NFL’s lawsuit makes no reference to Elliott’s lawsuit

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I’ve now had a chance to review the complaint filed by the NFL in a New York federal court regarding the Ezekiel Elliott suspension. Unlike most legal documents, it took only a few minutes to read it.

The four-page filing sets forth a basic, bare-bones recitation of the key facts and summary of the authority the Commissioner possesses to suspend players for conduct “detrimental to the integrity of, or public confidence in, the game of professional football.” The lawsuit, which seeks confirmation of arbitrator Harold Henderson’s appeal ruling upholding Elliott’s six-game suspension, doesn’t even mention the lawsuit filed last week by Elliott in Texas.

It’s a curious omission, but it likely won’t last long. Surely, the NFL will be making a prompt effort to consolidate the two cases and, ideally for the league, get the case out of Texas and moved to New York.

The NFL objected to Elliott’s lawsuit by claiming that it was premature, since he filed it before the ruling was issued on Elliott’s appeal. The decision to file a lawsuit in New York confirms that the league believes Texas is the wrong place for the case — primarily because the league believes New York is the right place. Because the NFL knows it has a better chance of winning there.

17 responses to “NFL’s lawsuit makes no reference to Elliott’s lawsuit

  1. At what point can Elliott sue for defamation? the NFL has come out and said that he was guilty of domestic violence. nobody in a court of law has proven that he has, and the NFL is no court of law. i get that the NFL can suspend him for anything under conduct detrimental blah blah blah, but coming out and saying he did something when they cant prove it is wrong.

  2. @nxtinline: As I understand it, a defamation case against the league would be difficult to establish. To prove defamation, you’d have to prove that the league knew Elliott was innocent, yet chose to make the accusation and suspend him anyway. As it stands, the league could easily just respond (as they already have), “We found Tiffany Thompson to be a more credible witness than Ezekiel Elliot.” Case closed.

    Therefore, at the moment, the only defamation suit that Elliot might have would be against Thompson herself for making the accusation in the first place. He’d have to dig up some pretty powerful evidence that the league was conducting a witch hunt to make a defamation case against the league stick.

  3. I had the same question. He wasn’t convicted in a court of law but because of this suspension the NFL is basically labeling Elliott an abuser.

    I don’t know if he did or didn’t do something but i do wonder if there is a slander suit there.

  4. Listen for the phrase ” Sanctity of the collective bargaining agreement”
    The two parties, Union and NFL have already agreed in their contract that the Commissioner has final say in discipline.
    The court will not violate years of legal presedent. They would flood the courts with cases from unions all over the country. Not happening. Bring it up in your next contract. Have a nice day.

  5. The league is keeping this kind of treatment going in order to use it as a big chip in the upcoming CBA. The more of an issue this is, the more the NFLPA will give up to smooth or remove it…

  6. I actually don’t care that Goodell decides the punishment. i think the biggest need is a truly independent arbitrator. that way Goodell can be tough and if it does get reduced or overturned in appeal the NFl can say ” yeah we tried but they thought otherwise. With henderson just baasically rubber stamping it, it kind of has that bad smell

  7. jbacher35 says:
    September 6, 2017 at 12:03 pm

    I actually don’t care that Goodell decides the punishment. i think the biggest need is a truly independent arbitrator. that way Goodell can be tough and if it does get reduced or overturned in appeal the NFl can say ” yeah we tried but they thought otherwise. With henderson just baasically rubber stamping it, it kind of has that bad smell
    ————————–

    What they need is a completely independent and unbiased league office. When the league office is littered with former Jets employees and Giants superfans, you are going to get what we have seen for the last 11 years since Goodell took over.

  8. Players hate being held accountable for bad behavior & everyone else on their side just wants to make money off it. The fans…well their a predictable bunch. If you like the team, you’re against it. If you hate the team, you’re for it. Ultimately, the Law is defined by the CBA. Zeke & the Boys all know they will lose, it’s just a question of how long they delay it (since they aren’t any good and need all the help they can get from the local Jerry Jones friendly courts).

  9. pj1983a says:
    September 6, 2017 at 11:26 am

    @nxtinline: As I understand it, a defamation case against the league would be difficult to establish. To prove defamation, you’d have to prove that the league knew Elliott was innocent, yet chose to make the accusation and suspend him anyway. As it stands, the league could easily just respond (as they already have), “We found Tiffany Thompson to be a more credible witness than Ezekiel Elliot.” Case closed.
    ————————-

    The league’s own lead investigator found Tiffany Thompson to not be credible, just as the Columbus police had, and that information was suppressed and/or disregarded. The only person that found her to be credible was a Giants superfan, who was the same person that recommended that confirmed abuser Josh Brown only get a 1-game suspension, which was a direct conflict of the mandatory minimum 6-game suspension for first time abusers that was put in place after the Ray Rice debacle.

  10. arcross12042004scorp15 says:
    September 6, 2017 at 11:49 am

    Listen for the phrase ” Sanctity of the collective bargaining agreement”
    The two parties, Union and NFL have already agreed in their contract that the Commissioner has final say in discipline.
    The court will not violate years of legal presedent. They would flood the courts with cases from unions all over the country. Not happening. Bring it up in your next contract. Have a nice day.
    ——————–

    Every Federal judge has ruled against the NFL, except for those two highly suspect Federal Appeals Court judges, so this notion that Article 46 trumps Federal labor law is completely wrong.

    Every Federal judge, except for those two highly suspect Federal Appeals Court judges, has also impugned the integrity of Roger Goodell. One even called him out for being a liar, which we all know to be true.

  11. Zeke’s attorneys should have had an amended petition ready to be filed in Texas immediately following the release of the arbitrator’s opinion which would keep the case in Texas and would have beat the NFL’s filing in New York.

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