to Kia's opinion and rule again in the future.
They have a real path for victory which is no suspension and vindication of his reputation.
I can't imagine a judge rules that the league willingly acted inappropriately and conspired to suspend Zeke even though they had evidence that clears him and the judge sends the case back to Goodell to repeat himself 12 months later. Just not adding up to me.

It does not matter if mistakes were intentional or just incompetence. Either way the NFL was wrong.

 

[JoeKing]

In the end...

Zeke's legal team prevails and Zeke plays all 16 games. Cowboys go 16-0 and wins out the playoffs forcing Goodell to hand the Lombardi to Jerry Jones.

 

[Nightman]

With no charges even brought the fact Henderson upheld the 6 games was a big thumb in the eye to the Court...... and that was only when the Judge called their bluff about suspending him Week One no matter what....... once that was settled as of a sudden he had an award typed up

He should have reduced it to 2 games tops like he did in the GHardy case but facts and precedents don't matter....... its all gamesmanship, PR and venues for the NFL

The NFL wanted the 6 games to be the baseline for any future proceedings.... if forced to negotiate again then the League may go to 4 games...... Zeke should ask for 2 games with no admission of DV and get it over with in late October to rest his legs for a couple weeks

 

[windjc]

People who went to see the hearing are overwhelming in their opinions that Zeke will get this injunction. And once he does he is playing every game this year.

So we can put all this drama to bed until off-season after Friday. Thank god.

 

[windjc]

Furthermore, one thing people haven't talked about - with 6+ months before a trial, there is also the possibility that the accuser will retract her statements instead of being forced to testify. There is more than one way out of this for Zeke once the injunction is rewarded.

 

[JoeKing]

With no charges even brought the fact Henderson upheld the 6 games was a big thumb in the eye to the Court...... and that was only when the Judge called their bluff about suspending him Week One no matter what....... once that was settled as of a sudden he had an award typed up

He should have reduced it to 2 games tops like he did in the GHardy case but facts and precedents don't matter....... its all gamesmanship, PR and venues for the NFL

The NFL wanted the 6 games to be the baseline for any future proceedings.... if forced to negotiate again then the League may go to 4 games...... Zeke should ask for 2 games with no admission of DV and get it over with in late October to rest his legs for a couple weeks

Yup In a perfect world. We don't live in a perfect world.

 

[Beast_from_East]

People who went to see the hearing are overwhelming in their opinions that Zeke will get this injunction. And once he does he is playing every game this year.

So we can put all this drama to bed until off-season after Friday. Thank god.

I think that is why the NFL filed a new suit in New York tonight, they probably could tell from the questioning that the judge is going to rule against them and a change of venue is the only option they have left.

 

[windjc]

I think that is why the NFL filed a new suit in New York tonight, they probably could tell from the questioning that the judge is going to rule against them and a change of venue is the only option they have left.

For several reasons the possibility of it moving to NY is around zero.

 

[DallasCowboys2080]

Good interview on what went on on tues with zeke at court and the reprecussions....

9-5-17- Sports Litigator Dan Wallach talks Ezekiel Elliott with Joe Spano...

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