Zeke could absolutely play against the Giants if he wants to

[CT Dal Fan]

If Zeke can get this cut to two games, accept it and move on.

If it stays at six games, it's time to take it to federal court. Not to rehash everything for the umpteenth time, a six game ban for a DV charge nobody can prove is total bull. It's the NFL putting the screws to somebody just because they feel like it.

If the league goes to court and says they suspended Elliott because they "thought" he did it based on "evidence" the Columbus police found to be garbage, then I like Zeke's chances.

 

[Chuck 54]

He will face a suspension, and he will serve it and miss games.
Get it over with. I'm okay playing the Giants without Zeke. Yes, he gives us a better chance, but we lost twice last year with him. Having him against weaker defenses almost guarantees W's. If we can't win most of our games without our starting RB, then we really aren't much of a team.

 

[links18]

The problem with this would be, what if the arbitration finishes at the end of the year, Zeke gets suspended, then has to sit out playoff games?

And what about roster decisions? Do you carry Morris all season, because Zeke may have to sit out at some point?

 

[links18]

He will face a suspension, and he will serve it and miss games.
Get it over with. I'm okay playing the Giants without Zeke. Yes, he gives us a better chance, but we lost twice last year with him. Having him against weaker defenses almost guarantees W's. If we can't win most of our games without our starting RB, then we really aren't much of a team.

Did you watch last year? Zeke was about 70 percent or so of the team.

 

[gmoney112]

Mike Florio is an attorney. Legal explanations are the only thing I trust him on regarding sports.

According to Florio, what is probably going to happen is Zeke is going to first appeal, then he'll get reduced to fewer games. If he still isn't happy, he can take the case to an arbitration hearing, which will result in a delay much like Brady's case (even though the NFL called for that hearing).

This could effectively go on for months, meaning Zeke could play the first several games of the season while it's being heard.

The negative, of course, is that this will be hanging over the team and season all year.

(Will Jerry foot the bill for this? Betcha he does.)

I fully expect him to repeal and play the beginning of the season. And I support thst decision.

 

[CWR]

Because of the language in his contract, any suspension UN-GUARANTEES his contract, which is $8 million. He is going to fight this to the end.

That means if he got seriously hurt or got another suspension, the Cowboys could walk away from his contract the following year with no penalty.

Wow, that cant be standard language? If not it points towards Dallas having maturity concerns from day one?

 

[RS12]

Just a guess, he appeals and gets reduced to 3 or 4 games. He should accept it and move on. I dont want to be screwing around with legal gymnastics late in the year or around playoff time.

 

[CWR]

Can't be suspended for playoffs but some of those final games will be extremely important and rely heavily on our running game.

Yeah either way, this being a young team and momentum doing what it does one could argue how we start the season will be equally important. Mainly meaning we dont dig ourselves in a hole.

 

[erod]

Wow, that cant be standard language? If not it points towards Dallas having maturity concerns from day one?

He had concerns in college. Apparently, he loved to take mollies and other party drugs.

 

[CWR]

He had concerns in college. Apparently, he loved to take mollies and other party drugs.

Im aware but was caught off guard that we actually anticipated this rainy day could
/would occur. I figured clean slate and all.

 

[mkindred]

If Zeke can get this cut to two games, accept it and move on.

If it stays at six games, it's time to take it to federal court. Not to rehash everything for the umpteenth time, a six game ban for a DV charge nobody can prove is total bull. It's the NFL putting the screws to somebody just because they feel like it.

If the league goes to court and says they suspended Elliott because they "thought" he did it based on "evidence" the Columbus police found to be garbage, then I like Zeke's chances.

