NFL files New York lawsuit to enforce Elliott suspension, #asexpected

AP

Cowboys running back Ezekiel Elliott tried to get a head start on the race to the courthouse because he knew the NFL had an unfair advantage. It controls the internal appeals process, it knows when an appeals ruling is issued, and it can go straight to the court of its choosing before Elliott could, like the league did two years ago in Tom Brady‘s case.

Now that Elliott has filed a lawsuit in Texas — and amid concerns that Elliott’s chosen forum may result in a win for the player — the NFL has filed its own lawsuit, on its own turf.  I’ve yet to see the paperwork, but it’s safe to say the NFL contends that New York is the proper jurisdiction for the dispute, that Elliott started the process prematurely, and that the judge in New York should take control of the case from the judge in Texas.

When the league filed the first lawsuit in the Tom Brady case two years ago, it was a bang-bang move that consisted of announcing the ruling on his internal appeal and starting the legal process aimed at defending the ruling. Although the league lost before Judge Richard Berman, the NFL won a 2-1 ruling at the appeals level that created precedent that the league will now try to use against Elliott.

And so the legal maneuverings now span half of the country, with two different courts involved and both courts undoubtedly expected to issue quick rulings aimed at providing some semblance of order to a quickly-convoluted case. Expect clarity sooner than later.

58 responses to “NFL files New York lawsuit to enforce Elliott suspension, #asexpected

  1. I certainly don’t know all the facts, but I’m going to guess that the court will uphold the arbitrators decision as long as he followed the NFL’s policies & procedures. They usually stick to precedent, which hear means the Brady case ruling. But you never know.

  2. At this point, I am about to give up on the NFL. I’ve spent most of my life as a fan, but this is getting ridiculous.

  3. I can’t help but shake my head at the fact that the underlying concern of the NFL is to protect the brand, and be so blind to see that their actions do more to tarnish public opinion of the shield than anything Elliott has or has not done off the field.
    I also don’t understand why they are fighting this so much when you know the NFLPA is going to demand change under the new CBA.

  4. I would whack them both if I were the judge. Taxpayers shouldn’t have to pay for this crap over and over. There’s people with real life problems.

  5. What an incredible waste of Court resources and our tax dollars. There has to be a better way then this. Maybe the next CBA will include a ‘court’ of their own, paid for by both the Owner’s and the players. What a joke on “We the People”.

  6. Ok, so why would the judge in New York want to take over from the judge in Texas ? Oh, because Elliott’s team jumped the gun before the final ruling from Henderson. Yet, given the circumstances in which Henderson made to Elliott, no testimony from the victim, denial of availability of the investigative reports. Basically, Elliott had no chance of winning his appeal. Keep in Texas.

  7. The “NFL case” against Elliott is based on two issues. The NFL could not find any alternative circumstance whereby Ms. Thompson got her bruises other than by Elliott. The NFL finds Elliot engaged in a pattern of behavior (e.g. publicly exposing a woman’s breast) that violated the NFL’s personal conduct policy.

    The issue of publicly exposing a woman’s breast during St. Patrick’s day occurred when Elliott “the NFL employee” was “off the clock”. He was not arrested and the woman filed no charges. Where is the foul and harm if the woman sees none and the police see none? This is a PR issue, period!

    The “how did the bruises arise if not from Elliott” conclusion makes sense UNTIL you understand the following facts submitted by Elliot’s defense team: “… both the Columbus Prosecutor’s office as well as the NFL investigators expressly concluded and conveyed to our office (and others) that the accuser was lying about an alleged July 22, 2016 incident whereby she accused Mr. Elliott of pulling her out of her car and assaulting her. An allegation that was ultimately undermined by her own friend’s affidavit which stated that no such assault occurred. The affidavit also outlined the accuser’s plan to orchestrate a story to police to in order to corroborate her false allegation of assault. In addition, the NFL’s own medical experts concluded that many of her injuries predated the week in question and likely occurred during a period of time when Mr. Elliott was not in contact with the accuser.”

