What happens next: the legal battle ahead?

[Cowboys22]

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

At some point her being a Giants fans has to become an issue. In the context of Josh Brown and her bias towards Dallas.

 

[Corso]

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

Nah, no network wants to look like they are championing a "domestic abuser". No matter the true guilt, or innocence of said person.

 

[Daillest88]

At some point her being a Giants fans has to become an issue. In the context of Josh Brown and her bias towards Dallas.

That's my issue. Lisa getting away with alot

 

[nycpatsfan]

You are all looking at this wrong, and keep thinking the NFL hearing and following arbitration hearing has to be like a court trial. It doesn't have to be fair, the NFL can listen to whatever evidence it wants to, and ignore evidence and testimony it wants to. You will here this many times in the next few days. Article 46 of the Collective Bargaining Agreement. It gives the NFL the utmost power in employee discipline. This power was just upheld in Appellate court a year ago. There is no way a new appellate court will turn over a precedent set just 1 year ago. So the argument that the appeals hearing was not fair, it didn't include testimony it should have, evidence it should have, is null and void. It does not matter. That is not a procedural error they are talking about. The NFL is not a court of law, and was not required to be fair. The procedure is all listed in the CBA, that is the procedure that needs to be a heard to, and I have yet to see evidence that the NFL did not follow its own procedure.

So if all you have is that it was not a fair hearing, the courts will tell you to go pound sand. The courts by law, have to agree with a collective bargained arbitrators decision, the decision will never go to trial. If the NFL went by their collective bargained procedure. Remember article 46, the NFL can lay discipline however it seems justified, for any reason. The court will only order an injunction, if the NFLPA can prove they have a real shot at winning, and I am not seeing it. The ruling precedent is a year old. Again I am not saying the NFL is right, or they were fair, or they did a proper investigation, it is clear they didn't. All of that does not matter.

 

[Ghost12]

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.

The NFLPA's lawyers for Brady (who are the same people representing Elliott: Winston & Strawn LLP, Kessler, Greenspan) presented several arguments in the Brady case beyond the single one you mentioned above. Their rebuttal to the NFL's CA2 appeal stated, among other things, the suspension violated the law of shop, violated requirement to provide notice of player discipline, the award ignored player policies, it defied the essence of the CBA for fair and consistent discipline, fundamentally unfair proceedings, and Goodell was a evidently partial arbitrator. In other words, pretty much a lot of the same things we are seeing here in Elliott's defense.

 

[Ghost12]

You are all looking at this wrong, and keep thinking the NFL hearing and following arbitration hearing has to be like a court trial. It doesn't have to be fair, the NFL can listen to whatever evidence it wants to, and ignore evidence and testimony it wants to. You will here this many times in the next few days. Article 46 of the Collective Bargaining Agreement. It gives the NFL the utmost power in employee discipline. This power was just upheld in Appellate court a year ago. There is no way a new appellate court will turn over a precedent set just 1 year ago. So the argument that the appeals hearing was not fair, it didn't include testimony it should have, evidence it should have, is null and void. It does not matter. That is not a procedural error they are talking about. The NFL is not a court of law, and was not required to be fair. The procedure is all listed in the CBA, that is the procedure that needs to be a heard to, and I have yet to see evidence that the NFL did not follow its own procedure.

So if all you have is that it was not a fair hearing, the courts will tell you to go pound sand. The courts by law, have to agree with a collective bargained arbitrators decision, the decision will never go to trial. If the NFL went by their collective bargained procedure. Remember article 46, the NFL can lay discipline however it seems justified, for any reason. The court will only order an injunction, if the NFLPA can prove they have a real shot at winning, and I am not seeing it. The ruling precedent is a year old. Again I am not saying the NFL is right, or they were fair, or they did a proper investigation, it is clear they didn't. All of that does not matter.

The above is the sad reality of the situation. Article 46 has actually been in the NFL CBA for about 50 years. It has only recently become an issue because Goodell is the one who started grossly abusing his authority. Rozelle was one of the greatest Commissioners (of any sport) of all time and Tagliabue was weak, but at least he was not corrupt.

I do not believe the majority of union membership will hold out, strike or otherwise make significant sacrifices to get this language removed from the CBA. Fact is no one really cares much when someone else gets screwed, as Patriots fans found out last year and Cowboys fans are finding out now.

 

[Doc50]

You are all looking at this wrong, and keep thinking the NFL hearing and following arbitration hearing has to be like a court trial. It doesn't have to be fair, the NFL can listen to whatever evidence it wants to, and ignore evidence and testimony it wants to. You will here this many times in the next few days. Article 46 of the Collective Bargaining Agreement. It gives the NFL the utmost power in employee discipline. This power was just upheld in Appellate court a year ago. There is no way a new appellate court will turn over a precedent set just 1 year ago. So the argument that the appeals hearing was not fair, it didn't include testimony it should have, evidence it should have, is null and void. It does not matter. That is not a procedural error they are talking about. The NFL is not a court of law, and was not required to be fair. The procedure is all listed in the CBA, that is the procedure that needs to be a heard to, and I have yet to see evidence that the NFL did not follow its own procedure.

So if all you have is that it was not a fair hearing, the courts will tell you to go pound sand. The courts by law, have to agree with a collective bargained arbitrators decision, the decision will never go to trial. If the NFL went by their collective bargained procedure. Remember article 46, the NFL can lay discipline however it seems justified, for any reason. The court will only order an injunction, if the NFLPA can prove they have a real shot at winning, and I am not seeing it. The ruling precedent is a year old. Again I am not saying the NFL is right, or they were fair, or they did a proper investigation, it is clear they didn't. All of that does not matter.

