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RB Ezekiel Elliott, NE (2 Viewers)
- Thread starter Faust
- Start date
Mavis
Footballguy
If he lifts the injunction, it starts as soon as he issues it, no delay. As soon as his gavel hits, it goes into effect. This is in the courts now, as suspension has already been issued. The only reason he is able to play now is because a court stopped it.
I suggest just take a second and read the tweets from Wallach, all the info is there if you take a moment from lawyers who know the courts there...not us trying to explain may help you better understand. Did for me.
The lawyer guy has all the goods on twitter.
beerbuff
Footballguy
Even if the injunction gets lifted you know full well that Zeke's team would appeal that decision. I believe the NFL's actions were expected and predictable, just as what Zeke's attorneys reactions will be should the NFL somehow prevail. At this point I am very optimistic that Zeke will play all year.
Mavis
Footballguy
This dude must know the judge personally or something. Like sending XMas cards personally.
Daniel Wallach @WALLACHLEGAL 7m7 minutes ago
Why NFL stay motion will be denied: the "irreparable harm" prong favors Elliott (and not just by a little): http://bit.ly/2gV8s2e
Daniel Wallach @WALLACHLEGAL 53s54 seconds ago
Wonder if NFL will file its stay motion with CA5 tomorrow, as promised. Would flout Mazzant order & may tick off CA5.
Daniel Wallach @WALLACHLEGAL 7m7 minutes ago
Why NFL stay motion will be denied: the "irreparable harm" prong favors Elliott (and not just by a little): http://bit.ly/2gV8s2e
Daniel Wallach @WALLACHLEGAL 53s54 seconds ago
Wonder if NFL will file its stay motion with CA5 tomorrow, as promised. Would flout Mazzant order & may tick off CA5.
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Gottabesweet
Footballguy
What are the chances the NFL gets an expedited process similar to the Brady Deflategate case?
STEADYMOBBIN 22
Footballguy
Gottabesweet
Footballguy
Was just going off this posted yesterday by Joe Bryant/Gray
Monday Update *** RB Ezekiel Elliott (DAL) According to ESPN's Todd Archer, the NFL has taken steps to reverse a judge's preliminary injunction that blocks the six-game suspension of Dallas Cowboys running back Ezekiel Elliott for violating the personal conduct policy.
First, the league asked Judge Amos Mazzant for an emergency stay of the preliminary injunction that he put into place Friday. Second, the NFL filed a notice of appeal with the U.S. Court of Appeals for the Fifth Circuit.
On Monday, Mazzant did order the NFL Players Association to file a response to the NFL's request for a stay by Wednesday at 6 p.m. ET. The NFL will have until 6 p.m. Friday to file its response. If the judge will not reverse his decision, it's not clear how quickly an appeal will be heard. If Mazzant's initial decision is overturned, then Elliott's suspension could go into effect immediately.
Elliott was eligible to play Sunday against the New York Giants, but without Mazzant's ruling, he would have missed the next six games and not been able to return until Nov. 5 against the Kansas City Chiefs. The injunction likely means Elliott will be allowed to play the entire season, but the NFL could ask for an expedited hearing of the appeal.
The NFL is following a similar path it took in the 2015 Deflategate case against New England Patriots quarterback Tom Brady.
NJ
Footballguy
Brady's case was a little different because it was filed end of July/early August and Brady did not seek an injunction to allow him to play because BOTH sides agreed it was mutually in their best interest to settle the case before the season started so they both requested an expedited process and asked the judge to make his decision prior to week 1. The judge ruled in Brady's favor and then the appeal was not settled until after the season was over and Brady ultimately lost and served the suspension the following season. In this case the season is already underway, the NFL can try to expedite it but it's certainly not in Zekes best interest at this point to be dealing with the case during the season.
Gottabesweet
Footballguy
Is this going to end up being a weekly thing will he play or won't he? or will we know one way or another by Friday if he's likely to play all year or start his 6 games?
CBS:
The TRO and preliminary injunction was expected to keep Elliott available until at least November or December, if not the entire season, but it's no longer clear if that's still the case after the NFL appealed the injunction. No matter what ultimately holds up as the final decision regarding any suspension, it's unlikely that a resolution will come before Sunday, putting Elliott in line to play again after he submitted a typically strong all-around performance in the Cowboys' Week 1 win over the Giants, during which he accrued 104 yards on the ground and 36 more through the air.
CBS:
The TRO and preliminary injunction was expected to keep Elliott available until at least November or December, if not the entire season, but it's no longer clear if that's still the case after the NFL appealed the injunction. No matter what ultimately holds up as the final decision regarding any suspension, it's unlikely that a resolution will come before Sunday, putting Elliott in line to play again after he submitted a typically strong all-around performance in the Cowboys' Week 1 win over the Giants, during which he accrued 104 yards on the ground and 36 more through the air.
