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Josh Gordon hasn’t ruled out litigation, yet

Gordon AP

A lawyer who apparently isn’t too busy to check out PFT (and we appreciate that) has floated an intriguing theory about the out-of-the-blue decision by Browns receiver Josh Gordon to seek permission to play in the land of Labatt Blue.

Did Gordon ask to play in Canada knowing that the request would be denied, so that he in turn could bolster an effort to seek an injunction preventing the implementation of his suspension via a lawsuit challenging the suspension?

Those facts would help show what the law calls “irreparable harm,” one of the key factors that must exist for a court tell a party who wants to do something to not do it until the case has ended.  Gordon currently is caught in a vise, unable to play for the Browns and also not permitted while suspended to play for anyone else.  While that may not win the day, it’s one of those real-world facts that could cause a judge to conclude that Josh has gotten jobbed.

Of course, none of that is relevant unless and until Gordon sues.  Per a source with knowledge of the situation, Gordon’s legal team is still exploring the possibility of filing suit.

Time is running out.  Practice in advance of the Week One game at Pittsburgh begins on Wednesday.  Courts will likely be shut down until Tuesday, given the holiday weekend.  If Gordon wants to get an order allowing him to practice and play, he needs to move a lot more quickly than, say, the NFL did in resolving his appeal.

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33 Responses to “Josh Gordon hasn’t ruled out litigation, yet”
  1. warhammer420 says: Aug 29, 2014 6:36 PM

    I hope he sues and wins. #FreeJosh

  2. thestrategyexpert says: Aug 29, 2014 6:38 PM

    You could say that again, but then you would be wasting time too for no good reason.

  3. fitzhughave says: Aug 29, 2014 6:38 PM

    Sue ole roger too.

  4. fitzhughave says: Aug 29, 2014 6:39 PM

    Oh,and free josh Gordon

  5. zonedogz says: Aug 29, 2014 6:46 PM

    He better think twice about that or he may feel a lifetime ban coming aka being blackballed in the NFL.

  6. webofbelief says: Aug 29, 2014 6:49 PM

    When will the NFL (and NLFPA) finally see that they are simply drawing negative attention to themselves with these ridiculous suspensions for things that wouldn’t even be considered infractions for Olympic athletes?

    Just do nothing. No suspensions, no negative attention, no ruined careers, happy fans.

    Can anyone really say that this suspension will actually end up *helping* Gordon in any way? Probably just send him into a tailspin.

    Absurd.

  7. pjgrannan says: Aug 29, 2014 7:03 PM

    As a thirty year lawyer I thought that was the pretty obvious reason – to enhance the possible litigation stance.
    I also think the news reported by Fox Sports that NFL and NFLPA are negotiating a new drug policy which would change levels is not entirely coincidental. I suspect – although apparently not part of the current discussions – that some sort of amnesty could be rolled in for the approximately 20% (per Roger Goodell 21 out of 104) suspensions that would not have been suspensions under the new standard. If Gordon can get a TRO and hang on until then he would be fine.

    Also – question for Florio – have you considered the nuclear option. Gordon could argue that he is being prevented from performing his contract (or from earning a living) and request the court to void his current contract. This would essentially making him a free agent when his suspension expires (in the meantime he could go to Canada) and any attempt to restrict who he bargains with could be considered collusion. A real nightmare scenario for the NFL.

  8. austindudero says: Aug 29, 2014 7:06 PM

    Even though he should, he won’t sue. Here’s why. Say he does sue and is successful in acquiring a protective order allowing him to practice and play until the matter is resolved legally. When it does get resolved legally… say by mid season or even season’s end. Then what? Considering that he will very likely lose. Then his one year suspension begins in the middle of the year. He’d be out of football the rest of this year, all of next training camp and half the next year. In short, he’d lose out on most of 2 years then. Why would he do that? Unless they really, really, really have conviction that they can win, it’s a losing idea, much as I’m rooting for Josh.

    Oh yeah… Free Josh!

  9. stealthjunk says: Aug 29, 2014 7:12 PM

    I don’t know what’s going to happen, but for precisely this reason I picked him up for $1 at the end of my fantasy auction and plan to keep him until I hear he doesn’t sue.

  10. ctiggs says: Aug 29, 2014 7:19 PM

    Finish your degree at Baylor josh

  11. casualmalexlfan says: Aug 29, 2014 7:25 PM

    He also hasn’t ruled out continuing to smoking weed.