It's not about adhering to their CBA. The issue is violation of the individual's civil rights, defaming his character, and depriving him of current and future income. Furthermore, the arbitrary discipline of an important participant in his place of employment will likely cause current and future harm to the success and value of said franchise.

Any contract may cause unexpected and damaging circumstances, and therefore be judged to be worth only the paper on which it is written.

 

[diefree666]

IN the end the case Zeke has to make is that the NFL violated the inherent right of his case to be fundamentally fair. So many here do not understand just how deeply imbedded the right to fundamental fairness in any proceedings deciding ones guilt or innocence. That is the bedrock of the legal system. If Zeke's lawyers can convince the judge that he had no chance of a fair hearing because they had already decided to punish him, then it does NOT go back to the NFL because they have proven they cannot be fair. And the right to fundamental fairness goes beyond the legal system; it is considered a human right.

It cannot be abrogated by any law or contract. The CBA, unlike some here think, was not written by the finger of god.

By the way the word is that the majority of team Reps in the NFLPA have agreed that this has to change greatly and will be a key demand in the next CBA negotiations. THEY are the ones that set the agenda for how the NFLPA decides what is important and what is not then the lawyers start to argue.

 

[speedkilz88]

 

[ConstantReboot]

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 love your post. I really do.

I however disagree.

I think Zeke will win the war as well. The reason if Zeke wins all the battles, how can he not win the war?

 

[NorthwestDallas40]

I love your post. I really do.

I however disagree.

I think Zeke will win the war as well. The reason if Zeke wins all the battles, how can he not win the war?

Thanks. I am coming around that he might, if he gets the right panel of judges on the 5th Circuit. I always thought that they would find procedural error, but not intentional unfairness or a conspiracy enough to trump Goodell's broad Article 46 powers. However, there is certainly enough there that, if Zeke draws the right 3 judges, they may be so offended by the unfairness that they refuse to send the case back to the NFL for a re-do.

 

[Ghost12]

I love your post. I really do.

I however disagree.

I think Zeke will win the war as well. The reason if Zeke wins all the battles, how can he not win the war?

It all depends on the vindictiveness of the NFL. The courts can set aside a specific suspension for certain reasons, but they aren't determining Elliott's innocence so they won't be saying "OK we set aside this suspension and forbid you from suspending him entirely." If they choose, all the NFL has to do is pretend to correct a few procedural errors, reinstitute the suspension, and win the "race to the courthouse" so they file in the same district as the one where they already have their favorable ruling.

Elliott can certainly delay things for quite a while with a couple legal victories. However the NFL will have their pound of flesh if they so choose. I imagine public sentiment will go a long way towards determining their course of action but unfortunately public sentiment outside Texas is, at best, pretty indifferent on this matter and, at worst, supportive of the suspension (much like how public sentiment outside New England regarding Brady was the same). I don't see how anything short of a Matlock-style smoking gun gotcha moment would change that.

The Cowboys may likely be facing the same questions faced in NE last year: Maybe it's best to take the suspension so you can plan around it than have it hanging over your head like the Sword of Damocles ready to strike at the worst time. They do not seem to be at that point yet but who knows what may come.

 

[ConstantReboot]

Thanks. I am coming around that he might, if he gets the right panel of judges on the 5th Circuit. I always thought that they would find procedural error, but not intentional unfairness or a conspiracy enough to trump Goodell's broad Article 46 powers. However, there is certainly enough there that, if Zeke draws the right 3 judges, they may be so offended by the unfairness that they refuse to send the case back to the NFL for a re-do.

Well for one thing I doubt this was based on procedural error and mostly willful intent. If thats the case Zeke might win out in the long run after all.

No question about it. Kia Roberts who instructed them not to suspend Zeke will play an integral role in all of this. If its already bothering the judge now, how much more will it gain traction in a courts of appeal?

 

[NorthwestDallas40]

Well for one thing I doubt this was based on procedural error and mostly willful intent. If thats the case Zeke might win out in the long run after all.

No question about it. Kia Roberts who instructed them not to suspend Zeke will play an integral role in all of this. If its already bothering the judge now, how much more will it gain traction in a courts of appeal?

we can hope. the fifth circuit is not too sympathetic to unions/employees, but this case stinks so bad. its about fundamental unfairness, and no judge likes that.

 

[ConstantReboot]

we can hope. the fifth circuit is not too sympathetic to unions/employees, but this case stinks so bad. its about fundamental unfairness, and no judge likes that.

Most judges aren't sympathetic to unions/employees. However, they will still need to judge if there is some kinda conspiracy. When they ask why Kia Roberts recommendations is excluded they can't just say its because of the process is faulty. But yes its fundamental corrupt and unfair. We can only hope.

 

[romothesavior]

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.

Great post. It's refreshing to hear someone who knows a thing or two about the law talk about this issue, rather than the mob of very opinionated but ill-informed folks who take up most of the space around here

 

[Jstopper]

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.

That will only be Daks 3rd season not his final year. We have him for 4 years

 

[windjc]

The NFLPA's lawyers for Brady (who are the same people representing Elliott: Winston & Strawn LLP, Kessler, Greenspan) presented several arguments in the Brady case beyond the single one you mentioned above. Their rebuttal to the NFL's CA2 appeal stated, among other things, the suspension violated the law of shop, violated requirement to provide notice of player discipline, the award ignored player policies, it defied the essence of the CBA for fair and consistent discipline, fundamentally unfair proceedings, and Goodell was a evidently partial arbitrator. In other words, pretty much a lot of the same things we are seeing here in Elliott's defense.

Credible evidence is different.