Unexpected hearing viewed as positive by Elliott’s camp

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The motion to stay the suspension of Cowboys running back Ezekiel Elliott was supposed to be resolved by a three-judge panel without further briefing or oral argument. The unexpected decision of the U.S. Court of Appeals for the Second Circuit to conduct a Thursday hearing on the matter is therefore being viewed by Elliott’s camp as a positive development, per a source with knowledge of the situation.

The thinking in cases like this is that, if the appeals court plans to summarily reject what amounts to an unconventional and unusual request — that the appeals court override the decision made by the lower court while the process of formally appealing the decision unfolds — no hearing would occur. The fact that a hearing has been planned means that the issue is being taken seriously by the appeals court, which is in turn being interpreted as an indication that the appeals court will be inclined to overturn the impact of the lower court’s ruling before considering whether to overturn the ruling itself.

Optimism also likely comes from the fact that the appeals court realizes time is of the essence, and that Elliott’s current status entitles him to participate in meetings and practices in advance of the Week 10 game at Atlanta. If the appeals court were inclined to compel him to serve his suspension while the appeal proceeds, a quick decision makes much more sense than a decision that comes after Elliott has participated in game planning and traditionally the most important day of practice of the week, on Wednesday.

Of course, the one persistent truth about the Elliott case is that the only thing to be expected is the unexpected. Which is precisely what everyone should be expecting as Thursday approaches. For now, however, Elliott is once again expecting the best.

28 responses to “Unexpected hearing viewed as positive by Elliott’s camp

  1. Could be a chance for the famed Brady sketch artist to work her magic. He should wear that shirt and see what sort of crazy thing she comes up with.

  2. I’m officially lost. I know this site isn’t keen on graphics, but can someone prepare a flow chart or decision tree that shows how we’ve gotten to where we’re at, and the general legal routes to follow given possible outcomes?

  3. Maybe they will tell him, again that he has no case, he was treated fairly and he is suspended because he is responsible for the injuries and no amount of victim shaming absolves him from the iron clad proof the NFL has.

  4. I know that there are two sides here, the Cowboy fans and/or Zeke fans – who think he should be allowed to play and most other people. What confounds me is that the collective bargaining agreement gives this unbridled power to the NFL Commissioner, right or wrong that is the written agreement. This has been disputed in court during the Brady suspension and the courts have upheld that the NFL and the NFL Commissioner has the right to enforce punishment and conduct their internal processes as they see fit. So I don’t know why the court would make a presumption that Elliot’s case has a better than not chance to succeed, given the legal precedent. This all seems like a big waste of time, money and government resources to referee a fight between millionaires and billionaires!

  5. limakey says:
    November 6, 2017 at 2:24 pm
    Maybe they will tell him, again that he has no case, he was treated fairly and he is suspended because he is responsible for the injuries and no amount of victim shaming absolves him from the iron clad proof the NFL has.
    ______________________________________

    And what ‘iron clad proof’ is that? That’s the problem with both the Free Zeke and Hang ‘Em High commenters, we haven’t seen any ironclad proof nor have we seen any indisputable defense against it. What we have seen is that hasn’t stopped anyone from posting ignorant absolutes.

  6. Every player can protest using the NFL trademark, platform, brand and patent. They can now sue teams, the NFL owners and anybody in the league if they feel misunderstood or mistreated. Watch…Goodell’s political correctness is ruining the NFL. It’s toughness has been turned into a wimpish enterprise who are afraid of the players and the NFLPA. When Goodell is gone, playing golf with his hoytie toytie friends at Augusta National Golf Club, where he is a member and The Masters is played, someone else is going to have to pick up the pieces of a broken league. It will be difficult if not impossible to do.

  7. A prime NFL/owners example is allowing the Chargers to betray decades old fans and ‘relocate’. ‘Relocate’ is a FAKE, softball name thought up by some lawyers. The Charger organization is now trapped. They can’t move or be sold because another $650 million ‘relocation’ fee for anybody even a new owner is prohibitive. Now, Joe Lockhart NFL spokesman, feeds NFL fans with BS that ‘there’s no discussion about this’. The NFL and owners can’t get it that teams that ‘relocate’ hurt the entire league and NFL support. Can you imagine your team playing the San Antonio Bills or the Alabama Jets? Owners don’t get it. They want the money now.

  8. Why does this guy always have his midriff showing? Does he think he has great abs or something? Note to Zeke: you ain’t cut buddy….not in the least!

  9. never seen a league struggle so much to discipline it’s own players…the inmates are truly running the asylum…once this last wave of great qbs rides off into the sunset (brady/brees/rodgers) it’s curtains for the nfl i fear

  10. limakey says:
    November 6, 2017 at 2:24 pm
    Maybe they will tell him, again that he has no case, he was treated fairly and he is suspended because he is responsible for the injuries and no amount of victim shaming absolves him from the iron clad proof the NFL has.
    ______________________________________

    And what ‘iron clad proof’ is that? That’s the problem with both the Free Zeke and Hang ‘Em High commenters, we haven’t seen any ironclad proof nor have we seen any indisputable defense against it. What we have seen is that hasn’t stopped anyone with an agenda from posting in absolutes with nothing to support them.

  11. Why doesn’t the NFL drop this and suspend him for the other dumb things he’s done such as pulling down the young lady’s top at a parade? Remember folks…Big Ben wasn’t convicted of anything and was suspended for his behavior.

  12. “Unexpected hearing viewed as positive by Elliott’s camp”

    That’s about the same thing that Brady’s Camp said last year.
    Good Luck Zeke.

  13. I do think something fishy was going on during deflategate. I mean the usage of “deflate” became popular after the text message from one Pats staffer to another calling Brady “The Deflator” was released to the public. I don’t know if Brady was guilty but I do know he eventually took the suspension. Zeke has made it clear that he refuses to stop fighting this, and quite frankly if someone accused me of abusing someone, I’d want to fight back in court too.

  14. ipeefreelyagain says:
    November 6, 2017 at 2:21 pm
    I’m officially lost. I know this site isn’t keen on graphics, but can someone prepare a flow chart or decision tree that shows how we’ve gotten to where we’re at, and the general legal routes to follow given possible outcomes?
    ~~~~~~~~~~~~~~~
    Sure…Decision made–losing side complains and files appeal–original losers win appeal–new losers complain and file appeal–continue process until there are no more higher courts or somebody runs out of money to pay the blood-sucking lawyers.

  15. The only difference I see with Roethlisberger and Brady is that they eventually held up the white flag and took the suspension. I know Brady threatened to sue but that clearly was a smokescreen. If Zeke continues to fight this, I think that’s a true measure of someone who refuses to be wrongly labeled.

  16. I just want to see goodell, Freil, explain under oath how they came to this conclusion of guilt. Plus why Roberts was denied access to the meetings after she did all all the investigating and found nothing. Aj green gets fine yesterday and Evans gets suspended. Only difference between the two is Evans is playing a New York team this week. Just sayin.

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