Memento
Your (Somewhat) Friendly Neighborhood Authoress.
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- Jemma
Ezekiel Elliott suspension on again and off again and on again and off again and finally over
- Thread starter Legatron4
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Memento
Your (Somewhat) Friendly Neighborhood Authoress.
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- Jemma
Fair enough. Like I said, I have a special hate in my heart for the people who hurt the helpless.
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- Peter
http://profootballtalk.nbcsports.com/2017/09/08/the-reasons-for-ezekiel-elliotts-victory/
The reasons for Ezekiel Elliott’s victory
Posted by Mike Florio on September 8, 2017
In an effort to block the Ezekiel Elliott suspension, Elliott and the NFLPA threw plenty of arguments at the judicial dart board. Ultimately, multiple needles stuck at or near the bull’s-eye.
Based on the 22-page ruling from Judge Amos L. Mazzant III, here are the facts that drove the decision that Elliott did not receive a fundamentally fair hearing throughout the league’s internal disciplinary and appeal process.
First, Judge Mazzant concluded that the concerns regarding the credibility of Tiffany Thompson demanded an opportunity by Elliott’s lawyers to cross-examine Thompson at the appeal hearing. Arbitrator Harold Henderson’s refusal to order the league to make Thompson available robbed the process of fundamental fairness to Elliott, in Judge Mazzant’s opinion.
Second, Judge Mazzant concluded that the confusion regarding the handling (and alleged concealment by the NFL) of the opinions and conclusions of NFL Director of Investigations Kia Roberts required Commissioner Roger Goodell to testify at the appeal hearing. Henderson’s refusal to compel Goodell’s attendance and testimony kept the process from being fundamentally fair to Elliott.
Third, Judge Mazzant believes Henderson should have ordered the NFL to produce the notes taken during the various interviews of Tiffany Thompson.
Finally, Judge Mazzant explains that it was the one thing Henderson required the league to do — produce Kia Roberts to testify — that set the stage for Elliott’s ability to prove his case. Here’s the key text from the opinion:
“Consistent with its previous actions to suppress Roberts’s dissenting opinions, the NFL kept this sequence of events from the NFLPA and Elliott until the arbitration hearing. In fact, had the NFL succeeded in its overall goal, this sequence of events would still be concealed from Elliott and the NFLPA.
The NFLPA filed a motion to compel the testimony of Roberts, and the NFL argued in response that her testimony was unnecessary, consistent with Friel’s testimony, and cumulative. . . .
Luckily, the NFLPA found the fairness needle in the unfairness haystack and Henderson ordered Roberts to testify. The arbitration record shows that Roberts’s testimony was everything but unnecessary, consistent, and cumulative.”
These factors all led to a very strong conclusion from Judge Mazzant regarding Elliott’s likelihood of winning the case when a final ruling is issued: “The circumstances of this case are unmatched by any case this Court has seen. . . . Fundamental unfairness infected this case from the beginning, eventually killing any possibility that justice would be served.”
It is, without question, a home run for Elliott and the NFLPA. A federal judge has concluded, as Elliott alleged and many agreed, that the process lacks basic fairness to the player. While many like to claim that the NFLPA agreed to these procedures, the union did not agree to the implementation of these procedures in an unfair way.
That’s why the availability of the court system becomes critical to the ultimate effort to secure for the players a degree of fairness that the league is clearly not committed to providing.
The reasons for Ezekiel Elliott’s victory
Posted by Mike Florio on September 8, 2017
In an effort to block the Ezekiel Elliott suspension, Elliott and the NFLPA threw plenty of arguments at the judicial dart board. Ultimately, multiple needles stuck at or near the bull’s-eye.
Based on the 22-page ruling from Judge Amos L. Mazzant III, here are the facts that drove the decision that Elliott did not receive a fundamentally fair hearing throughout the league’s internal disciplinary and appeal process.