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Insoxicated
Zeke will definitely play this week, and likely for the foreseeable future.
Good insight here.
Even better insight here.
Good insight here.
Even better insight here.
Not sure if the NFL will back down and let this take it's course (letting Zeke play all year, and potentially serving the suspension next year if he loses his appeal).
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Gottabesweet
Footballguy
if they lose this week, what other option does the NFL have besides letting it take it's course?
I don't know if the NFL will have a choice. If the appeal to get the injunction lifted is denied, then the suit would proceed with the injunction in place. Depending on the court, the case could be heard in 6-8 weeks, or it could take longer. It could be expedited, but I THINK the NFLPA would have to agree to that & I'm not sure why they would.
The NFL could try to get the suit & injunction thrown out, on the basis that the NFLPA didn't have grounds to file the suit when they did, but I don't know if that is a legitimate option, or the viability of that option. I'm also not sure why they'd go that route. At this point, the NFL is all about protecting ALL of their collectively bargained power. They don't care when Zeke serves his suspension, they just want to make sure that the courts protects their right to make him do so. The NFL is making the same argument they made in the Brady case: the judge went beyond his scope-he didn't rule on the adherence to the CBA, which is what he was empowered to do, he ruled on the facts of the case. Likely that they ultimately win that appeal.
That being said, it's a bit ironic that the NFLPA complains about the fact that Goodell gets to hear appeals of his own decisions, and are likely to benefit from the fact that this NFL appeal must be heard by the judge who made the original decision. Turn-about is fair play, Roger.
Gottabesweet
Footballguy
Ruh oh.
NFL files motion to stay injunction (keep suspension) pending Elliott appeal, cites "ongoing judicial interference with parties’ contract."
NFL files motion to stay injunction (keep suspension) pending Elliott appeal, cites "ongoing judicial interference with parties’ contract."
Gottabesweet
Footballguy
Threatening Judge Mazzant to decide tomorrow or they are filing Friday to 5th circuit.
Mavis
Footballguy
Saw this earlier so I wanted to talk to my judge friend about this, he made a few points beyond that there is too much irreparable harm towards Zeke for this injunction to be granted a stay.
1) Elliott did not sign a contract for the NFL to investigate him for alleged crimes he was never charged with, the NFL decided that on their own.
2) The alleged crimes were not committed while he was under contract.
3) They can use the NFL going to court last year ahead of Brady saying they were trying to have the courts interfere, as why would they need to file a court order if they believed their decision was final.
4) DO NOT TELL JUDGES WHAT TO DO OR THREATEN JUDGES TO MAKE DECISIONS, EVER. UNDER ANY CIRCUMSTANCES.
Sorry for the bold but he told me to make sure I emphasized that part.
Waiting for Wallach to chime in more, but he seems to think the NFL is embarrassing themselves with their arguments.
In this case "the parties' contract" is the NFLPA and the NFL - the NFL contends that that players have contractually agreed to this discipline, and the injunction interferes with those bargained-for rights.
Gottabesweet
Footballguy
So basically if he responds tomorrow it's moving up the 5th circuit appeal by one day. It all comes down to how fast the 5th circuit will see this case. From what I'm seeing it could be days, weeks, or months. The NFL likely wins there.
Zeke owners are hoping months but I'm not sure why the NFL would rush the judge making a decision, wouldn't the 5th circuit see this and question.
Mavis
Footballguy
True, but remember the NFL changed its rules without NFLPA approval in the middle of the CBA. This angered the NFLPA and they wanted to fight it then, but they didnt. Now that it is before the court it will matter. If you read the court docs already, it has been brought up for foundation in the briefs earlier. The end game, rumor has it, is not just Zeke...but if the NFL did things without the NFLPAs approval and a court sees it that way, ti could instantly void the CBA and any punishment there after and create an entire mess. Just rumors.
The NFL is actually best served letting this go.
The first line is not completely accurate. The CBA the players union agreed to gave the commish sole authority to handle domestic violence incidents. It did not give any specifics. When the NFL made their policy more specific, they did not "change their rules," they specified them. Prior to making this policy specific, Goodell still could have issued a 6-game suspension to a player involved in a domestic abuse situation. Nothing was changed, only specifically written down, as opposed to being left unwritten.
With that being said, not sure why the NFL is taking this route. I can see them not wanting players using the courts to circumvent the CBA, but they likely win in the end anyway, so why the rush?
