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RB Ezekiel Elliott, NE (3 Viewers)

I'm not sure about the LMRA but the FAA shouldn't permit the Court to modify the arbitration award.  This isn't an issue like incorrectly adding up the judgment amount or ruling on an issue which should not have been addressed.  If there is an issue with the process, the result should be vacation (negating) of the award which would put the parties back to where they were before the arbitration.  
That could be the judges ruling and most likely will be, however, the judge can act as final arbitrator if he sees the need for the judgement if fairness is already jeopardized. 

It would make no sense for a Judge to send back the case to the NFL to suspend Zeke again when its already deemed the NFL having unfair practices and as the judge says, can not be fixed.

 
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That could be the judges ruling and most likely will be, however, the judge can act as final arbitrator if he sees the need for the judgement if fairness is already jeopardized. 
I'd be interested in where you saw that.  I have never had a situation where the issue was modification v. vacation of an award but the text of the FAA would seem to prohibit modification.

Modification standard:

In either of the following cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration—

(a)

Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award.

(b)

Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted.

(c)Where the award is imperfect in matter of form not affecting the merits of the controversy.

The order may modify and correct the award, so as to effect the intent thereof and promote justice between the parties.




2


Vacation standard:

(a)In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration—(1)

where the award was procured by corruption, fraud, or undue means;

(2)

where there was evident partiality or corruption in the arbitrators, or either of them;

(3)

where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or

(4)

where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.

(b)

If an award is vacated and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.

(c)

The United States district court for the district wherein an award was made that was issued pursuant to section 580 of title 5 may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in section 572 of title 5.




1

 
I'd be interested in where you saw that.  I have never had a situation where the issue was modification v. vacation of an award but the text of the FAA would seem to prohibit modification.

Modification standard:

Vacation standard:
In one of your quoted blocks, the standard lies within and that the arbitrator (Henderson) did not have info presented to him, which is what the argument is from the NFLPA, as the NFLPAs cross examination of TT is info Henderson needs to have. Also, that the person who suspended Zeke, Goodell, did not have the info from the lead investigator. Those would be the standards the judge could modify and or vacate with. 

 
Just to clarify on that prior point, the FAA encourages arbitration and pays great deference to decisions of arbitrators.  As a result, it is in only the rarest of situations where a Court will ever intervene to vacate, modify, or challenge an arbitration award.  In that regard, they are akin to an appellate court.  The issue isn't whether the Court would have ruled differently if they had the case but whether the procedure employed was so fundamentally flawed that the party did not receive due process.  

 
In one of your quoted blocks, the standard lies within and that the arbitrator (Henderson) did not have info presented to him, which is what the argument is from the NFLPA, as the NFLPAs cross examination of TT is info Henderson needs to have. Also, that the person who suspended Zeke, Goodell, did not have the info from the lead investigator. Those would be the standards the judge could modify and or vacate with. 
Yeah, that would be grounds to vacate or to not confirm that award.  But it shouldn't permit modification.  There might be a court somewhere that permitted modification in this situation but it would be counter to the text and spirit of the FAA.

 
Just to clarify on that prior point, the FAA encourages arbitration and pays great deference to decisions of arbitrators.  As a result, it is in only the rarest of situations where a Court will ever intervene to vacate, modify, or challenge an arbitration award.  In that regard, they are akin to an appellate court.  The issue isn't whether the Court would have ruled differently if they had the case but whether the procedure employed was so fundamentally flawed that the party did not receive due process.  
This is correct from my understanding, we have been saying for pages, this is that one rare case where corruption from Goodell (NFL) infected this outcome so badly that he has to rule to modify the award and vacate it if he sees fit. That is what Wallach quotes the Judge as insinuating he would rule. I am only basing my comments of the brief and the legal experts who dissect them.

 
Yeah, that would be grounds to vacate or to not confirm that award.  But it shouldn't permit modification.  There might be a court somewhere that permitted modification in this situation but it would be counter to the text and spirit of the FAA.
Will be interesting to see, I will never assume to know what Judges will do, but I will discuss the outcomes. One thing runs true, the guys in the black robes make the laws (per say) with their rulings and the precedent, he can make one here if its upheld by the 5CA.

 
Have we discussed Zeke completely quitting on the play after an interception yet?  The guy does not make it easy to root for him.
I was just coming in here to post that. If you're not a Cowboy fan or a fantasy owner, I see no way anyone can root for this guy. Just seems to be a total low character person.