First, Judge Mazzant concluded that the concerns regarding the credibility of Tiffany Thompson demanded an opportunity by Elliott’s lawyers to cross-examine Thompson at the appeal hearing. Arbitrator Harold Henderson’s refusal to order the league to make Thompson available robbed the process of fundamental fairness to Elliott, in Judge Mazzant’s opinion.
Second, Judge Mazzant concluded that the confusion regarding the handling (and alleged concealment by the NFL) of the opinions and conclusions of NFL Director of Investigations Kia Roberts required Commissioner Roger Goodell to testify at the appeal hearing. Henderson’s refusal to compel Goodell’s attendance and testimony kept the process from being fundamentally fair to Elliott.
Third, Judge Mazzant believes Henderson should have ordered the NFL to produce the notes taken during the various interviews of Tiffany Thompson.
Finally, Judge Mazzant explains that it was the one thing Henderson required the league to do — produce Kia Roberts to testify — that set the stage for Elliott’s ability to prove his case. Here’s the key text from the opinion:
“Consistent with its previous actions to suppress Roberts’s dissenting opinions, the NFL kept this sequence of events from the NFLPA and Elliott until the arbitration hearing. In fact, had the NFL succeeded in its overall goal, this sequence of events would still be concealed from Elliott and the NFLPA.
The NFLPA filed a motion to compel the testimony of Roberts, and the NFL argued in response that her testimony was unnecessary, consistent with Friel’s testimony, and cumulative. . . .
Luckily, the NFLPA found the fairness needle in the unfairness haystack and Henderson ordered Roberts to testify. The arbitration record shows that Roberts’s testimony was everything but unnecessary, consistent, and cumulative.”
These factors all led to a very strong conclusion from Judge Mazzant regarding Elliott’s likelihood of winning the case when a final ruling is issued: “The circumstances of this case are unmatched by any case this Court has seen. . . . Fundamental unfairness infected this case from the beginning, eventually killing any possibility that justice would be served.”
It is, without question, a home run for Elliott and the NFLPA. A federal judge has concluded, as Elliott alleged and many agreed, that the process lacks basic fairness to the player. While many like to claim that the NFLPA agreed to these procedures, the union did not agree to the implementation of these procedures in an unfair way.
That’s why the availability of the court system becomes critical to the ultimate effort to secure for the players a degree of fairness that the league is clearly not committed to providing.
Rynie
Cowboys rudeboy.
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I read up on a lot of the evidence, and I think Zeke laid hands on the girl. She's shady as hell, though.
fearsomefour
Legend
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So the dirtbag court system came down on the side of the dirtbag player and against the dirtbag chick and the dirt bag commissioner?
Got it.
Thank god I drafted McFadden as a bridge gap.
Got it.
Thank god I drafted McFadden as a bridge gap.
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- Peter
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http://profootballtalk.nbcsports.com/2017/09/18/motion-to-stay-ezekiel-elliott-injunction-denied/
NFL’s motion to stay Ezekiel Elliott injunction denied
Posted by Josh Alper on September 18, 2017
AP
The NFL filed a motion to stay the preliminary injunction of Cowboys running back Ezekiel Elliott‘s six-game suspension with United States District Court Judge Amos L. Mazzant last week and Mazzant issued his ruling on Monday.
Mazzant denied the NFL’s motion, which means that the injunction remains in place and that Elliott is free to play barring an order reinstating the suspension from the Fifth Circuit Court of Appeals. The NFL has filed such a motion, something Mazzant noted in the decision handed down on Monday.
“In its Emergency Motion in front of the Court, the NFL is complaining that the Court essentially issued a premature order by failing to wait for the arbitrator to issue his ruling and therefore, lacked subject matter jurisdiction. Oddly, the NFL is now seeking expedited relief from the Fifth Circuit without first waiting for the Court to rule on the identical issue. The irony is not lost on the Court.”
Mazzant’s ruling also takes issue with the NFL’s argument that Elliott would not suffer irreparable harm if the suspension went into effect because he would recover any lost money if later court rulings found the suspension should be permanently enjoined. Mazzant writes that “it is well-recognized that Elliott will suffer injury if he has to serve an improper suspension while awaiting the resolution of the petition to vacate” and that the league has not shown any harm that will be done to it if the suspension is on hold while the legal process plays out.
