Henry Ford
Footballguy
No, Jason Rosenhaus might.
Now let's find out if Jason Rosenhaus has ever filed a lawsuit or argued for a TRO or PI in court.
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WR Josh Gordon, KC (9 Viewers)
- Thread starter Matt Waldman
- Start date
Now let's find out if Jason Rosenhaus has ever filed a lawsuit or argued for a TRO or PI in court.
Henry Ford
Footballguy
He's still not allowed to overturn an arbitrator's decision unless there's a legal reason to. Which isn't "insufficient weight given to the evidence."
Smack Tripper
Footballguy
Well, outside of that, what about a TRO where a determination is made on the matter? It would seem to me that judges have leeway and possibly an elastic discretion while a more through review takes place.
So a Question and thought... How long would a TRO last or what is the next step after that? Is it days/weeks/months?
And my thought would be, that action might reopen an opportunity for a settlement. Even if he gets 10 games it's productive for him based on the service time of playing 6
Henry Ford
Footballguy
A TRO would last until there could be a hearing on the matter, and at that point, a decision would be made about an injunction pending trial. Probably weeks. But in order to get the TRO, there has to be a showing of likely success on the merits, among other things.
Smack Tripper
Footballguy
Well, you're 100% wrong.
It is the arbitrator's job to interpret the evidence and the CBA, not the courts. The court doesn' t have that jurisdiction. All they can do (pending a lawsuit) is decide if the arbitrator didn't do his job by deliberately ignoring the CBA or other "inappropriate" activities.
The Browns, and all NFL teams, agree to abide by the CBA, as do the NFL players. Just as a steel worker works for his individual company, he & the company he works for, are regulated by the union contract they negotiate, as are the Browns and the NFL players.
This gentleman has posted at least 3 blogs on the Gordon situation.
First he said, based on his legal examination of the CBA, that there was NO WAY Gordon's suspension would be upheld.
Then he said that based on his interpretation of Ohio law, that Gordon would immediately get any suspension overturned, because the CBA violated Ohio law. Numerous links have been posted in this thread proving him wrong on this point.
This link, from last Friday says he "expect(s) the news to hit any hour now that Gordon has filed suit in Cuyahoga County, Ohio." 5 days later, and no lawsuit has been filed.
I'd say his credibility, with regards to this situation, is extremely questionable.
Smack Tripper
Footballguy
It was under the old CBA, and as far as I know, the case wasn't heard by a neutral arbitrator. Therefore, they didn't sue that the arbitrator did his/her job wrong, but that the NFL knew the banned substance was in the diet pills they were taking, but failed to inform them of this fact.
So, essentially, they sued that the NFL suspended them for something without proper cause. That's not the case with Gordon. He knew weed was banned.
Bronco Billy
Footballguy
How's that TRO/injunction doing? Haven't seen any news and I thought this slam dunk would have Gordon back on the field yesterday.
Dr. Octopus
Footballguy
where did you read that? Everything I read said the parties never negotiated any kind of settlement.
apalmer
Footballguy
False Start
Footballguy
No suit yet.
(HULK)
(Smash)
Link someone posted in this thread. Although it was just pointed out that the guy isn't the most credible
KellysHeroes
Footballguy
SaintsInDome2006
Footballguy
That's not an argument a judge is likely to even listen to.Soulfly3 said:
The trial court judge said that the arbitrator wasn't neutral, and he therefore didn't grant the same level of deference that a neutral arbitrator would have gotten. Also, the trial court judge inexplicably failed to include, as one of the prongs of the test to grant an injunction, the likelihood of success on the merits.Smack Tripper said:
The appellate court, however, held that the non-neutral arbitrator was as good as a neutral one since the NFLPA agreed to the appointment process. So after that, any trial judges within the same circuit would be bound to follow the appellate court's lead and ignore the non-neutrality of the arbitrator.
(Ohio and Minnesota are not in the same circuits, however.)
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SaintsInDome2006
Footballguy
I think I've isolated the last point this thread became relevant to the issue at hand.
Page 37, post no. 1825.
This thread is terrific reading, actual fun. Look at the posts as it starts to slowly grow on people how talented, how much fun, Gordon is as a football player, culminating with moments of epiphany in December 2013.
Nearly everything since has been a drag. That's 122 pages of nothin'.
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I agree with Octupus, I don't think negotiation over reduced suspension ever took place. It was just speculation.(HULK) said:
With that said, there really is not much for Gordon to lose over going to a judge for a TRO.
