What happens next: the legal battle ahead?

[Pessimist_cowboy]

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.

If Goodell uses the "proper procedures" and hearing directly from Kia Roberts, isn't it likely that the suspension would at least be reduced?

 

[CanadianCowboysFan]

Up here in Canada, and I assume the law is similar, you can delegate decisions to a board or tribunal, but said board must exercise its discretion judiciously. Ignoring evidence as this kangaroo court did would be patently unreasonable and be set aside.

 

[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...

https://audioboom.com/posts/6272832...=retweet&utm_medium=social&utm_source=twitter

 

[Blackspider214]

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

Jerry is just one owner. While the most powerful/influential owner, he still is just one of 32. Kraft is probably second behind Jerry and his star player and the face of the league did not win his case when it kept taking it up the ladder. Jerry would not be able to block the rest of the owners from giving Goodell an extension. At least I don't think he can. Jerry will fight tooth and nail for his player but when the dust settles and the season starts, the owners and league will be raking in the dough. Jerry will get his whether Zeke plays or not. The owners and Goodell still have a good relationship and sadly, we will see him as commish for awhile. He isn't going anywhere. Unless something transpires when this is taken even further but I doubt it.

 

[Melonfeud]

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.

*FOLLOWING* now!

 

[pansophy]

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.

This is probably true.

I wonder if the suspension is really about all the other negative press Zeke got over the last year. Since they are really doing all of this for PR, maybe this is why it took a year to get to this conclusion.

I mean if they really believed something happened then he should get 6 games, but then so should everyone else who came before him.

 

[TheHerd]

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

At his pay grade, that's like 200M of leverage.

 

[BotchedLobotomy]

This is probably true.

I wonder if the suspension is really about all the other negative press Zeke got over the last year. Since they are really doing all of this for PR, maybe this is why it took a year to get to this conclusion.

I mean if they really believed something happened then he should get 6 games, but then so should everyone else who came before him.

I took the time to read the transcript from the appeal and I have always been on the fence. Well, I am not any more. I just can't fathom how the NFL could come up with a credible reason to suspend Zeke. The NFL's evidence are blurry pictures of bruises and hickeys with absolutely no evidence of how they were caused. The NFLPA's own expert testified that it is impossible to determine when bruises occurred based on pictures alone. When they say TT is not credible, they are not kidding. Anyone reading the transcript cannot come out with any other result.

 

[samilpa4life]

If all you need to bury a guy's reputation and finances are accusations and pictures (that anyone can fake), then the league is setting a dangerous precedent. For goodness sake, the police knows this happens all the time and doesn't press charges, why is the NFL being so stubborn? Oh never mind, it's because of Ray Rice

 

[Redball Express]

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.

hey..that was great.

Used to work for a large lawfirm and it gets crazy.

but Jerry has deep pockets and its a write off for him.

and it only generates more exposure for the team and that's a winner.

Get your popcorn ready...

 

[NorthwestDallas40]

hey..that was great.

Used to work for a large lawfirm and it gets crazy.

but Jerry has deep pockets and its a write off for him.

and it only generates more exposure for the team and that's a winner.

Get your popcorn ready...

Me too...

Yes, I think it will be a show for the better part of a year. If the courts somehow conclude that this was orchestrated conduct by Goodell and Freel, maybe, just maybe, Article 46 will not be the trump card in this case.

 

[aikemirv]

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.

I don't see any court remanding back to the NFL. They can see through this farce!

 

[Don Corleone]

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!

The one saving grace is that the Fifth circuit is in New Orleans. After bountygate, the city of New Orleans hates the NFL front office. The NFL should be nervous about having any proceedings there.

 

[Real1st]

The one saving grace is that the Fifth circuit is in New Orleans. After bountygate, the city of New Orleans hates the NFL front office. The NFL should be nervous about having any proceedings there.

It would be sweet.

 

[Texas_Pete]

 

[Daillest88]

You put it on ESPN or NFL network.. there ignoring all of this.

 

[Cowboys22]

You put it on ESPN or NFL network.. there ignoring all of this.

So what. It won't be ignored by a judge.

 

[Daillest88]

So what. It won't be ignored by a judge.

And that's all that matters. The hate for the Boyz is crazy lol

 

[Texas_Pete]

You put it on ESPN or NFL network.. there ignoring all of this.

Yep yep - Clarence Hill not on their payroll so he telling the full truth.

I'm so glad Kessler is keeping the press on. Kessler is NOT playing a "prevent defense" out there. He tryna run up the score!

 

[Don Corleone]

You put it on ESPN or NFL network.. there ignoring all of this.

That's because the NFL network is under league control. ESPN has at least hinted to some form of mishandling in this case.