NFLPA points out that ruling doesn’t address merits of the case

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Despite the NFL winning in federal appeals court on Thursday, the broader legal fight regarding Ezekiel Elliott‘s six-game suspension isn’t over. And the NFL Players Association has essentially pointed that out.

“The NFLPA is reviewing the decision and considering all options,” the union said in a statement issued on Thursday. “The appellate court decision focuses on the jurisdictional issues. The failures of due process by the NFL articulated in the district court’s decision were not addressed.”

The problem for the NFLPA and Elliott is that the case now shifts to a federal circuit with law on the books (courtesy of the Tom Brady case) that will, in the view of the NFL, make it easier for the league to prevail. The first fight in New York likely will come very soon, with the NFLPA and Elliott likely pursuing an injunction blocking the suspension while the court proceeds.

As to those who claim that the NFLPA and Elliott erred by filing his lawsuit before the internal appeals process had ended, the problem is that the league controls the appeals process — and the league likely would have immediately filed its own lawsuit in New York before Elliott had a chance to file in Texas or anywhere else. So Elliott and the union rolled the dice. If they’d simply gotten a slightly different composition of the three-member appeals panel, they likely would have won.

13 responses to “NFLPA points out that ruling doesn’t address merits of the case

  1. Even if the NFLPA had prevailed here they still inevitably would’ve lost. Zeke will end up serving that suspension at one point or the other. That pesky CBA that gives Goodell the right to handle it how he sees fit.

    And the kicker is that those few players that want to change the policy probably won’t get enough other players to vote to change it.

  2. There was ample reason to doubt this decision by the league, the deflategate ruling, the bountygate case and the Dolphins bullying case. Yet the league through the book at everyone.

    Ironically, in the cases involving ray rice and Josh Brown, with actual concrete indisputable evidence, they went the other way.

    And yet the owners – including Jones and Kraft, evidently support keeping this Bozo as commissioner.

  3. Sounds familiar. Under the CBA, Goodell doesn’t need to be right so long as he is first. And he is the guy who drops the starter flag. We knew this years ago, just wake me when the strike starts.

  4. The NFL can’t sue Elliott in NYC (since he doesn’t reside or do business there, at least until the Cowboy’s road game at the Giants). At best they can sue the NFLPA over terms of the CBA. But Elliott is free to refile his own case in TX because he does reside there and the NFL does business in TX. 2nd Circuit rulings aren’t binding in the 5th Circuit.

    The 5th Circuit simply said that Elliott had jumped the gun by rushing to court. His suspension is back in effect at the moment. But if Elliott refiles in TX, the clerk won’t randomly assign a new judge, they’ll re-assign the new case to the judge who’s already familiar with the facts. That’s good for Elliott.

  5. Appellate Courts rule on matters of law – and decisions made by the District (trial) Court, not evidentiary arguments made by lawyers in the trial Court. NFLPA lawyers know this full well.

  6. Don’t blame Zeke for fighting it as far as he has cause the league has essentially determined despite a ton of counter evidence the guy is a woman beater but he should just sit his six games and then sue the league for defamation of character

  7. hockeyfan28 says:
    October 12, 2017 at 11:39 pm
    Don’t blame Zeke for fighting it as far as he has cause the league has essentially determined despite a ton of counter evidence the guy is a woman beater but he should just sit his six games and then sue the league for defamation of character

    As in the Brady case, the jealous carzy girlfriend will probably win again.

  8. hockeyfan28 says:
    October 12, 2017 at 11:39 pm

    …….he should just sit his six games and then sue the league for defamation of character

    ———

    It may be coming down to that.

    Doesnt he have a better chance there? As far as fighting the suspension itself the NFL will ultimately win even if Elliot got determined innocent by the court because the CBA says they can punish him anyways. (Thats the NFLPA’s fault) But wouldn’t a defamation suit leave the CBA out of it? Because then they are going after the NFL act of calling him guilty despite the evidence, not the act of suspending him.

  9. And the kicker is that those few players that want to change the policy probably won’t get enough other players to vote to change it.

    That would be because the few players who want to change the policy are the only ones breaking the rules. The rest of the players get by just fine and don’t care about an article that doesn’t affect the majority of the union.

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