NFL quickly tries to get New York case moving

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With the U.S. Court of Appeals for the Fifth Circuit directing Ezekiel Elliott‘s federal lawsuit filed in Texas to to dismissed, the NFL is moving quickly to chase that win with ultimate victory over the Cowboys running back.

On Thursday afternoon, NFL lawyer Daniel Nash informed the presiding judge in the New York lawsuit filed by the league that: (1) the Texas case is over; and (2) the New York case can proceed.

Nash, in a one-page letter to Judge Katherine Polk Failla, explains that the league “intends to file a motion to confirm the arbitration award” confirming Elliott’s six-game suspension. explaining that “there is no long any basis for the Court to defer further action in this proceeding.”

That position overlooks the fact that Elliott has the right in the wake of Thursday’s ruling to seek a rehearing before the Fifth Circuit, which means that arguably it’s not yet time for the New York case to proceed. Ultimately, the question of whether Elliott’s appeal rights delay the suspension seems to be looming, and that fight could commence as soon as today.

20 responses to “NFL quickly tries to get New York case moving

  1. I do not understand all the lawyers running to specific courts. Elliot went to Texas before the suspension so it makes sense that that case was dismissed. (Like initiating a suit against your surgeon for malpractice before the surgery even happens). I presume the league went to NY to argue that should be the venue instead of Texas. Wouldn’t the dismissal in Texas mean the league’s suit is no longer required? What exactly are they suing about? As of right now, the suspension is in effect and there is no current legal action seeking to delay or reverse it.

  2. Just think how great the NFL could be if Goodell and his followers showed this same level of passion and urgency with the issues the really matter (player safety, etc.).

  3. If Elliott was smart, he would stop this and sit his six. When it goes Federal, he will get harsh words. Remember what the judges said about the evidence in the Brady case? Their reaction to him destroying his cell phone?

  4. This is a joke a higher court has already ruled on this twice. This is the same case as Brady. The collective bargaining agreement give the commissioner the power!!!!

  5. If Elliott was smart, he would stop this and sit his six. When it goes Federal, he will get harsh words. Remember what the judges said about the evidence in the Brady case? Their reaction to him destroying his cell phone?

    Yes, I’m sure he’s scared now, nearly 6 weeks AFTER going to federal court. And btw, this isn’t about whether he did it or not, this is about whether the process that led to the suspension was fundamentally fair.

  6. this isn’t about whether he did it or not, this is about whether the process that led to the suspension was fundamentally fair.

    —————————-

    Players already agreed to the CBA which states it DOESN’T HAVE TO BE. That’s what you all miss. Talking about evidence, proof, fair – it does NOT HAVE TO BE. That’s why the union leadership should be gone but aren’t.

    Zeke should sit so he’s available for the playoffs rather than out. This is stepping over dollars to pick up a dime right now.

  7. If Elliott was smart, he would stop this and sit his six. When it goes Federal, he will get harsh words. Remember what the judges said about the evidence in the Brady case? Their reaction to him destroying his cell phone?
    _________________________________________________________________________________________________________

    It was pretty clear those 2 judges were unaware of the facts of the case. They allowed the NFL lawyer to lie multiple times about facts without clarification. The one judge that did pay attention to the case, the chief judge, blasted the NFL for its process and continued moving goal posts in his dissent. So you have one district court judge that embarrssed the NFL into admitting they had zero evidence and another saying the process was unfair. The decision came down to two judges who said, we don’t know if Brady did or didn’t do anything…….but the NFL can do what they wish. Then there’s the whole Brady was innocent anyway since the footballs were not even manually deflated, but why let that fact get in the way.

  8. But the accuser admitted in her text message to her friend that Elliot didn’t beat her up. And the only person to interview her, another female, said she was lying. Any public words on those two issues, Goodell?

  9. So Jerry Jones watched how the Brady case was handled by the league, how the NFL really had no evidence, how they couldn’t even prove that any balls had actually been deflated, let alone that Brady knew about, let alone had somehow orchestrated it and Jones thought Zeke would be treated “fairly”? Really?

  10. psubeerman21 says:
    October 13, 2017 at 2:07 pm
    If Elliott was smart, he would stop this and sit his six. When it goes Federal, he will get harsh words. Remember what the judges said about the evidence in the Brady case? Their reaction to him destroying his cell phone?
    ——–
    Neither Brady nor Zeke surrendered their phones because the League has no right – in both cases the players instead offered their phone logs. Fraudger accepted Zeke’s logs because ultimately it made little difference, but in Brady’s case there was no other evidence so if Fraudger accepted the logs he wouldn’t be able to claim the missing phone data was “proof” Brady was up to no good (even though the league had all the texts between Brady and anyone connected to the Pats because they had all the Pats’ staff phones as per the rules. What’s more, ball tampering isn’t even a penalty applicable to players – it’s a team fine.

  11. teal379 says:
    October 13, 2017 at 2:19 pm
    this isn’t about whether he did it or not, this is about whether the process that led to the suspension was fundamentally fair.

