Jeffrey Kessler on the case for Ezekiel Elliott

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Yes, the Ezekiel Elliott case is about to get nasty.

The NFLPA has tapped lawyer Jeffrey Kessler to handle Tuesday’s appeal hearing, according to Charles Robinson of Yahoo Sports. Kessler also will be involved in the litigation that is expected to follow, if arbitrator Harold Henderson upholds the six-game suspension.

Fueling the potential legal attack on the suspension is the fact that the NFL declined to name an arbitrator that the union regards as being truly independent. Henderson has refused to compel the league to make Tiffany Thompson available for cross-examination at the appeal hearing, and he has refused to force the league to produce the interview notes and transcripts generated by the league when interviewing Thompson.

Robinson points that out procedural flaws “opened the door for the union and quarterback Tom Brady to sue the NFL” after the league suspended Brady four games in 2015. But here’s the thing; the NFL actually sued first, picking a forum that it believed would result in victory (eventually, it did) before the union and Brady could sue.

So with Elliot’s side making it more and more clear that litigation is coming, the NFL could once again issue the appeal ruling and immediately file suit to defend it.

That dynamic should prompt Kessler and company to at least consider a preemptive lawsuit after Tuesday’s appeal hearing, arguing that the process was a ruse and that Henderson will be simply rubber-stamping the decision, with the league then rushing to court to prevent the player from pursuing justice in the forum of his choosing.

33 responses to “Jeffrey Kessler on the case for Ezekiel Elliott

  1. So I’m curious, how long can Elliot drag this out? Would he be able to do what Brady did and keep it in the courts for the whole season and continue to play the whole time?

  2. Sheriff Goodell might not win this time. The league investigation was a joke and the now, arbitrator is refusing crucial evidence in the case. In addition, the NFL’s lack of consistency in handing out punishments in past cases, i.e. Josh Brown. Add in Jerry Jones lawyers and the NFL could be against the wall to try and prove its case.

  3. Most people think of “public law” vs. NFL regulations and how the NFL deals with judgements and appeals. So most fans look at this and figure Elliot is getting a raw deal. Not so. As an NFL player his reps should know how it works under NFL policy not public policy. Players think they can protest social issues within NFL venues because they have freedom of speech. The NFL can stop this anytime they want because they own the venues, rights, patents and logos etc. Players who “protest” on any NFL “platform” are “using”/infringing on what the NFL owns. The NFL is only allowing it to happen. If it gets out of hand…they’ll simply disallow it and players will be subject to fine or suspension if they do it.

  4. suncawy says:
    August 28, 2017 at 7:26 pm
    Sheriff Goodell might not win this time. The league investigation was a joke and the now, arbitrator is refusing crucial evidence in the case. In addition, the NFL’s lack of consistency in handing out punishments in past cases, i.e. Josh Brown. Add in Jerry Jones lawyers and the NFL could be against the wall to try and prove its case.
    ————————

    The NFL does not need to prove it’s case. It’s case was disproved against Brady and the court did not care. Goodell can do as he pleases and unless this case goes to the Supreme Court nothing is going to change that.

  5. suncawy says:
    August 28, 2017 at 7:26 pm

    Sheriff Goodell might not win this time. The league investigation was a joke and the now, arbitrator is refusing crucial evidence in the case. In addition, the NFL’s lack of consistency in handing out punishments in past cases, i.e. Josh Brown. Add in Jerry Jones lawyers and the NFL could be against the wall to try and prove its case.
    —————————

    Psigate showed us that the NFL doesn’t have to prove anything or provide anything.

    That said, anything less than a finding that Elliott’s 6 games is arbitrary would be ridiculous, due to all of the shadiness surrounding his accuser, and admitted abuser Brown’s lame 1-game suspension.

  6. In the end Elliot will lose and serve his suspension. But hey, might as well delay it and sue them before that. Who knows, maybe they get a sympathetic panel of judges who overturns it. Probably not, but might as well try. He should at least get the suspension “suspended” until a court can hear the case

  7. “Players think they can protest social issues in NFL venues because they have freedom of speech”.