  12. macbull says: Aug 29, 2014 7:29 PM

    All of this over 1 nanogram/ml…

    Gordon’s “A” sample of urine tested 16.0 ng/ml…

    Had the NFL first tested Gordon’s urine sample labeled “B”, Gordon would have been 1.6 nanograms/ml BELOW the NFL limit of 15.0 ng/ml.

    Gordon passed 70 NFL urine tests before testing 1 ng/ml over the nfl’s limit of 15.0.

    Had Gordon been a Major League Baseball player, his 16.0 ng/ml test would have been 34 ng/ml under MLB’s limit of 50.0 ng/ml.

    Had Gordon been tested by the United States Military applying to join the United States Air Force, Marines, Navy or Army…Gordon’s 16.0 ng/ml urine test would have been under the United States Military’s urine test by 34 ng/ml..the U.S. Military’s limit is 50.0 ng/ml.

    Had Josh Gordon submitted his NFL urine sample to qualify for the U.S. Olympic team, his 16.0 ng/ml test result would have been 134.0 ng/ml under the World Anti-Doping Agency/IOC limit for marijuana, a limit of 150 ng/ml.

    Had Josh Gordon been named Ray Rice, playing for the Ravens, there is no way we would be talking about Ray Rice being suspended for a year.

    Roger Goodell’s judgement has been on display this week and IMO, there is no way this man should be in charge of the NFL. Time for the owners to do something about Roger’s lack of common sense.

  13. 4thqtrsaint says: Aug 29, 2014 7:53 PM

    He’s such a victim. Poor, mistreated, victim. *Cue the violins*

  14. maestro1899 says: Aug 29, 2014 7:53 PM

    I also don’t get the logic of letting Aldon Smith stay with the team, even though he has multiple and MUCH WORSE offenses (illegal guns, extreme DUI to the point he was passed out with his car accelerating after crashing into a tree at 6AM before practice, making threats to TSA, etc).

    Josh can’t even be around his team, nor can his team “help” him during his year-long banishment.

    #FREEJOSHGORDON

    #FIRE_ROGERTHEDODGER

  15. bobnelsonjr says: Aug 29, 2014 7:57 PM

    The Star Caps steroid masking fools spent over a million dollars in legal fees, pushed their suspensions back two seasons until they were making more money, and then got suspended. It cost them more money and everyone associates the litigating vikings with steroid masking, cheating on their weight clause in their contract, and not being big boys in control of what they put in their mouth, and losing far more money than just taking the suspension.

    It is far cheaper to serve the suspension and get it over with and not talk about it anymore. It is foolish to drag your name through the mud for many months and have it cost you many times the original suspension.

  16. gtodriver says: Aug 29, 2014 7:57 PM

    The problem isn’t the owners or Goodell – it’s the NFLPA.

    The NFLPA could make the marijuana suspension issue go away at anytime.

    All they have to do is agree to formal PED testing and the owners will gladly agree.

  17. pblack18707 says: Aug 29, 2014 7:58 PM

    Major League Baseball is 15 ng/ml the 50 ng/ml is for the screening test. same with the us Military.

  18. ilovefoolsball says: Aug 29, 2014 8:03 PM

    To the people saying “free Josh Gordon” are you the same people clamoring for a “support system” for this “troubled youth”?

    Dare I ask what would he be doing if he didn’t have the talent to make MILLIONS of $$’s?
    Where would his “support system” be?

    Give me a break.

  19. surfinbird1 says: Aug 29, 2014 8:23 PM

    From what I understand, Aldon Smith can still be around the team Facilities and coaches during his time off but Josh Gordon can’t do the same with the Browns. If in fact it’s true how can this be fair in any way. It would be beneficial for Josh to be around his club and team mates. The Browns should be knocking down Goodell’s door if this is the case but I’ve been wrong before.

  20. coachbeck says: Aug 29, 2014 10:20 PM

    He can go play and violate the contract. Browns can reclaim the bonus and then can hold his nfl rights for the length of his deal.

    What’s stopping him lol

  21. pfu2 says: Aug 29, 2014 10:47 PM

    So your saying there’s a chance…….