 
I was just coming in here to post that. If you're not a Cowboy fan or a fantasy owner, I see no way anyone can root for this guy. Just seems to be a total low character person.
While he may/may not be a low character person, not chasing down an interception on the football field isn't any kind of proof he's low-character; in much the same way  that someone hustling on the football field isn't any kind of proof that he's a high character person.  I'm pretty sure there is probably video of Rae Carruth chasing a defensive player who intercepted a pass or recovered a fumble.  There's probably also video of OJ chasing a defender down.  Doesn't make either of them "high-character."

 
While he may/may not be a low character person, not chasing down an interception on the football field isn't any kind of proof he's low-character; in much the same way  that someone hustling on the football field isn't any kind of proof that he's a high character person.  I'm pretty sure there is probably video of Rae Carruth chasing a defensive player who intercepted a pass or recovered a fumble.  There's probably also video of OJ chasing a defender down.  Doesn't make either of them "high-character."
With his off field antics and his 'too good to chase an interceptor' attitude, I'm convinced that he's just a punk.   OJ was a woman abuser. So is Elliott. He's still in his formative years. He's highly unlikable.  I'll leave it at that.  

 
I don't care for Elliott, but I am not going to make too much of him not giving chase in what was a meaningless situation.  We saw Randy Moss take plays off at times.  I haven't any idea why some players are wired that way, but Elliott has generally been a player who gives forth a good effort on the field, so I will not let that alone sway my opinion of him.  However, his actions off the field already had many convinced Elliott is a low-character person, so any perceived lack of effort certainly doesn't help repair his image.

 
Yeah, that is not what I call neutral. 

Daniel Wallach‏ @WALLACHLEGAL  5m5 minutes ago

NFLPA notes that Henderson, a longtime NFL arbitrator with over 87 cases, has never “completely vacated” discipline:

 
With his off field antics and his 'too good to chase an interceptor' attitude, I'm convinced that he's just a punk.   OJ was a woman abuser. So is Elliott. He's still in his formative years. He's highly unlikable.  I'll leave it at that.  
That's fine; you're entitled to that belief.  Him not chasing an interception hard enough still isn't any kind of evidence of character problems.

 
Watching the cowboys get their ### kicked was great.  Watching Elliott be totally ineffective was somehow more enjoyable.  

 
That's fine; you're entitled to that belief.  Him not chasing an interception hard enough still isn't any kind of evidence of character problems.
Hard enough? Lol. He walked toward the sideline. 

But you are right. Beating up his girlfriend, lifting the girl's top without her permission, and knocking the guy out in the bar show you his character. Quitting on the play just shows you that he's a punk

 
With his off field antics and his 'too good to chase an interceptor' attitude, I'm convinced that he's just a punk.   OJ was a woman abuser. So is Elliott. He's still in his formative years. He's highly unlikable.  I'll leave it at that.  
Says an Eagles fan.  :P

link to where It's proven he's a woman abuser? Plenty of links where accuser made up the story for blackmail. Maybe so, maybe not, but it would be nice for the courts to decide. 

 
Hard enough? Lol. He walked toward the sideline. 

But you are right. Beating up his girlfriend, lifting the girl's top without her permission, and knocking the guy out in the bar show you his character. Quitting on the play just shows you that he's a punk
Don't let facts get in the way of a good Cowboy bashing Story.  He never hit anyone in the bar, it was the guy beside him.  But please continue jumping to conclusions  :lmao:

 
Says an Eagles fan.  :P

link to where It's proven he's a woman abuser? Plenty of links where accuser made up the story for blackmail. Maybe so, maybe not, but it would be nice for the courts to decide. 
Why? We have the court of public opinion which is far more reasonable. Still amazed people try to bring morals of players into fantasy football. 

 
From Footballguys email update last night:

4. DAL - RB Ezekiel Elliott stay request denied

Source: USA TODAY Sports - A.J. Perez

Updating an ongoing story, Dallas Cowboys RB Ezekiel Elliott's suspension remains on hold after the NFL's request for a stay in the case was denied Monday, Sept. 18.

[ [ [ [ [ [ [ [ [ FOOTBALLGUYS VIEW ] ] ] ] ] ] ] ] ]

With this stay request denied, Elliott looks like he could be able to play the entire 2017 season. His punishment may come at a later date, but for now fantasy owners should continue to start Elliott every week...even after a horrible performance against the Broncos in Week 2.
:no:   Judge Amos, who issued the original hold on the suspension just confirmed his position and denied the request.  The NFL still has an appeal to the 5th circuit that could over rule Amos where the NFL has asked them to rule by today or next Tuesday.  If and when that court rules will determine whether Elliott will likely be able to play the entire 2017 or not.  