    The NFL has made an egregious mistake and I am confident the courts will reach the same conclusion.

  8. I hope the courts tell the NFL to stop wasting their time

    Once again the NFL will be made to look bad

    @holes if they win, and idiots if they lose

  9. Elliot is screwed, he won’t play the first month and half of the season. Where is this good news that Jerry Jones promised Cowboys fans??? Given the Cowboys horrible defense that is even worse with their top pass rushers suspended which is a problem considering their pass rush wasn’t any good to start with, pair a front 7 that can’t rush the passer with a bad secondary that isn’t any good at this point in time with multiple rookies starting/below average CBs/Safeties & you have the recipe for disaster. Given Dallas starts the season out against 3 contenders with 3 of the best defenses in the NFL in the NYG, Denver and then @ the ARI Cardinals on MNF I think they are starting the season out at 0-3 this year without Zeke.

  10. Hate saying this but it’s true: The NFL is smearing a innocent black man to avoid having to deal with the fallout from the SJW crowd. There is a reason the police didn’t take any action regarding the accusation, there is a reason the NFL investigator recommend no suspension. She wasn’t creditable at all, rather than deal with the facts of the case, Goodell once again decided to determine guilt and ignore evidence.

  11. This is out of hand. Had they suspended Zeke at the beginning of the summer, this could have been over and done with. But since they chose to rule a week and a half before the season starts, this is turning into a stupid tag you’re it game.

  12. Watching NFL Network last night, I heard Rich Eisen say that for the past three years, the NFL has kicked off the season embroiled in legal issues; Im paraphrasing. True. He then suggested that it requires a law degree to interpret the current legal entanglements. Also true. These legal matters/power plays by Goodell and company overshadow the game. The situation with Elliott has been ongoing for 14 months. Former commissioner Paul Tagliabue was by education an attorney. Prior to Tagliabue the commissioner was Pete Rozelle whose training was in public relations. The decision making – both the processes and outcomes-were rarely as controversial as Goodells. Perhaps the NFL would benefit from a commissioner who is trained in law and PR so that the season is focused on the games and not legal matters.

  13. This BS is a waste of the courts time and money. The players union has become a conduit for protecting players against bad deeds. The leagues unlike the court system is ruled by the owners and a CBA. No rights were violated here. Ezekel Elliot and his attorney’s don’t agree with a decision that doesn’t need 12 jurors to buy in. Any of us who work for a private entity face the same scrutiny but most except the consequences of their actions. If this case is heard in NY then the league will win and its game over for Elliot. The man should learn a lesson and start conducting himself in a professional manner and properly represent the NFL off the field.

  14. My company has a set of ‘core values’ that they set, if they don’t think your following them, you get let go. How is the NFL any different? You knocked out a DJ, then a second case of physical abuse you are accused of, this time on a woman. At some point, he is the problem and its not ‘poor ezekiel cant catch a break’. The players represent the NFL, and if they are committing these crimes or if they are putting themselves in poor positions to be accused then they make the NFL look bad- so the NFL has every right to punish them. If you appeal and lose, you should get ur suspension doubled so that every moron criminal doesnt appeal. (and i wouldnt mine seeing cowboys win it all, nothing against them at all).

  15. The league has a strict conduct policy not unlike many companies do. Just because you are a big time athlete doesn’t mean rules don’t apply to you. And just because you are a Cowboy (this parts for you, Jerry) doesn’t mean the rules are different for you than the rest of the NFL players. Ultimately none of this will matter in the end. I highly doubt he will be able to stay out of trouble. He will either be suspended for this or something else down the line.

  16. So, when the NFL PA files a lawsuit in Texas (where they expect a ruling in favor of a Dallas Cowboy) or in Minnesota (where they expect a ruling in favor of the NFL PA over the NFL), it’s ok; but if the NFL files in New Year, it’s a mortal sin? Got it.