    —————————-

    Players already agreed to the CBA which states it DOESN’T HAVE TO BE. That’s what you all miss. Talking about evidence, proof, fair – it does NOT HAVE TO BE. That’s why the union leadership should be gone but aren’t.

    Zeke should sit so he’s available for the playoffs rather than out. This is stepping over dollars to pick up a dime right now.

    —————

    Playoffs? What playoffs? Dallas will not be making it to the playoffs

  12. Michael E says:
    October 13, 2017 at 2:44 pm
    But the accuser admitted in her text message to her friend that Elliot didn’t beat her up. And the only person to interview her, another female, said she was lying. Any public words on those two issues, Goodell?
    ~~~~~~~~~~~~~
    Lying when? When she accused Elliot or when she told her friend it didn’t happen? THAT is why certain people are viewed as not credible. In those situations there are two options. Believe certain things she said while dismissing other things or dismissing all of it and relying on other evidence. The police/prosecutors have a much higher standard in assessing guilt and often abandon a case when they feel they may not reach that standard. The NFL simply has a lower standard. More likely than not is much easier to justify than beyond reasonable doubt. People blast the league and say he is innocent but that is not necessarily so. Odds are if the justice system used the more likely than not standard Elliot would have been charged and convicted. That is because it is likely he abused her in some way but as it now stands prosecutors son’t think they could prove it beyond a reasonable doubt. With celebrities it can go either way on what juries find reasonable.

  13. FinFan68 says:
    October 13, 2017 at 3:18 pm

    Lying when? When she accused Elliot or when she told her friend it didn’t happen?
    ——————

    Yes.

    The league’s lead investigator found her to be not credible, and the police found her to be not credible. There’s documented evidence of her trying to get her friends to lie about Elliott.

  14. Limey: continues his false narrative! The phone that TB 12 “ destroyed” was NOT evidence! It was the same phone that Wells said he DID NOT NEED!! Repeat DID NOT NEED! All Tom did was upgrade to an iPhone!
    The NFL had already told Federal Judge Berman, they had NO EVIDENCE against TB12! NONE!!

  15. mmack66 says:
    October 13, 2017 at 3:34 pm
    FinFan68 says:
    October 13, 2017 at 3:18 pm

    Lying when? When she accused Elliot or when she told her friend it didn’t happen?
    ——————

    The league’s lead investigator found her to be not credible, and the police found her to be not credible. There’s documented evidence of her trying to get her friends to lie about Elliott.
    _______________________________________________

    The city prosecutor said he “believed her on most things” the problem a prosecutor faces is the jury would need to believe her about everything for any criminal action to be viable. That said, the NFL doesn’t have that problem. ‘Justice’ in the NFL is whatever Goodell says it is, evidence be damned and court precedent approved. The fly in the ointment for the league here is Elliot has substantially more to lose than Brady did and may well do what Brady did not and take the case to the Supreme Court. Once the league admitted it had no evidence, every reputable scientist refuted the league’s scientific findings and the commissioner got caught in outright documented lies in his arbitration finding Brady no longer had to worry about his legacy or any real financial impact. Elliot on the other hand has millions in future earnings at stake if he gets branded an abuser in the public eye. Being at the beginning of his career with substantial earnings at risk may make Elliot’s a compelling case to a higher court where being nearer the end without substantial financial loss and no credible damage done to Brady’s reputation made his less so. Based on what was brought to light only an idiot would believe Brady cheated but there is a substantial likelihood the population at large and sponsors in particular would shun Elliot if the league succeeds in labeling him an abuser.

  16. FinFan68 says:
    October 13, 2017 at 3:18 pm
    Michael E says:
    October 13, 2017 at 2:44 pm
    But the accuser admitted in her text message to her friend that Elliot didn’t beat her up. And the only person to interview her, another female, said she was lying. Any public words on those two issues, Goodell?
    ~~~~~~~~~~~~~
    Lying when? When she accused Elliot or when she told her friend it didn’t happen? THAT is why certain people are viewed as not credible. In those situations there are two options. Believe certain things she said while dismissing other things or dismissing all of it and relying on other evidence. The police/prosecutors have a much higher standard in assessing guilt and often abandon a case when they feel they may not reach that standard. The NFL simply has a lower standard. More likely than not is much easier to justify than beyond reasonable doubt. People blast the league and say he is innocent but that is not necessarily so. Odds are if the justice system used the more likely than not standard Elliot would have been charged and convicted. That is because it is likely he abused her in some way but as it now stands prosecutors son’t think they could prove it beyond a reasonable doubt. With celebrities it can go either way on what juries find reasonable.
    ===================================================================

    You’re struggling.

  17. In the NYC case the NFL is suing the union of which Elliott is a member.
    They can’t sue Elliott personally in New York since he doesn’t live there. So if Elliott simply resigns from the union, he can probably get the NYC case dismissed for lack of personal jurisdiction. He’s now once the EDTX court dismisses his case without prejudice, as ordered by the 5th Circuit, to refile it now that it is timely. The 5th Circuit basically wasted everyone’s time since the case will be back before them at some point in the future.

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