Gordon delay could make it easier to get an injunction


It’s not known whether Browns receiver Josh Gordon will go the StarCaps route if/when he’s officially suspended for a year, filing a lawsuit attacking the arbitration decision and seeking a preliminary injunction that would allow him to play until the litigation ends.

If Gordon chooses to go that route, the 22-days-and-counting lag since the completion of his appeal hearing could actually help his cause.

Gordon may have a hard time conjuring an argument or two that would prompt a court to take the fairly extraordinary step of eventually overturning the outcome of a private arbitration proceeding, since private arbitration proceedings tend to keep plenty of cases out of the court system.  But the NFL’s inexplicable failure to reach on a more timely basis what should be a very straightforward decision could make the judge who is asked to prevent the suspension from being implemented a bit more sympathetic to Gordon’s plight.

The delayed issuance of the decision by hearing officer Harold Henderson will put more pressure the judge to whom the case would be assigned to process the facts, to research the law, and to make a fair and proper decision as to whether Gordon should be allowed to play pending a final ruling in the case.  And the judge to whom the case is assigned could blame the NFL for dragging its feet, which could make the judge more favorable to Gordon’s cause.  Which eventually could make Gordon available to play for most or all of the 2014 season.

Again, it’s not known whether Gordon will choose to take the NFL to court.  With each passing day, his case for an order allowing him to play until the case ends could be getting stronger.  It’s definitely not getting any weaker.

In the end, Gordon may still be suspended for a full year.  However, like the StarCaps plaintiffs several years ago, Gordon may be able to delay indefinitely the start of the banishment.

45 responses to “Gordon delay could make it easier to get an injunction

  1. This kid is only 22! The bigger question is regardless of whether he is suspended or not, is can he keep himself clean going forward and realize an incredible career?

  2. Yes, but will the forthcoming penalty review delays make it easier for us to get a new commissioner?

  3. The NFL has become such a joke. LEADership is definitely lacking.

    With the mishandling of the tests results, Gordon should most definitely take the NFL to court.

  4. The NFL’s handling of this has been disgraceful. And is probably linked to the disgraceful way too short suspension they gave to Ray Rice.

    The league obviously wants to enforce its draconian weed policy at a time when most of the country thinks weed should be legalized, and at the same time they know they have massively embarrassed themselves by letting Rice off the hook so easily.

  5. Got him in the last round last night. If he gets only 4 or 5 games. It’s game over, him an Julio Jones next to each other. Champion

  6. he should get a year in my opinion. but the way it is being handled is beyond belief. this decision could be made in an hour or six tops. this is just plain wrong. feel sorry for the browns being left hanging on this. which ever way it goes.

  7. This makes me NOT want to draft Gordon late now…

    I’d rather have him for the playoffs, just as I’m sure the Browns would rather have him late in the season…

  8. Please. there is NO loophole. He will be gone at least 8 games, maybe a year. Whats he going to sue for, didnt know there was a deadline for a ruling.Yah it sucks that the Browns dont know but the NFL didnt break the rules.

  9. It’s like Gordon’s lawyers punted the ball to the NFL. Henderson called a fair catch and seems content to take an infinite number of delay of game penalties.

  10. Weed is being legalized across North America, wife beaters are still going to jail. That sends a bad message of what the NFL holds important.

  11. Fantasy Football brought me here. The F5 (refresh) key on my keyboard is worn out trying to discover what the suspension is going to be. What is taking them so long? Brandon Merriweather just got suspended within days of infraction. Maybe the guy lost the paperwork lol

  12. The StarCaps route? Now wait just one minute here.

    Gordon has been nailed multiple times for off the field indiscretions due to deliberate and bad decisions on his part.

    The reason the StarCaps case was drawn out so long is because the NFL did not include StarCaps on its list of banned substances at the time, AND because the makers of StarCaps left the bannned substance off of it’s list of ingredients. It was for those reasons, AND because the NFL had previously let other players who had fallen into the same trap off the hook, that the StarCaps case dragged on so long.

  13. I like that there is a picture of the Browns helmet on the Browns gloves. What a moronic logo.

  14. Injunction for what reason?
    He is already suspended for the year.
    Even if it gets reduced to 8 games he is still not going to play right away.

    He hasn’t learned his lesson anyways. He is probably smoking 2nd hand weed smoke RIGHT NOW!

  15. Waaaah poor Josh Gordon. whether you agree with drug laws or not he knew the rules and has his whole adult life violated them so he should be banned for stupid.

  16. Here is the deal… the NFL is punishing him for a possession charge in college.

    I can’t believe that current NFL players are being punished for things they did before they even signed their first NFL contract… crazy!