  17. So, when the NFL PA files a lawsuit in Texas (where they expect a ruling in favor of a Dallas Cowboy) or in Minnesota (where they expect a ruling in favor of the NFL PA over the NFL), it’s ok; but if the NFL files in New York, it’s a mortal sin? Got it.

  18. Footballfanz says:
    September 6, 2017 at 7:45 am
    My company has a set of ‘core values’ that they set, if they don’t think your following them, you get let go. How is the NFL any different? You knocked out a DJ, then a second case of physical abuse you are accused of, this time on a woman. At some point, he is the problem and its not ‘poor ezekiel cant catch a break’. The players represent the NFL, and if they are committing these crimes or if they are putting themselves in poor positions to be accused then they make the NFL look bad- so the NFL has every right to punish them. If you appeal and lose, you should get ur suspension doubled so that every moron criminal doesnt appeal. (and i wouldnt mine seeing cowboys win it all, nothing against them at all).
    ——-

    No matter what company you work for ” core values ” or not you can still sue them if being treated unfairly. You can feel how you like for Zeke, but with the evidence that is out there, no way you can say he abused the women. You can hate the cowboys and be happy and grateful he is suspended, that says more about you than it does about Zeke.

  19. I think the more applicable belief is “You can sue them if you’ve got the money to burn.” I don’t expect much to come of this other than lawyers getting paid. You can act like he’s some paragon of justice (despite all his actions to the contrary), but the courts aren’t going to waste time on vox populi.

  20. As a Giants fan, I couldn’t be surprised any less that Zeke gets to play on Sunday. This gives the NFL the ratings bonanza that they wanted in the first place. Don’t be surprised if this get dragged out until the cowboys are out of contention and then a reduced suspension will kick in.

  21. Elliot is fighting the CBA his NFLPA negotiated. That’s about all you need to know. And it hardly takes a law degree to figure things out: standing may be denied Elliott because he did jump the gun – meaning, he filed before his relief determination under the administrative procedures of the CBA was not complete. You see this time and time again in courts. He has lousy lawyers.

  22. Every disciplinary matter that the league handles in house is a clusterfudge. Goodell is so obsessed with establishing his dictatorial authority that he can’t see how he’s alienating fans and making a strike a near certainty. He sure doesn’t care about the spectacularly incompetent way his hand-picked people deal with these cases.

    For crying out loud, just have all discipline cases handled by decision-makers agreed upon by both the NFL and NFLPA and we won’t have to go through this mess over and over. If Goodell can’t figure that out, maybe the owners will, now that yet another owner is feeling what it’s like to get the procedural shaft from the Park Avenue Keystone Kops.

  23. dschminck says:

    The NFL could not find any alternative circumstance whereby Ms. Thompson got her bruises other than by Elliott.
    ====================================================================

    That would mean they did not read her text messages to her friend when she said it happened in a bar fight and she wanted to pin it on Elliot, nor did they read the sworn affidavit from that friend confirming it.

  24. I’m one who looks at the situation from the get go beleiving a( NFL aint suspending anyone 6 games without proof. This is the the he said she said scenario Eliots team is trying to pertray. There is substance there and a lot of it. If I’m correct the abitor, Jerrys friend or not, has no choice but side with the NFL.
    Today he did. No judge in Texas or New York or wherever will over rule an agreed upon contract that states the Arbitors decisions are binding and legal.
    What would the judge base his reversal on? Ya the boy is sitting the 6 and hopefully learns a painful lesson.

  25. dschminck says:
    September 6, 2017 at 12:33 am
    The “NFL case” against Elliott is based on two issues. The NFL could not find any alternative circumstance whereby Ms. Thompson got her bruises other than by Elliott.

