Zeke suspended!

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Re: Zeke suspended!

Post by coolnerd » Fri Sep 01, 2017 5:26 am

Why the Week 1 matchups between the Cowboys and Giants 5 out of 6 years? Maybe it's not about money, but about ensuring that all suspended Cowboys will miss at least one of the games against the Giants. And of course there are always more suspensions for the Cowboys than the Giants. Life in the NYFL!

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Re: Zeke suspended!

Post by John » Fri Sep 01, 2017 8:54 am

Ezekiel Elliott files lawsuit to vacate suspension

Posted by Mike Florio on September 1, 2017, 12:51 AM EDT



The race to the courthouse is over before it even started.

Cowboys running back Ezekiel Elliott has filed a pre-emptive lawsuit challenging the appeal process arising from the six-game suspension imposed upon him by Commissioner Roger Goodell.


The petition seeks a ruling from the U.S. District Court for the Eastern District of Texas vacating the eventual ruling in the case, which would block the suspension to be imposed by the NFL, presuming that arbitrator Harold Henderson affirms all or part of the pending six-game banishment.

Elliott moved quickly to file suit because the NFL filed the first lawsuit two years ago in the Tom Brady case, rushing to federal court in Manhattan immediately after the ruling on Brady’s appeal became final. Though the league lost at the district court level, the NFL prevailed in the appeals court.

With the league likely to file a lawsuit promptly after the ruling is issued again, Elliott short-circuited the process.

The NFL undoubtedly will argue that, by not waiting for a final ruling, Elliott failed to exhaust his available remedies under the Collective Bargaining Agreement. Elliott undoubtedly will argue that compliance with the internal procedures would have been futile, given the various flaws in the process.

The process was indeed flawed, in multiple ways. Elliott’s accuser never testified under oath, Commissioner Roger Goodell did not personally observe testimony from Elliott or his accuser, Tiffany Thompson. Also, Henderson refused to compel the league to make Thompson available to testify at the appeal hearing. He also declined to force the league to produce the notes of the league’s interviews with Thompson.

As a practical matter, the admission by NFL investigator Kia Roberts that she recommended no suspension of Elliott will likely get the attention of the judge to whom the case is assigned.

The first battle will entail an effort to delay any suspension until the litigation has concluded. The goal will be to get a ruling on that effort as soon as possible, so that Elliott will be able to practice next week and play in Week One, and beyond.
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Re: Zeke suspended!

Post by John » Fri Sep 01, 2017 10:30 am

Elliott alleges existence of a “conspiracy” to suspend him

Posted by Mike Florio on September 1, 2017, 1:29 AM EDT




A case that already has been nasty has gotten even nastier. And what appears to be a clumsily constructed case against Ezekiel Elliott could be on the verge of a collapse. And the collapse could shake the foundation of 345 Park Avenue.

In 30-page petition filed late Thursday in a Texas federal court, Elliott contends that he was the victim of a “League-orchestrated conspiracy . . . to hide critical information” from Commissioner Roger Goodell and others in connection with the domestic violence allegations made against Elliott by Tiffany Thompson. Elliott, who seeks a reversal of the suspension, argues that NFL Director of Investigations Kia Roberts concluded that Thompson “was not credible in her allegations of abuse,” and that insufficient evidence existed to corroborate her claims. Elliott alleges that the opinions of Kia Roberts were concealed from critical aspects of the disciplinary process.



The contention of a conspiracy emanates from the alleged decision to keep Roberts away from a June 26 hearing, at which time the evidence was presented to four outside experts who would make recommendations to Goodell, and from a separate meeting with Goodell. The focal point of the conspiracy allegation seems to be NFL Special Counsel for Investigations Lisa Friel.

Roberts, according to the petition, was the only lead investigator to interview Thompson, and Roberts co-authored a 160-page investigation report. Roberts nevertheless was not present for the key proceeding that resulted in the initial six-game suspension, when evidence was presented to (and questions were posed by) the four experts who advised Goodell on discipline.