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Gottabesweet
Footballguy
NFL filed for an emergency reversal at the 5th circuit just now. Not sure any of what this means but the NFL is likely to win and I'm guessing faster than normal.
pantherclub
Footballguy
beerbuff
Footballguy
Granted, it is a biased website but here is a good article that explains things pretty good. http://dal.247sports.com/Bolt/NFL-files-emergency-motion-in-Ezekiel-Elliott-case-107405683
I picked up DMC last night as a just in case move but I also had an empty roster spot to fill.
I picked up DMC last night as a just in case move but I also had an empty roster spot to fill.
Mavis
Footballguy
Expected all along and people here are panicking? lol Unless the guy below worries it may get stayed, I wont worry. He is laughing at the NFLs case and has been right EVERY. SINGLE. STEP. of the way. The NFL doesnt even include the things it needed to in its brief for a stay.
No offense to those passing advice, but if he doesnt say I need to worry, I wont.
Daniel Wallach @WALLACHLEGAL 2m2 minutes ago
Stunningly, NFL does not even identify the four elements needed for a stay. Boilerplate in every motion. Omitted b/c it lacks them here.
Daniel Wallach @WALLACHLEGAL 1m1 minute ago
I'm no Paul Clement, but in nearly every motion I've ever written, I've always identified the "elements" needed to succeed at the outset.
Daniel Wallach @WALLACHLEGAL 2m2 minutes ago
Clement's decision not to ID elements needed for stay as a separate paragraph done to avoid calling attention to fact NFL lacks 3 of them.
Daniel Wallach @WALLACHLEGAL now7 seconds ago
Hate to put my winning streak in case vs. Paul Clement's winning streak in life, but here's why I think NFL loses: http://bit.ly/2gV8s2e
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Gottabesweet
Footballguy
This guy has been right however the NFL and who they hired is the best in the COUNTRY. He doesn't lose, the NFL doesn't lose. They get what they want and they'll likely rush the 5th circuit into the decision they want by 9/19-9/26
Mavis
Footballguy
1) Yes.
2) The crimes investigated by the cops that led tot hem investigating Zeke, Yes. He was not suspended for the things after wards like pulling down the womans top. Which is another topic, and yes, disgusting.
Mavis
Footballguy
I remember when the Patriots were 18-0 in the Super Bowl...they didnt lose either...until they did.
Gottabesweet
Footballguy
Mavis isn't he trust a guy on twitter with 15,000 followers, who has been correct thus far, I however believe the NFL doesn't lose and believe that it's all a corrupt system and the NFL's undefeated attorney will prevail.
socrates
Footballguy
Gottabesweet
Footballguy
pantherclub
Footballguy
He signed in May right? And didnt these actions take place during the summer or do I have the timeline completely off?
Mavis
Footballguy
That guy with 15k followers is the person every single person is sourcing for the info. That aside, the corruption is a legit argument and could prevail. Wont dispute, but their corruption is why they are in this mess and maybe a court down south will be fed up with the boys up north thinking they can tell the courts what to do.
However, the legal analysis here from that guy is spot on and as you said, has been right so far.
Gottabesweet
Footballguy
I agree he's a great follow and the only one really taking a stand on either side. I just believe the NFL and it's $$$ and the law process is a giant mess/corrupt system where they get whatever they want.
The General
Footballguy
Legal experts. What percentage chance we talking the NFL has here? 50/50?
Mavis
Footballguy
Some legal expert online compared it to the Jets beating Oakland this week.
Alan Milstein @amilst44 2h2 hours ago
Chance 5th Circuit grants NFL motion to stay Elliot preliminary injunction as likely as Jets beating Raiders Sunday.
This is how George Atalah feels...
George Atallah Verified account @GeorgeAtallah 1h1 hour ago
Dear members of the sports media. Hope you have a wonderful weekend.
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Mavis
Footballguy
So, the NFLPA is not siting anything that is wrong with the CBA, but that the FAA and LMRA laws were broken and that is what the judge agreed with in finding for Zeke in the injunction.
The fundamental fairness is something that is required by law in any Arbitration as set forth by federal law and cant be negotiate away in an CBA, which is what also grants them the same power of perjury.
Daniel Wallach @WALLACHLEGAL 46s46 seconds ago
NFLPA: If concealment of exculpatory evidence and the denial of the most essential witnesses is not fundamental unfairness, then nothing is
The fundamental fairness is something that is required by law in any Arbitration as set forth by federal law and cant be negotiate away in an CBA, which is what also grants them the same power of perjury.