    Hmmm, sounds somewhat familiar. Eschewing science as it would have explained psi in cold weather the NFL finds facts after the conclusion. In the psi debacle the victim was not availed the retort of racial discrimination and was forced to stand at the drumhead with no defense save for the truth and over 300 years of proven science. Fat lot of good that did him.

    You were informed thusly.

  26. nard100 says:
    September 6, 2017 at 9:09 am
    As a Giants fan, I couldn’t be surprised any less that Zeke gets to play on Sunday. This gives the NFL the ratings bonanza that they wanted in the first place. Don’t be surprised if this get dragged out until the cowboys are out of contention and then a reduced suspension will kick in.
    ——————————————————————————————

    The NFL knew the Giants kicker had multiple domestic violence incidents and gave him only one game. Don’t try and make this like things are biased against the Giants.

  27. jshawaii22 says:
    September 6, 2017 at 12:17 am
    What an incredible waste of Court resources and our tax dollars. There has to be a better way then this. Maybe the next CBA will include a ‘court’ of their own, paid for by both the Owner’s and the players. What a joke on “We the People”.

    *************************************************
    I’m sorry, what exactly is it that you think the courts are here for? I’m not a lawyer or a judge, but its my understanding that the court is here for setting disputes parties who cannot come to a mutual agreement on their own. It happens every day…people sue each other, divorces are granted…etc.

    So, please tell us all what the court is supposed to be doing, if not attempting to settle this dispute?

  28. Players, their lawyers & the NFLPA all try to give themselves rights they don’t have. If they don’t want the league to have the authority, ghey shouldn’t agree to it in the CBA. But, the owners will never give it up. So, if the players want to continue to make 6 & 7 figure incomes, they need to only do 1 thing…not break the law. Pretty simple, and fair, if you ask me.

  29. The players gave the NFL and Roger the right to discipline based on personal conduct code. He does not need the same burden of proof a court of law does. So why is it every time a suspension comes that players do not like, they sue. Before anyone pulls the race card just remember Ben Rothelisberger was suspended for basically the same thing.

  30. I’ve seen this show before. Spoiler alert: 31 Billionaires trump one billionaire. Zeke loses. NFL once again shows it’s not about right or wrong but about the power to enforce it’s will on the players.

  31. More league sympathizers.

    FYI: Article 46 doesn’t give Roger Goodell carte blanche to lie, cheat, and steal.

    It’s too bad that the owners lack the mental fortitude and integrity to uphold their own bylaws and employ a commissioner that has unquestioned integrity.

  32. September 6, 2017 at 7:45 am
    My company has a set of ‘core values’ that they set, if they don’t think your following them, you get let go. How is the NFL any different? You knocked out a DJ, then a second case of physical abuse you are accused of, this time on a woman. At some point, he is the problem and its not ‘poor ezekiel cant catch a break’. The players represent the NFL, and if they are committing these crimes or if they are putting themselves in poor positions to be accused then they make the NFL look bad- so the NFL has every right to punish them. If you appeal and lose, you should get ur suspension doubled so that every moron criminal doesnt appeal. (and i wouldnt mine seeing cowboys win it all, nothing against them at all).
    =======================
    It’s different in one key way … your innocent until proven guilty and is determined by the law of the land instead of an invisible romper room mirror.

  33. upnorthvikesfan says:
    September 6, 2017 at 7:56 am
    The league has a strict conduct policy not unlike many companies do. Just because you are a big time athlete doesn’t mean rules don’t apply to you. And just because you are a Cowboy (this parts for you, Jerry) doesn’t mean the rules are different for you than the rest of the NFL players. Ultimately none of this will matter in the end. I highly doubt he will be able to stay out of trouble. He will either be suspended for this or something else down the line.
    ================================
    Anybody who thinks any company will fire an employee due to a criminal offense without a trial is kidding themselves.

    It’s not about following the rules. It’s about proving he broke the rules.

  34. Goodell’s policies are a rigged farce. He has been caught fabricating evidence, suppressing evidence, lying, and using paid stoolies in the media to disseminate the lies. Gotta go simple as that.