He's already been suspended the max he can be, and if he gets it, he plays, most likely all of 2014 until it makes it's way thru the courts.
bicycle_seat_sniffer
Smells like chicken
A judge can also say "im not giving you anything" and that is why is legal team probably hasnt filed suit yet because they probably have no leg to stand on
Smack Tripper
Footballguy
Good stuff bayhawks and maurlie, as this day draws to a close and with your information I think the good fight is over. See ya josh
Bronco Billy
Footballguy
https://mobile.twitter.com/FSOhioZJackson
Second post states that Gordon's locker is still full. Hmm...
Second post states that Gordon's locker is still full. Hmm...
Peyton Marino
Footballguy
Dinsy Ejotuz
Footballguy
Flesh wound.
Henry Ford
Footballguy
(HULK)
(Smash)
So, the arbitrator, he was someone the NFL hires routinely for this sort of thing right? And the league hired him, not Josh Gordon? And he was paid a sum of money by the NFL and routinely cashes checks for these matters, from the NFL?
Doesn't sound like it would be hard to create doubts about the arbitrators impartiality. What's the standard of doubt for a TRO? It's pretty low right, in favor of the person requesting it?
Seems to me if his lawyers are competent, getting a TRO should be easy. The real question is if he'll file for one or not IMO
Doesn't sound like it would be hard to create doubts about the arbitrators impartiality. What's the standard of doubt for a TRO? It's pretty low right, in favor of the person requesting it?
Seems to me if his lawyers are competent, getting a TRO should be easy. The real question is if he'll file for one or not IMO
Henry Ford
Footballguy
Getting a TRO for an arbitration award is not easy. Why would the burden be low, in favor of the person requesting it? There's been an award pursuant to an agreement to arbitrate, and the standard for overturning that award is quite high.
The arbitrator was appointed to hear the case by Goodell, not by Gordon. Gordon agreed (through the CBA) to allow Goodell to appoint the arbitrator. I believe the arbitrator's fees are paid for by Gordon and the League, 50/50, but I'm not sure.
Yes. The arbitrator in this case is well respected, but he's obviously closely aligned with the NFL. He used to be an employee of the NFL; I'm not sure if he still is.
I don't know what you mean by standard of doubt. But to get a TRO, you have to show, among other things, that you'd be likely to prevail on the merits. And in order to show that -- you pretty much have to show that the arbitrator committed fraud or something similar. Just showing that he's impartial, as long as Gordon agreed to the procedure by which he was appointed, is probably not enough. And similarly, just showing that he got the decision wrong is also not enough, because just getting the decision wrong is not fraud or something similar.
If easy is like a 1% chance, then sure.
Gordon's problem is that he agreed to let Goodell pick the arbitrator, and he agreed that the arbitrator's decision would be final -- not appealable. That's enough that a court won't even double-check the arbitrator's ruling for correctness except in very unusual circumstances (e.g., fraud).
Judges are all really overworked; they have way too many cases. Having people use private arbitration instead of going to court is something that judges love. So they make rules saying that if something is arbitrated, the parties have waived their day in court. Judges don't even have to bother with it.
If Gordon sues, a judge will have to bother with it -- but only slightly. He'll just check to see if there was fraud or something similar involved, conclude that there wasn't, and that will be that.
Vector
Footballguy
But, but, but-Gordon hired Suh! And some guy who has been wrong about this case A LOT says he talked to a clerk who is ready for a Gordon lawsuit.
Bamac
Footballguy
We've covered 2/3 of Webster's. Was a matter of time.
(HULK)
(Smash)
TRO isn't overturning anything, it's just saying that the court will consider overturning it. Those are badly different standards aren't they?
(HULK)
(Smash)
Gordon agreed or the NFLPA agreed? If so, his legal team is foolish for agreeing to use this arbitrator IMO
Soulfly3
Footballguy
The NFLPA agrees on a set of 5 (Im throwing a number out there, but I think it's correct) arbitrators that are recommended by the NFL.
When Gordon's case came up, an arbitrator was hand selected by Goodell to the case... Gordon, nor the NFLPA had any say in which arbitrator.
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(HULK)
(Smash)
he agreed or did not? Kinda critical here IMO
(HULK)
(Smash)
NFLPA does some stupid stuff sometimes says this redskins fan after looking at the salary cap restrictions we just went through. NFLPA agreed to screw the skins and cowboys for refusing to collude against the players during the lockout.Anyways, if this really requires proof of fraud for an injunction, I guess it's over most likely
Chaka
Footballguy
Dr. Octopus
Footballguy
Bronco Billy
Footballguy
Long Ball Larry
Footballguy
s
Henry Ford
Footballguy
As has been repeatedly stated in this thread, you have to show a likelihood of success on the merits to get a TRO. Which means showing a likelihood of being able to overturn it, it at least a complex or novel area of law that requires further investigation.This isn't either of those
