NFLPA files motion to stay Elliott suspension pending appeal

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The effort to block Ezekiel Elliott‘s suspension continues, #asexpected.

On Wednesday, the NFL Players Association filed an emergency motion for an injunction pending appeal with the U.S. Court of Appeals for the Second Circuit. The goal is to get the appeals court to conclude that Elliott should be permitted to play while the appeals court formally considers whether Judge Katherine Polk Failla erroneously failed to grant Elliott an injunction that blocks the suspension pending the outcome of the litigation.

The 14-page document argues that Judge Failla ignored a long line of cases in which courts have allowed athletes to play while litigation regarding a suspension proceeds. That, by far, represents Elliott’s strongest argument. Even if he ultimately loses in court, a victory becomes meaningless if the suspension already has been served before the case ends.

Elliott already has played seven games this year while the litigation has unfolded. If the league eventually wins the case, Elliott will serve his suspension, just like Tom Brady did. So what’s the harm in giving Elliott a full and fair chance to pursue his rights in court before those rights are rendered meaningless by serving the six-game suspension?

The latest motion filed by the NFLPA on Elliott’s behalf does not mention the curious complication arising from the fact that Judge Failla’s husband serves as a partner in the firm that helped negotiate and craft the labor agreement at issue in this case. With judges and lawyers expected to avoid not only impropriety but also the appearance of impropriety, it arguably appears improper and not impartial for the judge to give her husband’s firm’s high-dollar client a victory in a high-stakes case directly involving the high-level work product of her husband’s firm.

34 responses to “NFLPA files motion to stay Elliott suspension pending appeal

  1. “Elliott already has played seven games this year while the litigation has unfolded. If the league eventually wins the case, Elliott will serve his suspension, just like Tom Brady did. So what’s the harm in giving Elliott a full and fair chance to pursue his rights in court before those rights are rendered meaningless by serving the six-game suspension?”

    No need to waste the courts time.

    The Brady case set the precedent that the NFL will ultimately prevail.

    Hence, there is no need to appeal the appeal to the appeal….

  2. The harm is wasted taxpayer money and wasted resources. That’s harmful, very harmful. Misuse and disuse of the legal system is not something to be taken lightly.

  3. Perhaps for simplicity, next the NFLPA could just appeal to a court the validity of the entire CBA they negotiated and signed, including those aspects that benefit the players. Why pick out just the parts you don’t like?

  4. “The latest motion filed by the NFLPA on Elliott’s behalf does not mention the curious complication arising from the fact that Judge Failla’s husband serves as a partner in the firm that helped negotiate and craft the labor agreement at issue in this case”

    2 questions

    1. If this was a legit concern, why wouldn’t Elliotts lawyers bring this up before hand?

    2. The CBA that the law firm helped write was written as an agreement between both the NFL players and the owners, not just the owners.

  5. I admit I might be wrong here but as two private entities suing each other, there are no taxpayer funds being wasted on this. The loser will likely pay the court fees. So if a millionaire wants to sue a billion-dollar corporation, so be it. Also, IF (and I admit that it’s a big IF) he is in fact innocent of all charges, he deserves every right to defend himself however he and his lawyers choose to. In the end he will very likely lose because of the wording in the CBA, but ya never know.

  6. When a real decision be made? I’m sick of all the legal BS. Let’s just have an answer. I wonder how much this is costing the nfl and zeke.

  7. “The latest motion filed by the NFLPA on Elliott’s behalf does not mention the curious complication arising from the fact that Judge Failla’s husband serves as a partner in the firm that helped negotiate and craft the labor agreement at issue in this case.”
    – – –

    I’m guessing they already know this and are saving this for their next appeal.

  8. ericn42000 says:
    November 1, 2017 at 6:31 pm
    Free zeke

    Free Hernandez, free Hardy, free Alfonso Smith, free Rice, etc, etc…no repercussions. You live in a weird world buddy.

  9. This has impropriety written all over it! Not only was Zeke denied a fair hearing, but Goodell totally ignored the recommendation of his league investigator, who was the only one who interviewed the “victim” SIX times. He probably thinks making Zeke a scapegoat for all the screw-ups he has made, will somehow help the league’s reputation! Their reputation is way too far gone now, and it doesn’t appear it is going to get better anytime soon….He has nobody to blame, but himself, and labeling an innocent (by all accounts) player an abuser, will certainly not help his cause!! I hope the owners wake the Hell up…..

  10. At this stage in the process this has very little to do with Elliott. The NFLPA in all likelihood knows this is a losing battle. What is more important from the NFLPA’s point of view if demonstrating to the membership that they will fight to the bitter end for their clients. It is a typical union tactic of lose a battle but try to win the war. This way maybe next time the NFL will hesitate before acting in a similar fashion

  11. All this happened BEFORE Zeke was an NFL employee. How does the NFL have the right to impose discipline? Let alone force the guy to lose income over it? Goodell = Bad for the NFL. This should have NEVER gotten to his desk.