  22. neardeadinoh says: Aug 29, 2014 11:18 PM

    I’ve said this before but I’ll say it again. 15 ng/ml is very near, I mean extremely near the instrument/test detection limit. For those not an analyst what that means is there is a test std deviation where the it can’t be determined if the result is a real failure or just simply commen test or technician variation rather than a true positive or negative result. Why his lawyers didn’t pursue this angle I find baffling. Force them to provide the test std deviation and repeatibility & reproducibility of the test (precision & accuracy). Even GC has its limits for accuracy at very low levels.

  23. neardeadinoh says: Aug 29, 2014 11:22 PM

    And that also depends on the model of instrument itself. Some ICP’s or GC’s have greater or lesser accuracy and precision depending on how much it cost.

  24. neardeadinoh says: Aug 29, 2014 11:29 PM

    Calibration records too!

  25. 34defense2014 says: Aug 30, 2014 2:18 AM

    @gtodriver .. I agree with you it’s the NFLPA’S fault. But the dilution is not testing for PED’S. There wouldn’t be a league, I’m wonder how that creep Goodell is getting away with making rad factions toThe CBA?

  26. meeob1 says: Aug 30, 2014 5:46 AM

    I knew the facts weeks ago and said – If he is suspended he has to sue the NFL. He has to. The NFL is totally wrong on this issue. They are rubbing against society but more importantly their testing is all screwed up. and who knows – maybe even purposely contaminated test. Forget the last point – the NFL is in the wrong. I yelled for a lawsuit a long time ago. Why did it take them so long to suspned him – even months. They knew they were wrong and could not find a good way to exit. Now they are really in trouble. The whole NFL front office needs to go – NOW. I will not buy the NFL ticket this year. You should not either!

  27. ohiostatefootballsucks2014 says: Aug 30, 2014 7:37 AM

    BOYCOTT THE NFL UNTIL GOODELL IS GONE!

  28. tecmoboot says: Aug 30, 2014 10:44 AM

    “Even though he should, he won’t sue. Here’s why. Say he does sue and is successful in acquiring a protective order allowing him to practice and play until the matter is resolved legally. When it does get resolved legally… say by mid season or even season’s end. Then what? Considering that he will very likely lose. Then his one year suspension begins in the middle of the year. He’d be out of football the rest of this year, all of next training camp and half the next year. In short, he’d lose out on most of 2 years then. Why would he do that? Unless they really, really, really have conviction that they can win, it’s a losing idea, much as I’m rooting for Josh.”
    __________———–_______———
    You obviously have not ventured to look more into this matter….In the state of Ohio, both samples must show positive limits of THC, in order to count as a positive test result. And state law should and does trump any collective bargaining agreement or unionized contracts. Also, the TRO (temp restraining order) can be put into effect the same day it is presented to the judge, which will most likely be Tuesday, (the first day after a long government holiday weekend.) And the rest of the legal system WILL take until AT LEAST the end of the season to come to an end, if not maybe 1.5 to 2 years to conclude…Hence, Josh will play this year and has a good chance to win in the courtroom too and continue playing next year as well……IF he keeps his lungs clear and mind right ;)

  29. RegisHawk says: Aug 30, 2014 2:48 PM

    If Goodell, a lawyer, thought there was a chance this would go to litigation AND result in a ruling against the league, he would have settled on a compromise deal. The fact that he didn’t means he’s pretty sure he’d win the case, even if Gordon decided to pursue it.

  30. denverdude7 says: Aug 30, 2014 7:48 PM

    Gordon should follow Prater’s lead and just shut up, take the suspension, come back clean and sober and resume his career.

    Nobody forced Gordon to toke up same as nobody forced Prater to take a drink.

    Show a little personal accountability Josh.

  31. yardpenalty says: Sep 1, 2014 9:12 PM

    Maybe if Prater didnt get his games reduced to 4, Aldon Smith 9 and facility access, not to mention Rice.

  32. yardpenalty says: Sep 1, 2014 9:17 PM

    Maybe if Prater didnt get his games reduced to 4, Aldon Smith 9 and facility access, not to mention Rice. He also passed a test 3 days b4 and 3 days after

  33. yardpenalty says: Sep 1, 2014 9:22 PM

    The writing is on the wall people. The NFL trying separate themselves as far as possible from Josh so when they do change the testing policy they can’t be sued for giving him a lesser punishment than players in the past under the newest CBA. So many indicators. 1) delaying the ruling to favor Gordon’s case, full calendar year suspension in which he declined the offer to be suspended only the full season, and Aldon SMith having access to the facility and not Gordon. It’s clear to me this is far from over.

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