Appeal likely coming in Elliott case

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With Judge Katherine Polk Failla denying Cowboys running back Ezekiel Elliott‘s motion for an injunction that would have blocked his six-game suspension through the end of the litigation, Elliott’s next move will be to take the issue to the U.S. Court of Appeals for the Second Circuit.

Although the chance of success is small, their chance of success will be zero if an appeal doesn’t happen. For that reason, and per a source with knowledge of the situation, an appeal is likely.

Perhaps the biggest flaw in the 24-page ruling is the complete absence of any analysis as to the question of whether Elliott will suffer irreparable harm in the absence of an injunction. At page 15, Judge Failla declares that the NFL Players Association failed to show irreparable harm; however, she devotes no portion of the written decision to explaining why the NFLPA failed to do so.

Multiple other players over the years have shown irreparable harm in similar proceedings, and for good reason. If it turns out that the player wins in court, there’s no way to remedy the fact that games have been missed. Judge Failla’s failure to offer any reasoning or explanation as to why Elliott’s case is different from all others in which judges have found irreparable harm seems odd at best, fishy at worst.

The fact that Judge Failla kept the case despite the fact that her husband is a partner in the NFL’s CBA/lockout law firm will cause some to call the failure to address the irreparable harm argument fishy. In cases like this, actual fishiness doesn’t matter; judges are duty bound to avoid the appearance of fishiness.

Making the decision to not step aside even more confusing is the fact that the U.S. District Court for the Southern District of New York isn’t a one-horse courthouse. A whopping 43 judges sit on the court.

Whatever happens, time is of the essence. And perhaps the best way to get the attention of the Second Circuit will be to point out the absence of any analysis regarding irreparable harm, along with the irregular situation involving the connection between Judge Failla and the NFL.

28 responses to “Appeal likely coming in Elliott case

  1. This is shocking…

    I would like to appeal the institution of the current appellate process.

    He is an RB and it feels like he could appeal this thing to last longer than the average RB career.

  2. FFS! Sit the six games. Does Elliott have some Hollywood fantasy where he’ll be vindicated and Roger and the boys get the boot and Zeke’s dad is the new commissioner or something? This has got to end. #WorseThanDeflateGate

  3. NFL gets what it deserves with their lack of consistency on punishments. Knock your wife out in an elevator, a few games. Smoke weed and get caught, 4 game. Brady’s punishment was ridiculous.

  4. Now THIS is worth protesting… Not worth disrespecting our National Anthem/Flag, (nothing is, as those two things stand for the greatness of our country, not the bad parts), but definitely worth protesting.

  5. If he would have just sat from the beginning of the season this would be over already. AND we would not have had to hear about it for the last 7-8 weeks. ugh

  6. The player is subject to the NFL’s PCP and subject to the Commissioner’s authority to issue a suspension. There is no “harm”. His harm was putting himself in the situation of being reviewed under the NFL’s PCP. The burden of proof for the NFL PCP is not the same as in a court of law. People seem to forget this. Further, the authority for suspension/discipline was collectively bargained so the union agreed to this system. It might want to try to change that when they negotiate the next agreement.

    If an appeal is made on that argument, it should be dismissed summarily.

  7. I like when people who are sick of hearing about something take the time to read a story about what they are sick of hearing about, then take additional time to comment on what they are sick of hearing about.

    Then I bet come back and check the responses to their comment about what they are tired of hearing about.

  8. De Smith presiding over another disaster. How much money is Smith wasting trying to appear to be a leader. He negotiated and signed Article 46. Waste of PA money.

    Perhaps you can get the Executive Committee (Sherman & Winston et al) on the record about pissing away millions because De didn’t do his job.

    It seems De and company hides from the press.

  9. waynefontesismyfather says:
    October 31, 2017 at 3:53 pm

    he’ll be vindicated and Roger and the boys get the boot and Zeke’s dad is the new commissioner or something?

    —————
    Excellent suggestion sir!!

    Can it be arranged please?

  10. If the cowboys make the playoffs, Elliott may be serving his suspension at that time.

    You need to pick your battles, and it doesn’t appear that he and his attorneys are looking at the big picture.

  11. I believe the term for this in legal circles is forum shopping. Keep trying differwnt courts until you get a favourable result. Last ditch effort of the desparate.

  12. With Elliott sitting out six games, it’s almost as if the judge doesn’t even care about my Fantasy Football team.

  13. abcisezas123 says:
    October 31, 2017 at 3:59 pm

    The player is subject to the NFL’s PCP and subject to the Commissioner’s authority to issue a suspension. There is no “harm”. His harm was putting himself in the situation of being reviewed under the NFL’s PCP. The burden of proof for the NFL PCP is not the same as in a court of law. People seem to forget this. Further, the authority for suspension/discipline was collectively bargained so the union agreed to this system. It might want to try to change that when they negotiate the next agreement.

    If an appeal is made on that argument, it should be dismissed summarily.
    —————————

    The real issue is that there was no conduct for Goodell to review and issue a suspension for. The accuser is a vindictive liar, which was the conclusion of both investigations. The NFL, in their zeal to try and make up for past incompetence, ignored that, and suspended Elliott anyway. That Lisa Friel, a corrupt, Giants superfan was involved in both the Josh Brown and Ezekial Elliott suspensions, is a complete conflict of interest, as the results of each clearly show.

  14. imarkferg says:
    October 31, 2017 at 4:37 pm

    I believe the term for this in legal circles is forum shopping. Keep trying differwnt courts until you get a favourable result. Last ditch effort of the desparate.
    ——————–

    Well, Roger is really desperate.

  15. Judge Failla declares that the NFL Players Association failed to show irreparable harm; however, she devotes no portion of the written decision to explaining why the NFLPA failed to do so.

    Legit question:

    If they failed to show irreparable harm, why would she have to provide analysis?

    Not sure what the failure was, but if it was “meagre”, how much analysis could you provide?

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