    Good grief, give it a rest. This article has nothing to do with any protest. Lay down under your flag blanket and go to sleep to the anthem. You’ll feel better in the morning.

  8. The difference in litigating both cases is that the Brady case had to do with “the integrity of the game,” and that suspension set a precedent for that particular infraction (I don’t remember another QB being punished prior). Zeke’s case, however, falls under a different measure–player conduct–and more specifically domestic violence, which has precedent within the league, well prior to Zeke. Mainly, fumbled investigations that resulted in the league losing public faith (Ray Rice) and a more than underwhelming employment of the punishment for Josh Brown, after the baseline of 6 games was established post Rice. So the league can argue that a player and team benefitted from exploiting, manipulating an instrument of the game (bunch of bull), creating an unfair advantage(more bull), but they cannot stand in front of a judge and explain that they gave one offender 1 game (when the evidence was so overwhelmingly clear that he was a heinous individual) and another purported offender 6 games for the same alleged offense, without any clear, consist evidence that he was an abuser. All of this doesn’t matter in kangaroo court but in litigation, there is a clear case of discrimination that can be argued.

  9. Henderson is a former cop and lawyer. He knows what he can and can not do. Zeke has not produce one single piece of evidence that disproves those pictures. He has offered nothing more then a tray at work slapped her around, a bar fight that may have happened or not or she slapped herself around. Kessler is just going to victim shame and that is not a defense, legal or moral. Zeke has got nothing. His only hope at a reduction is to apologize and man up. But as Brady proved, there is nothing honorable about manning up.

  10. The NFL can and will do whatever they want to do until the NFLPA works out a more fair process in the next contract. The whole deflate BS proved that. Roger owns the ball and will take it and run home whenever he wants to. Brady was innocent, the court knew it, everyone knew it, but he still was suspended.
    What I don’t like is this will give the Cowboy fans something to point to when they finish third in the NFC East this year.
    Hail To The Redskins!

  11. This is ridiculous. Why can’t the NFL and NFLPA go out and hire a couple of neutral arbitrators? I thought that was the plan after the Brady debacle. Roger sucks!

  12. Again, I ask: how can the league compel Tiffany’s testimony? if you’re going to argue that the league should compel her to testify and to submit to cross, perhaps you might want to mention where the league gets that authority.

  13. limakey says:
    August 28, 2017 at 8:42 pm

    Henderson is a former cop and lawyer. He knows what he can and can not do. Zeke has not produce one single piece of evidence that disproves those pictures.
    —————————-

    Just like with Brady, how do you provide evidence of something that didn’t happen?

  14. “He has offered nothing more then a tray at work slapped her around, a bar fight that may have happened or not or she slapped herself around.”

    He’s going to offer her OWN texts and phone records as their defense, as in:

    1) She tried to get her friend to lie for her and say she witnessed the alleged beating.
    2) She threatened Zeke and told him to pay up because the authorities will believe a white woman over a black man.
    3) After he broke up with her, she tried to call him 50x in 7 hours!

    Oh, and the prosecutor found her to be so incredulous that they declined to press charges. Other than all that, yup, guilty as sin because a white woman woukd NEVER lie about a black man assaulting her, right?

  15. limakey says:
    August 28, 2017 at 8:42 pm
    Henderson is a former cop and lawyer. He knows what he can and can not do. Zeke has not produce one single piece of evidence that disproves those pictures. He has offered nothing more then a tray at work slapped her around, a bar fight that may have happened or not or she slapped herself around. Kessler is just going to victim shame and that is not a defense, legal or moral. Zeke has got nothing. His only hope at a reduction is to apologize and man up. But as Brady proved, there is nothing honorable about manning up.

    ———————-
    What would you expect him to produce? “here is a picture of me not beating her”? This should not turn into folks thinking unless he can prove he didnt then its assumed he did. Its supposed to be the other way around. In court it is but I am less sure in the NFL processes?

    Also, I thought the bar fight was established as having happened, not by Zeke’s testimony he wasnt there, but by the testimony of others that were.