  17. It’s like a chess match now. Do you go for an offensive posture, defensive, sacrificial, or elect an outside-of-the-board strategy?

    But any pawn in play doesn’t have to go it alone, fortunately there are many other pieces to support the plightful plan for a status promotion.

  18. If you know the facts of this case, you know Josh should get off — BASED ON SCIENCE.

    If you smoke or consume marijuana, it WILL show up on a urine test within a month of using marijuana.

    Josh has passed over 70 tests in the past year, or more than 1 test a week.

    Other tests would have come back positive if he was consuming marijuana, BUT HE PASSED EVERY OTHER TEST.

    That is fact. That is science. Marijuana, being fat soluble, stays in a user’s system for 30 days or more. So why didn’t Josh have other positive tests?? BECAUSE IT WAS FROM SECOND HAND SMOKE.


  19. Hmmm, “the judge to whom the case would be assigned to process the facts, to research the law,”

    I dont see how this takes more then 5 minutes.

    Is this substance on the banned substance list? Check.
    Did Gordon pop for it? Check.

    Motion Denied.

  20. Everyone who keeps saying “he knew the rules” forgets that he actually could be clean this entire time, including the 70+ passed drug tests he already has in the books. Let’s face it, he gets tested 10x’s per month/approximately 2x’s per week. His test levels would have been much higher than 16ng (his “negative” test) if he did, in fact, smoke first-hand. Also, his other infraction was for prescription codeine, not weed. Quit acting like every screw-up he’s had is related to pot.

    Additionally, how many of you have gone 15 mph over the speed limit? How many of you have been unlucky enough to get caught? Did you have a couple beers at dinner or a mixed drink? You, too, could have blown a .09. His DWI charge will surely be dropped to a reckless driving charge if upheld at all. Frankly, a lot of people don’t follow the traffic laws, including some of you who are pointing your fingers.

  21. I think the NFL purposefully gave Gordon this opportunity to stretch things out – even if it makes them look weak. The Cleveland market is important to them and I’m sure they would rather suspend him next year when the Cleveland organization firmly gets its legs under it.

  22. I feel Gordon should get off because the B sample was under the limit but the A sample was just over the limit. If the person administrating the test would have labelled the samples in reverse he would be starting the season as normal.

    Secondhand smoke or not, both samples should need to be positive in order for a suspension.

  23. Wull, if Johnny would-a knowed that, he would-a tried to win the starting job. Shucks!

  24. The decision has already been made, Goodell is just shopping it around to the highest bidding news outlet… $$$ He thinks this information will be worth as much as the half-time show.

  25. Like it matters, we don’t have a QB with a big enough arm to utilize his downfield speed anyway. Too bad they hit the panic button and released Weeden, if things pan out for Gordon we could definitely use him

  26. For those questioning why an injunction would be possible the reason is simple..the CBA’s drug policy,specifically what counts as a positive test, is more strict than Ohio law which protects Ohio employees (which Gordon is). Starcaps and numerous other federal court decisions have held that when a CBA infringes on a right that the states protect then that part of the CBA is unenforceable. Under Ohio law Gordon did not fail his test. Ohio law is what matters, according to the federal courts, and an injunction will be issued because “relief is available and he has suffered” a loss..namely his employment. It doesn’t matter if you think he’s guilty or a bonehead..the law is the law and the law in Ohio will control if there is a suspension and his lawyers go to court…which they should.

  27. If the suspension falls, Josh should definitely file a lawsuit attacking the arbitration decision. This whole thing has been handled poorly.

  28. @maestro1899
    I’m not a browns fan at all, Not even a Josh Gordon FFootball fan-Eagles fan here.I agree with you though, I’ve been following this for awhile & if Sample”A” failed but Sample”B” passed-I think it’s obvious. The whole if the “one was labeled B instead of A he wouldn’t even be in this” is true but there’s nothing they can do about it now.
    The fact that he’s been tested ATLEAST 1x a week and has passed for over a year should have been taking into consideration, as soon as they got the results back and saw how marginal the difference was in between the two cups with one passing and one not. He has done stupid things in the past, but after I saw the post abt A&B samples-and how one failed and the other didn’t. I realized that he obviously wasn’t smoking, and had to be second hand. Even if he smoked once, he would fail no questions(counts ect) abt it for up to 2weeks after. Athletes can get clean faster, low body fat, sweating working out, cranberry concentrate ect ALL helps but it would still be in your system for 2/3+weeks minimal.

  29. All this over weed. Goodell should have suspended Ray Rice 8 games and we would not be having all these problems.

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