  35. RegisHawk says:
    September 6, 2017 at 8:18 am
    So, when the NFL PA files a lawsuit in Texas (where they expect a ruling in favor of a Dallas Cowboy) or in Minnesota (where they expect a ruling in favor of the NFL PA over the NFL), it’s ok; but if the NFL files in New Year, it’s a mortal sin? Got it.
    =============================
    Wrong. It’s about the opportunity for both sides to be able to file wherever they want. The appeal process is governed by the NFL. Which puts them in a position to file where they chose before giving the other party an equal opportunity to do so. So no, you don’t “got it”.

  36. cotroutslayer says:
    September 6, 2017 at 10:27 am
    Let us ALL not forget that it was the NFLPA that gave the NFL League Office the power they are using in all of these cases.
    ===================
    Let us ALL not forget that the NFLPA gave that same power to both Tagliabue AND Rozelle. The weapon isn’t the problem. It’s who is holding it.

  37. Which puts them in a position to file where they chose before giving the other party an equal opportunity to do so.

    Like when Zeke’s posse filed their request before a judgment had even been handed down? Got it.

  38. coachjl1978 says:
    September 6, 2017 at 10:27 am

    The players gave the NFL and Roger the right to discipline based on personal conduct code. He does not need the same burden of proof a court of law does.
    ————————-

    Then why do they waste a year investigating these matters? Why was Josh Brown only given a 1-game suspension? Why does the NFL rush to the courthouse to file a motion to uphold their decision?

    These lawsuits are a recent phenomenon, brought about by corruption and incompetence in the league office.

    When you have a certified Giants fans recommend a 1-game suspension for admitted abuser Josh Brown, and then recommend a 6-game suspension for Ezekial Elliott, a recommendation based upon the flimsiest of evidence, some of which was even suppressed, then there is a severe problem in the league office.

  39. Why does the NFL rush to the courthouse to file a motion to uphold their decision?

    Because they got tired of the NFL PA doing it to them for so long. Every time there was litigation needed, the union filed the suit in Minnesota, because they knew Doty would rule in their favor. You just don’t like that the League is using the same tactic.

  40. RegisHawk says:
    September 6, 2017 at 12:53 pm

    Why does the NFL rush to the courthouse to file a motion to uphold their decision?

    Because they got tired of the NFL PA doing it to them for so long. Every time there was litigation needed, the union filed the suit in Minnesota, because they knew Doty would rule in their favor. You just don’t like that the League is using the same tactic.
    ———————-

    Berman ruled in favor of the NFLPA, so what’s the difference?

    Why blame it on the players or the union, when it is the fault of the league office? These things only go to Federal court when it is obvious that the league office has completely overstepped the CBA.

  41. The difference is you don’t seem to think there’s any bias when the union gets Doty to side with them, but you do now. That’s like saying you found a way to cheat on your taxes and you get made when your neighbor brags about doing it.

  42. RegisHawk says:
    September 6, 2017 at 1:27 pm

    The difference is you don’t seem to think there’s any bias when the union gets Doty to side with them, but you do now. That’s like saying you found a way to cheat on your taxes and you get made when your neighbor brags about doing it.
    —————————

    Judges issue their decisions based upon the merits of the case, and so far, Goodell is 0fer, regardless of the venue. It’s obvious why they didn’t want Brady’s case tried in Minnesota, because the judge up there found Goodell to be an idiot, and rightly so.

    Regardless, I don’t care where any of this takes place, because it is all just a complete farce. But if the league is counting on have those two same judges they bought off last time, then they are foolish.

  43. So your definition of merit is “Goodell is an idiot” which justifies the NFL PA filing where they know the judge will favor them, regardless of the fact that the incident they may be suing over took place several thousand miles away from there. But if the League tries to do that, then they’re a complete farce. Got it.

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