C'mon Footballguys, at least show a little effort here.

 
From Footballguys email update last night:

:no:   Judge Amos, who issued the original hold on the suspension just confirmed his position and denied the request.  The NFL still has an appeal to the 5th circuit that could over rule Amos where the NFL has asked them to rule by today or next Tuesday.  If and when that court rules will determine whether Elliott will likely be able to play the entire 2017 or not.  

C'mon Footballguys, at least show a little effort here.
Do we still think it'll be denied and he plays all year?

 
Bayhawks said:
That's fine; you're entitled to that belief.  Him not chasing an interception hard enough still isn't any kind of evidence of character problems.
I agree on the character point, but not chasing the interception shows he not much of a team player.

 
Do we still think it'll be denied and he plays all year?
Who knows.  My guess is it will be denied and he plays all year.  The only thing I know about Louisiana (where the 5th circuit is) is that people down there are lazy and they take their sweet ### time.  I'm guessing they miss deadlines and then when they finally do rule it will be to uphold the previous ruling because that's the easiest thing for them to do.

 
While he may/may not be a low character person, not chasing down an interception on the football field isn't any kind of proof he's low-character; in much the same way  that someone hustling on the football field isn't any kind of proof that he's a high character person.  I'm pretty sure there is probably video of Rae Carruth chasing a defensive player who intercepted a pass or recovered a fumble.  There's probably also video of OJ chasing a defender down.  Doesn't make either of them "high-character."
Yeah but it shows he is a quitter. That is not lost on his teammates. Quitters don't last in the NFL.

 
This Wallach guy doesn't seem to be too strong on his opinion lately....

Lacanfora tweeted that if the NFL wins later in this week, Goodell will decide if it starts this week or next week...

Seems like they are already predicting the NFL to win.

 
Well since the biggest news today is that Charles Barkley has something to say about Zeke I'm assuming the 5th circuit isn't ruling anytime soon and he's safe to play this week.

 
About the backup situation... isn't the theory that Morris was playing because Rod Smart was needed for special teams, so McFadden was inactive? I'm not entirely sure I understand that theory because I would think that DMac is a receiving back and they would want him for passing packages and that kind of thing. Personally I think Morris is the better back, but of course McFadden has been great in the past for Dallas.

 
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They are all in my free agent pool and I probably have space for one.  I'll likely pick up McFadden, so Morris is probably the play.  
Picked up McFadden, and dropped West, my backup for Hunt 

If nothing happens by this weekend, I’ll pick hunt back up for the weekend....rinse and repeat next week 

 
SaintsInDome2006 said:
About the backup situation... isn't the theory that Morris was playing because Rod Smart was needed for special teams, so McFadden was inactive? I'm not entirely sure I understand that theory because I would think that DMac is a receiving back and they would want him for passing packages and that kind of thing. Personally I think Morris is the better back, but of course McFadden has been great in the past for Dallas.
It's McFadden. When Zeke is playing one of them has to be inactive. McFadden doesn't play special teams 

 
Seems to be some talk on the radio & PFT (link below) about Zeke possibly getting suspended as soon as Monday... anyone else have more insight into the current status/ situation?

PFT - NFL Won't Rule Out Ezekiel Elliot Suspension beginning Monday
I thought all the talking heads indicated that this is not likely at all. That last hearing was the big one and it went Zeke's way and thus, it's highly likely he plays this year and is suspended next year.

If there was risk I'd think Schefter would be tweeting about it.

 
I thought all the talking heads indicated that this is not likely at all. That last hearing was the big one and it went Zeke's way and thus, it's highly likely he plays this year and is suspended next year.

If there was risk I'd think Schefter would be tweeting about it.
That's what I thought too... yet for some reason i've been hearing it on the radio along with the above link. DMC was dropped in my league and initially was planning to just leave him out there, but I'll probably end up dropping Foreman or Conner for him as a security blanket. 

 
That's what I thought too... yet for some reason i've been hearing it on the radio along with the above link. DMC was dropped in my league and initially was planning to just leave him out there, but I'll probably end up dropping Foreman or Conner for him as a security blanket. 
So we can put this to bed, the 5th Curcuit hardly ever overturns decisions and only did so for 7% of cases in 2016. The NFL dropped the ball on this and won't get their suspension until 2018. 

 

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