If he's innocent, there is no way I would accept any suspension if I were in his shoes. By serving any time he will be viewed as being guilty of domestic violence for the rest of his career which comes with second and third order effects, e.g. sponsors and endorsements. Sometimes we as fans forget that this is not just a game, we are dealing with real people who play this game we love - and while it may be within the best interest of the team to just accept a lesser penalty, it is not within the best interest of the individual to just accept things and move on. I've said it in previous posts and I will repeat it again, if there is more information that points to he did do it that we aren't aware of at this point he should accept his suspension and try and learn from his mistakes and seek help. However, if he's completely innocent like he's stating - I hope he doesn't bend and fights this to the fullest extent possible to protect his name and reputation regardless of what impact that has on the Dallas Cowboys this season or next.

 

[Strong]

If he's innocent, there is no way I would accept any suspension if I were in his shoes. By serving any time he will be viewed as being guilty of domestic violence for the rest of his career which comes with second and third order effects, e.g. sponsors and endorsements. Sometimes we as fans forget that this is not just a game, we are dealing with real people who play this game we love - and while it may be within the best interest of the team to just accept a lesser penalty, it is not within the best interest of the individual to just accept things and move on. I've said it in previous posts and I will repeat it again, if there is more information that points to he did do it that we aren't aware of at this point he should accept his suspension and try and learn from his mistakes and seek help. However, if he's completely innocent like he's stating - I hope he doesn't bend and fights this to the fullest extent possible to protect his name and reputation regardless of what impact that has on the Dallas Cowboys this season or next.

One thing to keep in mind is that if the federal case gets brought in NY he almost certainly loses. The key will be for him to file immediately in MN (Judge Doty) or TX - or anywhere else he can justify - to get out of the 2nd Circuit Court of Appeals where the Brady case is binding precedent and he is far less likely to get either a stay or a win. The tricky part is that the league controls the timing of the appeal and may be able to get to federal court in NY before he even has a chance to read the appeal. However, I would think the NFL only gets to appeal to the feds if the original 6 games is lessened.

 

[FuzzyLumpkins]

Based on the Brady Federal court of appeals ruling last year that Goodell had the authority under the collective bargaining agreement to suspend players under the code of conduct policy, I just think it's a futile effort on his part, if his appeal is reduced from 6 to 4 games, that's just four game checks.... just accept it and move on. The league hasn't even looked into the night club incident yet, pouring gas on the fire isn't always a smart thing to do...

Read the ruling again:

We hold that the commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness. Accordingly, we reverse the judgement of the district court and remand with instructions to confirm the award.

Zeke has several angles to pursue the issue of fairness.

 

[PA Cowboy Fan]

If he's innocent, there is no way I would accept any suspension if I were in his shoes. By serving any time he will be viewed as being guilty of domestic violence for the rest of his career which comes with second and third order effects, e.g. sponsors and endorsements. Sometimes we as fans forget that this is not just a game, we are dealing with real people who play this game we love - and while it may be within the best interest of the team to just accept a lesser penalty, it is not within the best interest of the individual to just accept things and move on. I've said it in previous posts and I will repeat it again, if there is more information that points to he did do it that we aren't aware of at this point he should accept his suspension and try and learn from his mistakes and seek help. However, if he's completely innocent like he's stating - I hope he doesn't bend and fights this to the fullest extent possible to protect his name and reputation regardless of what impact that has on the Dallas Cowboys this season or next.

Totally agree. If he's innocent he has to fight it. It will stay with him forever and it starts a bad precedent for the NFL where they can suspend anybody they want without any proof. Just believing one person over another will do it. Where will it end?

 

[haleyrules]

Totally agree. If he's innocent he has to fight it. It will stay with him forever and it starts a bad precedent for the NFL where they can suspend anybody they want without any proof. Just believing one person over another will do it. Where will it end?

goodell needs to go after this fiasco! I mean its a sad injustice. Wheres the beef!!