  12. Omar, I strongly disagree with you. The NFLPA is only hurting Zeke’s reputation. Because of what has come out of this, sponsors won’t touch him and this will haunt him after his playing days.

  13. Junk, once Zeke signed his contract, he became an employee of the NFL. The NFL only took those incidents into consideration. Zeke has had several incidents of assault and domestic violence that were covered up in college.

  14. limakey says:
    November 1, 2017 at 7:24 pm
    The NFLPA is only hurting Zeke’s reputation. Because of what has come out of this, sponsors won’t touch him and this will haunt him after his playing days.
    _______________________

    That is completely bass ackwards. The accusation and suspension did for his reputation. Only by beating this and avoiding the league’s abuser label can he avoid losing 10’s of millions. How on Earth can you not see that???

  15. The NFLPA is abusing the legal system. They have repeatedly dragged cases to the court where they knew they had no case. The only one who had a case was Ray Rice because he was punished for the same incident twice. And I think the Commissioner was right and took the hit he knew that could happen. How does the NFLPA present Zeke as a positive? What do we know about him through This? That he has been this for years and no one has told him no, this behavior is unacceptable.

  16. OMG just serve your suspension and move on already. Learn from your mistakes like the rest of us have too

  17. Comment, Zeke said she got pregnant on purpose to trap him. So in other words, Zeke will wear protective gear when he is playing football but not when he is playing at sex? And if she wanted to trap him, she would have had the baby. He blamed her and not himself. See the pattern, never Zeke’s fault.

  18. If America is truly just, Zeke will get his MUCH DESERVED day in court. I’m a Cowboys fan and the first to say that Zeke is a goofball, but Ray Rice and Josh Brown are the only reason all of this is happening. Anyone with half a brain can see this. I sure hope the champions of the justice system are smarter than me.

  19. Wouldn’t you go for a wildcard spot without him and then be really dangerous in the playoffs? Just deal with it already and let us all turn the page on this mess.

  20. Conveniently ignored in all of this is the fact that the original suspension also mentioned the yanking of the girls top and exposing her breasts. There is actual video proof of that. Therefore the suspension should be upheld.

  21. aic2276 says:
    November 2, 2017 at 7:16 am
    Conveniently ignored in all of this is the fact that the original suspension also mentioned the yanking of the girls top and exposing her breasts. There is actual video proof of that. Therefore the suspension should be upheld.
    —-

    Actually, no it didn’t. Just a little bit of research could stop you from spreading stupid rumors. If they suspend him for that any player would HAVE to be suspended that went to Mardi Gras and did that. The league doesn’t want to open that can of worms.

  22. limakey says:
    November 1, 2017 at 8:36 pm
    The NFLPA is abusing the legal system. They have repeatedly dragged cases to the court where they knew they had no case.
    How does the NFLPA present Zeke as a positive? What do we know about him through This? That he has been this for years and no one has told him no, this behavior is unacceptable.
    ________________________

    The NFL is abusing the intent of the arbitration clause. The NFLPA has to take the cases to court. By forcing the NFL to admit they had no evidence against Brady and bringing the lies to light they made any damage to his reputation laughable. They hope to do the same for Elliott. I am by no means an Elliott apologist and the city prosecutor saying he ‘believed her in most things’ is actually good enough for me to believe it is more probable than not he did something. That isn’t the point, the point is your constant assaults on the NFLPA when it is performing what it’s members engage it to do while defending a league that believes it’s ends justify it’s means it’s ridiculous. Just as your constant assaults on Brady were when the league lied in it’s arbitration finding, admitted it had no evidence, threw out the phone red herring and finally only won because the court recognized fundamental fairness didn’t apply in the face of the CBA’s language. If the league ran a fair arbitration which it always did before Goodell exploited the language whose intent was honored since 1968 it wouldn’t find itself in court at all.

  23. John Henry’s Hammer says:
    November 2, 2017 at 9:12 am
    Actually, no it didn’t. Just a little bit of research could stop you from spreading stupid rumors. If they suspend him for that any player would HAVE to be suspended that went to Mardi Gras and did that. The league doesn’t want to open that can of worms.
    ___________________________________________________________________________

    It was reported on this site and many others that he was investigated for this incident in addition to the domestic violence incident. The league said in their letter to Zeke “your behavior during this event was inappropriate and disturbing, and reflected a lack of respect for the woman.” It also said that these incidents as a whole show pattern of poor judgement. The articles I read on this did not say he wasn’t being disciplined for this.

    I’ll gladly admit I am wrong if you can show me where it says he wasn’t disciplined for this.

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