Zeke could absolutely play against the Giants if he wants to

[Strong]

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?

I am a lawyer (and used to work for the Cowboys - but did not work on disciplinary or CBA stuff) and I can't give any legal advice but my point was just that the appellate court in NY has already ruled in favor of the NFL. Other courts might interpret Supreme Court precedent differently or generally disagree with what was done in Brady at the appellate level and so EE would almost certainly have a better chance outside of NY for both a stay and ultimately succeeding.

 

[mkindred]

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.

Thanks for clearing that up. Now it makes much more sense that Jerry is remaining silent as someone else eluded to in this thread, he's probably seeking legal advice on how to pursue.

 

[beacamdim]

I am a lawyer (and used to work for the Cowboys - but did not work on disciplinary or CBA stuff) and I can't give any legal advice but my point was just that the appellate court in NY has already ruled in favor of the NFL. Other courts might interpret Supreme Court precedent differently or generally disagree with what was done in Brady at the appellate level and so EE would almost certainly have a better chance outside of NY for both a stay and ultimately succeeding.

Theoretically possible, yes. But if you know the law in this area (and if isn't your specialty, no reason you should), you would understand that none of the relevant issues are particularly controversial, and the circuits all pretty much come out the same way. So jurisdiction won't matter here, IMO.

 

[playmakers]

Could zeke file a claim in court to hold this up and after the first 6 weeks drop it and serve it. For example, we get through our tough start with the schedule and he can serve it when there's less competition.

 

[Zekeats]

https://video.search.yahoo.com/yhs/...=9c511931c1a9cca92f4567e6a986e850&action=view

 

[beacamdim]

Could zeke file a claim in court to hold this up and after the first 6 weeks drop it and serve it. For example, we get through our tough start with the schedule and he can serve it when there's less competition.

Not very likely. He would likely file for a restraining order, but he would have to show what in the law is "likelihood of success on the merits". In other words, he would have to show that when all was said and done he was likely to win the case. Def not impossible, but IMO a tough burden in light of the Brady opinion.

But I feel pretty confident that in the coming weeks will we get to see for real if that is the case.

 

[ChronicCowboy]

Zeke will play against the Giants. This thing is going to court.

 

[beacamdim]

Zeke will play against the Giants. This thing is going to court.

Even if he goes to court he still has to serve the suspension -- and miss the Giants game -- UNLESS the court issues an injunction staying the suspension until the case is decided.

While not impossible, that is by no means certain in light of the Brady ruling and the court's conclusions therein.

 

[GORICO]

Trust me I want him playing opening night against the giants cause Im traveling from NJ to see them and the new stadium.

the ranch--- OH man really?...you are traveling for the first game?....oh dude....If somehow some way we can win that first game without Zeke and all our suspensions....that will really be saying to league the cowboys are not a fluke

 

[aria]

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.)

Fantastic. As I've already said, I'd rather him miss the Giants game rather than against the Eagles or a handful of other teams. The Midgets already beat us twice with Zeke. IMO they need to switch up the game plan (attack the middle of the field with passes) instead of trying to run the ball against one of the best running defenses in the NFL. Zeke is a non factor vs the Giants. Zeke is a much bigger factor vs a team like the Iggles or Skins. That's not knocking anyone, it's just the way our NFCE rivals are built.

 

[DCBoysfan]

Why can't he? Is that some sort of obscure rule that the NFL has in place? I do think that the NFLPA will ultimately take this all the way to the higher courts and fight it and they will foot the entire bill.

You do know the owners including Jerry pays Godell right? Tell me you knew that?

 

[ConstantReboot]

You do know the owners including Jerry pays Godell right? Tell me you knew that?

Well what does that have to do with this case? Yeah absolutely nothing.

 

[CowboyWay]

I say we sign ray rice in the interim just to **** with roger goodell. But I can be a vindictive son of a *****.

 

[beacamdim]

I say we sign ray rice in the interim just to **** with roger goodell. But I can be a vindictive son of a *****.

Now that would be pretty funny.

 

[PA Cowboy Fan]

I say we sign ray rice in the interim just to **** with roger goodell. But I can be a vindictive son of a *****.

If only he could still play. lol

 

[CowboyWay]

If only he could still play. lol

What about OJ?

 

[beacamdim]

What about OJ?

Not in game shape, unfortunately.

 

[beacamdim]

https://www.si.com/nfl/2017/08/11/ezekiel-elliott-suspension-appeal-legal-process

 

[beacamdim]

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.

The league could still file an action seeking a declaratory judgment confirming the validity of the arbitration award/suspension even if it is not reduced on appeal to Goodell. So this case is almost certainly going to be in SDNY/2d Cir. -- in other words, bad news for Zeke.

 

[DCBoysfan]

Well what does that have to do with this case? Yeah absolutely nothing.

It means that Jerry can't hire a lawyer to sue his own employee. So it kinda has everything to do with it. Also get familiar with something called the CBA before you click reply.