Friel herself allegedly told Goodell during a separate meeting that there was sufficient evidence to justify discipline. Roberts allegedly was not present for that meeting, which means that Goodell never heard about her concerns regarding Thompson’s credibility.

“[T]he NFLPA and Elliott do not seek in this Petition for the Court to make its own determinations about Elliott’s or Thompson’s credibility, or any other matter of fact-finding properly left to the arbitrator,” the petition states. “Rather, the controlling and paramount legal question presented here is whether an arbitration concerning the existence of ‘credible evidence’ for employee discipline based on ‘he-said/she-said’ claims of domestic violence can be fundamentally fair when senior NFL Executives have conspired to obscure (including from the Commissioner and his advisors) their own Director of Investigations’ conclusion that there was no credible evidence upon which to impose discipline, and the arbitrator has refused to require the NFL to make available for testimony and cross-examination: (i) the accuser whose credibility is at issue (or the investigative notes of her six interviews), and (ii) the Commissioner who was deprived of critical facts in making his disciplinary determination”

The petition also points to various procedural flaws, including the decision of the league to insulate Thompson from cross-examination and a refusal to share investigation notes from six different NFL interviews of Thompson. The petition likewise chides arbitrator Harold Henderson for refusing to require testimony from Goodell, who made the decision to impose discipline.

“Without testimony from the Commissioner, it was not possible to determine the full impact of the conspiracy, or precisely what the Commissioner knew or did not know about his co-lead investigator’s conclusion that there was not sufficient credible evidence to proceed with any discipline under a League Personal Conduct Policy that requires ‘credible evidence’ to support the charges in a case like this, where the player has been accused of domestic violence, but law enforcement investigated and rightly declined to bring any charges due to conflicting evidence and inconsistent accounts of the alleged events,” the petition explains.

The procedural flaws were obvious throughout the various steps of the process. On Thursday night, the misgivings of Kia Roberts became apparent for the first time. If, as the petition claims, Roberts was kept away from key meetings that resulted in the suspension, the entire case against Elliott could implode.

At a minimum (if the claim of Roberts’ non-involvement is accurate), Goodell should be required to vacate the discipline and make the decision all over again, with the full benefit of Roberts’ conclusions and opinions being shared both with Goodell and the outside experts.

Separate questions will arise regarding whether and to what extent this highly irregular circumstance (if, again, the allegations are accurate) could or should affect the ongoing employment of various persons whose fingerprints are on the alleged conspiracy. Depending upon how deep the rabbit hole goes, it’s possible that the ensuing shakeup could go all the way to the very top of the organization.
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Re: Zeke suspended!

Post by tom » Fri Sep 01, 2017 11:36 am

I'm thinking this may drag out, and he may be able to play this season. Damn....I should have drafted him in my fantasy leagues.

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Re: Zeke suspended!

Post by MattN » Fri Sep 01, 2017 11:47 am

Excellent legal move, but, it may just delay the inevitable.

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Re: Zeke suspended!

Post by John » Fri Sep 01, 2017 2:02 pm

This pretty much means he will play this whole season.
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Re: Zeke suspended!

Post by coolnerd » Fri Sep 01, 2017 4:33 pm

Subtle approach, in that it gives Goodell a way to reverse his decision while saving face -- by claiming he wasn't given all the information initially, and throwing an underling under the bus.

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Re: Zeke suspended!

Post by Hollywood4341 » Tue Sep 05, 2017 9:59 pm

MattN wrote:
Sat Aug 26, 2017 3:40 pm
Hollywood4341 wrote:
Fri Aug 25, 2017 6:17 pm
MattN wrote:
Wed Aug 23, 2017 7:54 pm


I disagree based on evidence...meaning, evidence proving this is all a big bag of BS. The NFL clearly cherry-picked what they wanted to hear.

2 games.
You don't get it Matt. That is my whole point. Evidence does not matter. Goodell is GOD. He can do whatever he wants. This is not a court of law with a fair trial where you are innocent until proven guilty. It is Goodell law.