  16. guyjuneguyjune says:
    August 28, 2017 at 7:35 pm
    Players think they can protest social issues within NFL venues because they have freedom of speech. The NFL can stop this anytime they want because they own the venues, rights, patents and logos etc. Players who “protest” on any NFL “platform” are “using”/infringing on what the NFL owns. The NFL is only allowing it to happen. If it gets out of hand…they’ll simply disallow it and players will be subject to fine or suspension if they do it.

    ————-
    There is precedent for this. While one famous example of a protest was allowed, other players that wanted to show their support for the Dallas police officers that were killed we ordered not to do so. Also I recall when DeAngelo Williams dyed his dreadlocks pink to show his support fir his mothers cancer battle he was told to stop. This got questioned because it was his own hair not the uniform he was altering but because of how they trailed outside his helmet when he was in uniform they said it was part of the image. He was told he could dye his dreadlocks any other color, that was his own freedom, just not pink because thats when it became a statement. So the NFL is not really allowing freedom of speech, they are using their authority to allow/disallow different protests to take sides. But that is their legal right too. Just like we can allow political sign in our front yard while not allowing a different one.

  17. Good luck with any union lawsuit. The NFL has followed the appeal guidelines to the letter and the union has no chance of winning a lawsuit. No other professional sport has anywhere near the amount of player transgressions as the NFL and that’s what the union should be trying to improve. The girl wasn’t perfect but an unacceptable degree of violence happened and Elliot refuses to acknowledge a role in it. Because of his talents people have been covering up for him his entire football life which won’t help him grow as a person.

  18. limakey says:
    August 28, 2017 at 8:42 pm
    Henderson is a former cop and lawyer. He knows what he can and can not do. Zeke has not produce one single piece of evidence that disproves those pictures. He has offered nothing more then a tray at work slapped her around, a bar fight that may have happened or not or she slapped herself around. Kessler is just going to victim shame and that is not a defense, legal or moral. Zeke has got nothing. His only hope at a reduction is to apologize and man up. But as Brady proved, there is nothing honorable about manning up.
    ———————————————————————

    Well the DA in Columbus felt otherwise which compelled to not pursue charges, so if you think the photos are all that matters you are either ignorant of the facts or willfully ignorant. People with truth on their side don’t need to ask their friends to risk their own futures by lying to police, hatch plans to release sex videos to destroy the others marketability, or plan extortion.
    There’s lots of reasons not to like Elliott. Maybe you’re a Michigan fan, fan of another NFC East team, or just tired that the Cowboys are the most marketable team in the league, or even that you think Dallas stands between your team and the NFC championship. That’s fine, I guess. Doesn’t mean he deserves this railroad job, being sacrificed by the league to atone for past sins. The fact is, there are lots of bad people in this world today, and sometimes they come in the form of a hot young woman who just can’t get over the idea that she isn’t going to share in the future millions that the man she was having sex with is going to make.

  19. finnymcphin says:
    August 28, 2017 at 7:37 pm
    ————————

    The NFL does not need to prove it’s case. It’s case was disproved against Brady and the court did not care. Goodell can do as he pleases and unless this case goes to the Supreme Court nothing is going to change that.
    _________
    The difference is he was suspended for conduct detrimental to the league….Kinda hard to disprove that because Goodell gets to decide what conduct detrimental to the league is. This case has so many holes in it it is not funny. And it is setting a bad precedent to suspend someone over accusations that the police didn’t even find credible.

  20. mmack66 says:
    August 28, 2017 at 9:17 pm
    limakey says:
    August 28, 2017 at 8:42 pm

    Henderson is a former cop and lawyer. He knows what he can and can not do. Zeke has not produce one single piece of evidence that disproves those pictures.
    —————————-

    Just like with Brady, how do you provide evidence of something that didn’t happen?

    ———————–
    IKR? Whats he going to do? “Here is a picture of me not beating her”. Thats the whole reason why the system was designed for people to be innocent until proven guilty is because the opposite is totally unworkable.

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