NFL lawyer tells judge Elliott has “no chance” of winning

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The NFL strongly believes that the ultimate outcome of the Tom Brady litigation gives the league a clear path to victory over Ezekiel Elliott. During Tuesday’s hearing on Elliott’s petition for a temporary restraining order, NFL lawyer Dan Nash said that Elliott has “no chance” to win.

The league’s confidence comes from an interpretation of the final Brady decision from the U.S. Court of Appeals for the Second Circuit (which has jurisdiction over New York federal cases) that, in the view of the NFL, makes it impossible for Elliott to prevail in a court that is required by law to apply the Brady precedent.

“[T]hey didn’t want to be here,” Nash told Judge Paul Crotty. “They didn’t want to confront the Brady decision because they know under the Brady decision they have no chance of success on the merits, none.”

Judge Crotty disagreed, calling the league’s belief that the Brady case means that the NFL isn’t required to use fundamental fairness in disciplinary proceedings “plain wrong.” The next question becomes whether the judge to whom the case was originally assigned, Katherine Polk Failla, agrees when she convenes a hearing on the question of whether the temporary restraining order will become a preliminary injunction, which would block Elliott’s suspension until the litigation ends.

When she takes up the case, the question of irreparable harm will once again be front and center. Players consistently have managed to persuade judges that a subsequent award of financial damages can’t fully compensate a player who misses games that he can never get back.

10 responses to “NFL lawyer tells judge Elliott has “no chance” of winning

  1. He has no chance of win because the issues that the NFLPA used in the Brady case had no merit. Zeke got a fair hearing and fair appeals hearing. Zeke had no credible answers to the only evidence that mattered, the pictures and the intake interview.

  2. Is there anyone else out there who’s as sick and tired of the constant/endless appeals in the NFL as I am?

  3. Our nation is less and less built upon laws. Judges don’t rely on precedent like they have in the past. Judges of both political persuasions apply their political point of view in lieu of legal requirements and precedent etc. Which is why we see so many cases overturned these days at the appellate level and we have circuits like the 9th who have something like 90% of their cases that are appealed to the Supreme Court overturned. This entire case is just a sad commentary on the state of our judicial system.

  4. WINNERS & LOSERS

    Winner: Tiffany Thompson, the woman who accused Elliott and attempted to blackmail him over the accusations. The depth of her accusations could not only derail a player’s season, but hurt his entire career. If Zeke Elliott is guilty, then he deserves it. If Zeke Elliot is not guilty, then he is a victim. Regardless, the NFL has suspended a player despite paltry evidence that even law enforcement wasn’t willing to believe enough to further pursue.

    Loser: The NFL. The NFL is already suffering from a history of players with domestic violence issues as well as fan backlash over certain players who have chosen to protest “oppression by law enforcement” by sitting or kneeling during the National Anthem and presentation of the American flag. The NFL’s prestige and value is truly suffering from a near-perfect storm of bad publicity. They lose if they push this and they lose if they don’t.

  5. He doesn’t stand a chance because the NFL and the NFLPA have an agreement that gives the Commissioner full control of player discipline.

  6. spencekin says:
    October 22, 2017 at 2:10 pm
    Our nation is less and less built upon laws. Judges don’t rely on precedent like they have in the past. Judges of both political persuasions apply their political point of view in lieu of legal requirements and precedent etc. Which is why we see so many cases overturned these days at the appellate level and we have circuits like the 9th who have something like 90% of their cases that are appealed to the Supreme Court overturned. This entire case is just a sad commentary on the state of our judicial system.

    ==================

    First, the 9th Circuit’s overturn rate is not the highest, nor is its overturn rate 90% (it is 79%). It’s in the top half by overturn rate (there are only 13 circuits), but it’s not a significant outlier. More importantly, the statistic itself is very misleading. The Supreme Court only accepts about .1% of the cases submitted for its review, which means the Court will only accept cases with questions that it believes are both 1) unsettled by existing law, and 2) important enough to warrant the Court’s attention. In other words, the cases before the Supreme Court are always really important, always really complicated, and always address decisions that appellate courts had to make without clear guidance from existing law. So, yeah, the Supreme Court overturns the majority of the decisions it reviews, but it’s not because appellate judges rule based on political whims. It’s because the Supreme Court only reviews the most difficult decisions. 99.9% of cases submitted to the Court never even get reviewed, because they are based on settled law and therefore much likelier to be ruled on correctly by the circuit court. Most appellate judges take their jobs and oaths very seriously, and their rulings are usually correct.

    And for the record, despite the public perception (because only the most contentious cases get public attention), the Supreme Court, which is the most politically divided court in America (with four staunch liberals and four staunch conservatives), ruled unanimously (8-0 or 9-0) in over 50% of its decisions last term. Only 14% of its decisions were 5-3 or 5-4. The judiciary is the only one of this country’s three branches that still puts its duty before politics. The perception otherwise is rooted sensationalism, and the fact that most people have little to no understanding of how our court system actually works.

  7. Chris, no one wins in domestic violence cases. The NFL “won” because they had equipment that was able to prove when the pictures were take and they were authentic. They compared them to her intake evidence. She never blackmailed him over the injuries. They believed the evidence. The District Attorney believed her. Charges were not filed because he had different responsibility. Tiffany Thompson is a winner because she spoke up. She told the truth about how she was injuried. There were more witnesses than just her and Zeke.

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