 

[beacamdim]

I don't think it will matter legally whether they file in MN or NY. The basis of the Brady opinion was not unique to the Second Circuit, and relied heavily upon Supreme Court precedent which is binding nationwide. And even though it is in a different circuit, I believe a MN court would find the Second Circuit decision highly persuasive,

Bottom line, the legal case really won't hinge on the factual disagreements -- it will turn on whether Goodell under Article 46 had the right to make the facial conclusions and impose the discipline he determined. The Brady court was very clear that:

"Here, the parties contracted in the CBA to specifically allow the Commissioner to sit as the arbitrator in all disputes brought pursuant to Article 46, Section 1(a). They did so knowing full well that the Commissioner had the sole power of determining what constitutes “conduct detrimental,” and thus knowing that the Commissioner would have a stake both in the underlying discipline and in every arbitration brought pursuant to Section 1(a). Had the parties wished to restrict the Commissioner’s authority, they could have fashioned a different agreement.”

So IMO Zeke's only hope is for the suspension to be shortened on appeal. I think whatever is decided there will almost certainly be upheld in federal court.

BTW, anyone who is interested can read the Brady ruling here: https://static.nfl.com/static/content/public/photo/2016/04/25/0ap3000000655650.pdf

 

[Dre11]

Based on the Brady Federal court of appeals ruling last year that Goodell had the authority under the collective bargaining agreement to suspend players under the code of conduct policy, I just think it's a futile effort on his part, if his appeal is reduced from 6 to 4 games, that's just four game checks.... just accept it and move on. The league hasn't even looked into the night club incident yet, pouring gas on the fire isn't always a smart thing to do...

Yes it is, his reputation is also on the line. That's worth the fight

 

[mkindred]

One thing to keep in mind is that if the federal case gets brought in NY he almost certainly loses. The key will be for him to file immediately in MN (Judge Doty) or TX - or anywhere else he can justify - to get out of the 2nd Circuit Court of Appeals where the Brady case is binding precedent and he is far less likely to get either a stay or a win. The tricky part is that the league controls the timing of the appeal and may be able to get to federal court in NY before he even has a chance to read the appeal. However, I would think the NFL only gets to appeal to the feds if the original 6 games is lessened.

I'm no lawyer and would never pretend to be, but I'm curious why would he lose in NY? Politics aside (because I'm assuming you were stating he'd fare better in a more conservative location versus a more liberal court), if it goes to federal court regardless of which part of the country, what evidence would he have to provide to overrule the NFL's decision? Basically what I'm asking, if he does take it to the next level, regardless of location, what will that court be looking for to make a determination? If the DV case had merit to warrant a suspension? Whether the NFL has the authority to hand down a punishment regardless of how they reached their decision?

 

[The Quest for Six]

Yes it is, his reputation is also on the line. That's worth the fight

If anything, he needs to start to repair his reputation, he's getting a long list is issues off the field

 

[beacamdim]

I'm no lawyer and would never pretend to be, but I'm curious why would he lose in NY? Politics aside (because I'm assuming you were stating he'd fare better in a more conservative location versus a more liberal court), if it goes to federal court regardless of which part of the country, what evidence would he have to provide to overrule the NFL's decision? Basically what I'm asking, if he does take it to the next level, regardless of location, what will that court be looking for to make a determination? If the DV case had merit to warrant a suspension? Whether the NFL has the authority to hand down a punishment regardless of how they reached their decision?

He would lose in NY because NY federal trial courts are in the Second Circuit, and thus bound by law to follow the decisions of the Supreme Court and the US Court of Appeals for the Second Circuit. The Brady case was decided by the USCA for the Second Circuit, and would be binding law with respect to the scope of Goodell's disciplinary and fact-finding authority under the CBA in any application that Zeke brought there. Simple matter of legal procedure.

So to your questions, the dispute in court will NOT and cannot be about the underlying facts (he said, she said). The question will be whether Goodell had the power under the CBA to resolve the factual disputes and impose the discipline he did. In light of the Brady case (and related, prior case law), that is a very difficult, nigh impossible, burden for Zeke and the PA to meet here.