Daniel Wallach @WALLACHLEGAL 46s46 seconds ago
NFLPA: If concealment of exculpatory evidence and the denial of the most essential witnesses is not fundamental unfairness, then nothing is
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SaintsInDome2006
Footballguy
I have to give some credit to Mavis. I have felt very strongly about the unfairness of the NFL adjudication system for some time. I'm all out of invective so I won't type it out. And I do have a problem of feeling something in my bones and yet not trusting that things will pan out like I think right. But in the end the district court judge did see it Mavis' way (and mine frankly), but I am always surprised when the "right" thing happens. I'm out of insights. The 5th Circuit, located in New Orleans, is definitely conservative and pro management. So again, I feel jaded and have skepticism that the right thing will happen, but I think Mavis has a point that the facts are on the players' side. I've always felt they are but have never trusted judges to see it, and even when they do (as with AP) the NFL just shelves the player anyway. Maybe Goodell's absurd capriciousness will indeed finally catch up with him.
Mavis
Footballguy
I was able to follow Wallach long ago before he became the go to source and I have a fortunate ability to have a friend who is a district judge in matters such as these and was up for a federal seat. Based off his input I said pages ago, this will be the type of thing that screws the NFL. Not that games are rigged, but that punishments are. And Kessler has been dreaming of a dead to rights case, my judge friend says this is why the NFL was desperate to get it out of the 5th circuit. They know they messed up and their only hope in prevailing is a friendly courtroom. He seem to think Zeke can win this outright the more and more this plays out and paints the NFL so terribly which is the NFLPAs goal as this is about corruption of Goodell in the end, the more they can show that even publicly, the better. The Domestic case is gone in this because of how bad the NFL jacked up its procedure. Zeke could have punched that woman in the face and it wont matter in the courts eyes. The NFL could have let anyone testify and came down with their punishment the same and nothing can be done, Goodell skirted federal law of fundamental fairness by not letting TT testify, that action alone now can cost Goodell so much and now is in deeper water than just pleasing his bosses. If Zeke prevails, you can see a civil trial that will ask for the resignation of Goodell or he will get him in a dead to rights case of defamation. This is such a messy slope for the NFL and yet they continue to go down it because Goodell knows what sits at the end of this...Resignation. The NFLPA is using Zeke to get to Goodell here, which is why I am all for it.
This case if the NFL loses in court will cost Goodell his job and much much more financially if he doesnt resign. That is the NFLPAs endgame here, shhhh.
SaintsInDome2006
Footballguy
This is what happened with the Saints players in bountygate. The league ended up quietly dropping the suspensions in order to avoid this scenario.
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Mavis
Footballguy
I have a strong feeling Zeke and the NFLPA and even Kessler now that he has the case he wanted, wont let this die. Even if the NFL dropped the case, you will see the defamation suit filed before the NFL released its memo.
NFL is balls to the wall because this is lights out for Goodell if he loses, he knows what he did and why he is trying to win at all costs. NFLPA does not need Zekes permission to go forward since he is a union member.
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Alex P Keaton
Footballguy
Thanks for everything Mavis. You are posting some really good stuff. So much appreciate it.
I hope Goodell is a) fired, b) sent to prison.
Mavis
Footballguy
No one does, and never predict what a judge will do, but if some are going to in the legal world it is fun to discuss based off those legalities since they are playing a huge part in fantasy football. lol
Mavis
Footballguy
Well, dont wanna say I told ya so, but...You even called me a troll for believing this and said I messed up the thread with my remarks. Just wanted to post this to vindicate me against those falsehoods.
ESPN's Adam Schefter reports Cowboys owner Jerry Jones is "impeding" extension talks for commissioner Roger Goodell.
Schefter didn't say anything about the Zeke Elliott situation, but it's hard to imagine that isn't playing at least some role. Schefter and ESPN's Chris Mortensen suggested Jones simply believes Goodell is being paid too much money. "If not for Jerry, this deal would be done," a source told Schefter regarding Goodell's extension. Goodell's extension was supposed to finalize last month.
Sep 17 - 10:17 AM
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Chaka
Footballguy
If you're right I will have not problem acknowledging it. We'll see how it plays out.
But perhaps you should wait until the dust settles first.
Mavis
Footballguy
My only point was Jerry could hold this up if he wanted to all by himself because he is that powerful and he is. This isnt about me being "right," more the bashing I took, but it is mostly about that there has to be no doubts about Jerruhs absolute power in this league, it is real. Roger clearly has an ego and he pushed it her with Jerry, now Jerrys player is getting suspended and now Jerry knows its through corruption, yeah, Goo0dell is done. I hope people dont dispute the reach of Jones money in politics and judges causes as well. The reason the league is GOING to lose this case is because Jerry now wants them to.Chaka said:
Jerry is going to get his pound of flesh now and it is Goodells job. I think that is pretty clear Jerry is angry and the most powerful owner is holding up your contract after you suspended his player as the courts saw, unfairly? lol Yeah, who doubts Jerrys resolve here?
Clock is ticking on Roger.
Alex P Keaton
Footballguy
Keep fighting Goodell, Jerry Jones.Mavis said:
#lockhimup