NFL’s motion to stay Ezekiel Elliott injunction denied
Posted by Josh Alper on September 18, 2017
AP
The NFL filed a motion to stay the preliminary injunction of Cowboys running back Ezekiel Elliott‘s six-game suspension with United States District Court Judge Amos L. Mazzant last week and Mazzant issued his ruling on Monday.
Mazzant denied the NFL’s motion, which means that the injunction remains in place and that Elliott is free to play barring an order reinstating the suspension from the Fifth Circuit Court of Appeals. The NFL has filed such a motion, something Mazzant noted in the decision handed down on Monday.
“In its Emergency Motion in front of the Court, the NFL is complaining that the Court essentially issued a premature order by failing to wait for the arbitrator to issue his ruling and therefore, lacked subject matter jurisdiction. Oddly, the NFL is now seeking expedited relief from the Fifth Circuit without first waiting for the Court to rule on the identical issue. The irony is not lost on the Court.”
Mazzant’s ruling also takes issue with the NFL’s argument that Elliott would not suffer irreparable harm if the suspension went into effect because he would recover any lost money if later court rulings found the suspension should be permanently enjoined. Mazzant writes that “it is well-recognized that Elliott will suffer injury if he has to serve an improper suspension while awaiting the resolution of the petition to vacate” and that the league has not shown any harm that will be done to it if the suspension is on hold while the legal process plays out.
As an aside, I tried using that in Scrabble, it is (technically) not a word.
But it should be.
Carry on
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http://www.espn.com/nfl/story/_/id/...nfl-6-game-suspension-cowboys-ezekiel-elliott
https://www.yahoo.com/sports/ruling...goodell-can-suspend-cowboys-rb-204833263.html
Only question now is... how fast will Goddell suspend him?
https://www.yahoo.com/sports/ruling...goodell-can-suspend-cowboys-rb-204833263.html
Only question now is... how fast will Goddell suspend him?
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Could be immediate... either way, it's looking like they're down to a Hail Mary pass... the DAL season is starting to look very challenging.
RedRam
Pro Bowler
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TSN is reporting...
FRISCO, Texas — A federal appeals court cleared the way for the NFL to impose a six-game suspension on Dallas Cowboys star Ezekiel Elliott over domestic violence allegations on Thursday, siding with the league in the latest high-profile fight over its ability to punish players for off-field behaviour.
There's more but I can't get a link out of the TSN app...
Here we go...
http://www.tsn.ca/1.883085
FRISCO, Texas — A federal appeals court cleared the way for the NFL to impose a six-game suspension on Dallas Cowboys star Ezekiel Elliott over domestic violence allegations on Thursday, siding with the league in the latest high-profile fight over its ability to punish players for off-field behaviour.
There's more but I can't get a link out of the TSN app...
Here we go...
http://www.tsn.ca/1.883085
Last edited:
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A lot of people, myself Chief among them, figured the CowPie's would revert back to there standard 8-8 self this year! They may not make that!:mrburnsevil:
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Yeah, they're saying that on local radio now... they see more of an 8-8 team... and figure Jerruh woould ax Garrett if that happens.
Love watching this franchise struggle
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I just checked NFLN, and all they are showing, right now, on there "Ticker-Tape" is that Zeke's 6 game suspension has been "reinstated "!!
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At this point I'd rather they wait until next season. Anything that sets the cowgurlz back to start the season. 
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I don't know which Team I hate most, The CowPie's or the 49ers, But there Pain, makes me want to Dance!!Yeah, they're saying that on local radio now... they see more of an 8-8 team... and figure Jerruh woould ax Garrett if that happens.
Love watching this franchise struggle
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It would have been so much better if it were reinstated right before the playoffs, although dallas wont be going anyways. So what the hell he may as well take the next 6 weeks off, to kinda prepare for that long off-season.