Elliott appeals court hearing ends, no ruling issued

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The NFL thought that a hearing from the bench during Monday’s hearing before the U.S. Court of Appeals hearing in the Ezekiel Elliott case was possible. It didn’t ultimately happen that.

Via Kate Hairopoulos of the Dallas Morning News, the hearing in New Orleans concluded without a decision being issued.

Elliott did not attend the proceedings before a three-judge panel, which featured “a lot of questions,” particularly from Judge Jennifer Welker Elrod. The judge seemed to be particularly focused on the issue of subject-matter jurisdiction; the NFL claims that, because Elliott filed his lawsuit in Texas federal court before the ruling on his internal appeal was issued, jurisdiction does not exist and cannot exist in the Texas federal court that has blocked the NFL from suspending him while the lawsuit proceeds.

Judge Elrod also asked why Elliott and the NFL Players Association didn’t simply wait to file the case in Texas until after the ruling on the internal appeal was announced. Although the answer provided to that question wasn’t mentioned, here’s what I would have said: (1) because the NFL controls the process, the NFL knows when the ruling will be announced, and the NFL can always run to the court of its choosing, filing its own lawsuit before the player ever has a chance to do so, like it did in the Brady case; and (2) the process and the result in Elliott’s case proved that waiting for a ruling was indeed futile, making it proper to file the lawsuit before the internal appeal was final.

It’s unclear when the external appeal will be final. The ruling, when it comes, will potentially spark another skirmish that will require further lawyering. Regardless, it’s clear that the league is determined to keep Elliott from playing — even if it plans in the interim to herald his in-game accomplishments on Twitter.

18 responses to “Elliott appeals court hearing ends, no ruling issued

  1. He is going to fight, and most likely lose. if it takes a few more weeks the suspension will lead into the playoffs. What will the NFL do? Make him sit during the playoffs? Every Cowboy fan in the world will be standing on their head screaming that the NFL screwed the Cowboys.If he would have just taken the suspension, it would have been over after week 6, and fresh heading into the playoffs…

  2. “Although the answer provided to that question wasn’t mentioned, here’s what I would have said: (1) because the NFL controls the process, the NFL knows when the ruling will be announced, and the NFL can always run to the court of its choosing, filing its own lawsuit before the player ever has a chance to do so, like it did in the Brady case; and (2) the process and the result in Elliott’s case proved that waiting for a ruling was indeed futile, making it proper to file the lawsuit before the internal appeal was final.”

    Stated more succinctly: “Because I don’t think the applicable federal rules of civil procedure should apply to me.” Judges absolutely love that argument; works every time.

  3. So, the lawyers probably argued, that the arbitrator, Harold Henderson, made the inevitable outcome to be heavily favored toward the NFL by denying Elliott’s respresentation the opportunity to review the investigative report and denial of key witnesses. Therefore, the arbitration was a joke because Henderson is Goodell’s lackey.

  4. If he loses, I hope Goodell takes it like a man this time, and doesn’t drag it out further, like he did with Brady.

  5. frk49rs says:
    October 2, 2017 at 4:22 pm
    He is going to fight, and most likely lose. if it takes a few more weeks the suspension will lead into the playoffs. What will the NFL do? Make him sit during the playoffs? Every Cowboy fan in the world will be standing on their head screaming that the NFL screwed the Cowboys.If he would have just taken the suspension, it would have been over after week 6, and fresh heading into the playoffs…
    ====================
    Cowboy fans (justifiably) have been screaming about being screwed for weeks now.

  6. I’m sure the Cowboys hoped they’d be doing better than 2-2 at this point. They could have managed that without Elliott.

    I say that as a Cowboys fan, disappointed on multiple fronts.

  7. Who pays his legsl fees? Is he responsible for them himself, or does the NFLPA or the Cowboys pick them up for him? It’s got to be in the hundreds of thousands of dollars, if not more.

  8. maddog111 says:
    October 2, 2017 at 5:14 pm

    Who pays his legsl fees? Is he responsible for them himself, or does the NFLPA or the Cowboys pick them up for him? It’s got to be in the hundreds of thousands of dollars, if not more.
    —————

    NFLPA

  9. “(1) because the NFL controls the process, the NFL knows when the ruling will be announced, and the NFL can always run to the court of its choosing, filing its own lawsuit before the player ever has a chance to do so, like it did in the Brady case; and (2) the process and the result in Elliott’s case proved that waiting for a ruling was indeed futile, making it proper to file the lawsuit before the internal appeal was final.”

    Which is another way of saying, “The players agreed to arbitration & the Appeals process, and we are happy to go that route…when it benefits the Players. But,m in the times where it doesn’t, we will ignore what was agreed & try to manipulate the outcome by judge shopping in the National Federal Court system”.

  10. mantastic54 says:
    October 2, 2017 at 5:27 pm
    What I don’t understand is why would the league file an appeal of their own ruling?
    ————————————-
    It’s an unseemly but somehow ‘acceptable’ practice called ‘venue shopping’ or court shopping’. How it works is that if one side knows an appeal is coming, they preempt that appeal by filing a lawsuit in a jurisdiction that they would deem more friendly to their case (by precedent) than another where they may find their case is harder to win.

    Doesn’t really fit with the statue of the blindfolded woman with a sword in one hand and scales in another does it?

  11. I’m listening to the argument’s audio. NFLPA lawyer Kessler is incredibly obnoxious. He talks down to the judges — all of them (2 of whom are men), so he’s not sexist — but it sounds extremely patronizing and “mansplaining” when he addresses Judge Elrod.

  12. mantastic54 says:
    October 2, 2017 at 5:27 pm
    What I don’t understand is why would the league file an appeal of their own ruling?

    The league is appealing the injunction the district court judge entered that allows Elliott to play while his appeal is pending in front of the same judge.

  13. Green Bay heading down to Dallas — feels like a suspension heading Elliott’s way.

    Sometimes the universe just lines up right.

  14. NFL has no interest in suspending Zeke. This is all a charade in the name of domestic violence.

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