Zeke's defense asked for copies of the investigators report -DENIED
They asked for Tiffiney Thompson to be present at the Appeal - DENIED

:thehammer: 6 GAMES , Next

I do agree this is BS and not fair
2 games.. I gotta believe.
As I said ......6 games. Sad Day
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Re: Zeke suspended!

Post by John » Wed Sep 06, 2017 8:06 am

Ezekiel Elliott’s legal team: Harold Henderson unable “to navigate through legal politics”

Posted by Charean Williams on September 5, 2017, 8:53 PM EDT



Ezekiel Elliott‘s legal team had a statement ready, obviously expecting arbiter Harold Henderson to uphold the six-game suspension the NFL imposed on the star running back.

Only minutes after Henderson rendered his decision, near the end of a court hearing in Sherman, Texas, Elliott’s attorneys reacted, via ESPN’s Adam Schefter:




“We received arbitrator Harold Henderson’s decision to uphold Mr. Elliott’s suspension of six games. We are extremely disappointed with Mr. Henderson’s inability to navigate through legal politics, and follow the evidence, and, most importantly, his conscious. The evidence that Mr. Elliott and his team presented on appeal clearly demonstrated that Mr. Elliott was the victim of a conspiracy orchestrated by the National Football League and its officers to keep exonerating evidence from the decision-makers, including the advisors and Roger Goodell. The only just decision was to overturn the suspension in its entirety. Mr. Elliott is looking forward to having his day in federal court where the playing field will be level and the NFL will have to answer for its unfair and unjust practices.”

Judge Amos L. Mazzaint III is expected to rule by Friday on the preliminary injunction motion, per a source.
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Re: Zeke suspended!

Post by MattN » Wed Sep 06, 2017 8:06 pm

Hollywood4341 wrote:
Tue Sep 05, 2017 9:59 pm
2 games.. I gotta believe.
As I said ......6 games. Sad Day
zero games

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Re: Zeke suspended!

Post by John » Thu Sep 07, 2017 8:47 am

Zero games LOL. Well, we will know Friday. I would think the injunction will be implemented.
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Re: Zeke suspended!

Post by MattN » Fri Sep 08, 2017 6:08 pm

ZERO GAMES!

http://www.nfl.com/news/story/0ap300000 ... 12660911=1
Judge Amos Mazzant

"The question before the court is merely whether Elliott received a fundamentally fair hearing before the arbitrator," Mazzant wrote. "The answer is he did not. The court finds, based upon the injunction standard, that Elliott was denied a fundamentally fair hearing by [arbitrator Harold] Henderson's refusal to allow [former girlfriend Tiffany] Thompson and [NFL Commissioner Roger] Goodell to testify at the arbitration hearing. Their absence ... effectively deprived Elliott of any chance to have a fundamentally fair hearing. The court grants the request for preliminary injunction."

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Re: Zeke suspended!

Post by coolnerd » Fri Sep 08, 2017 6:27 pm

BAM :thehammer:

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Re: Zeke suspended!

Post by Hollywood4341 » Fri Sep 08, 2017 8:23 pm

MattN wrote:
Fri Sep 08, 2017 6:08 pm
ZERO GAMES!

http://www.nfl.com/news/story/0ap300000 ... 12660911=1
Judge Amos Mazzant

"The question before the court is merely whether Elliott received a fundamentally fair hearing before the arbitrator," Mazzant wrote. "The answer is he did not. The court finds, based upon the injunction standard, that Elliott was denied a fundamentally fair hearing by [arbitrator Harold] Henderson's refusal to allow [former girlfriend Tiffany] Thompson and [NFL Commissioner Roger] Goodell to testify at the arbitration hearing. Their absence ... effectively deprived Elliott of any chance to have a fundamentally fair hearing. The court grants the request for preliminary injunction."
Haha ! Ok Ok
Yes zero for now. But the 6 games could still come later even next year. Hope it just goes away
Victory has 1000 fathers but defeat is an orphan

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