Phire Posted October 31, 2017 Share Posted October 31, 2017 19 minutes ago, bigbadbuff23835 said: What I don’t get is suspending him under the DV stipulation. I get that under the CBA they can suspend him for just bringing a bad image to the league but to say he’s suspended for DV is wrong because he wasn’t criminally charged. Suspend him under a different name is I guess what I’m saying. This isn't a criminal proceeding. The NFL isn't prosecuting any charges. They can literally suspend him for being a crappy boyfriend. They haven't said they are suspending him because they think he's criminally guilty of domestic violence. Lane Johnson got suspended 8 games for taking a substance that a NFLPA designed mobile app said was OK to take. Josh Gordon has gotten longer suspensions too. You guys REALLY think, if the NFL thought Zeke was guilty of DV, that he'd get SIX games? Link to comment Share on other sites More sharing options...
///mcompact Posted October 31, 2017 Share Posted October 31, 2017 Philly Mod with vested interest.. Link to comment Share on other sites More sharing options...
mse326 Posted October 31, 2017 Share Posted October 31, 2017 6 minutes ago, ///mcompact said: Philly Mod with vested interest.. Hooray for ad hominem attacks. The apex of good debate and discussion. Link to comment Share on other sites More sharing options...
fretgod99 Posted October 31, 2017 Share Posted October 31, 2017 1 hour ago, ///mcompact said: Philly Mod with vested interest.. I mean, if you need a non-Philadelphia fan who's also a lawyer to corroborate everything he's saying, there are a few of us around. So let me go ahead and cosign all his posts here now to alleviate your fears. Link to comment Share on other sites More sharing options...
mse326 Posted October 31, 2017 Share Posted October 31, 2017 4 minutes ago, fretgod99 said: I mean, if you need a non-Philadelphia fan who's also a lawyer to corroborate everything he's saying, there are a few of us around. So let me go ahead and cosign all his posts here now to alleviate your fears. I was gonna do that to but as a Texans fan living in Philly I figured he'd just say I have double the incentive Link to comment Share on other sites More sharing options...
fretgod99 Posted October 31, 2017 Share Posted October 31, 2017 I mean, it's laid out pretty clearly in the order. The purpose of the courts here is not to rearbitrate the decision. They are there to ensure that both sides of this dispute lived up to their obligations under the CBA. It's been said here and in how many of these other threads (by me and others), this boils down to the NFLPA doing a truly terrible job of negotiating in the last round. They got specifically what they bargained for. Whether it's a terrible system of punishment or not is largely irrelevant; whether it's how anybody else would set it up and decide these cases is irrelevant; what matters is that this is how these parties set it up on purpose. And the arbitrator complied with the agreed upon procedures when the decision was made, regardless of which decision was made. Basically, the fundamental unfairness argument falls flat because you got exactly the process you bargained for. You made your bed, now lie in it. So is there some remote possibility that exists under the heavens that this could be appealed and this decision overturned again? I suppose so, but it's remote (to put it very lightly). Link to comment Share on other sites More sharing options...
raiderrocker18 Posted October 31, 2017 Share Posted October 31, 2017 3 hours ago, Phire said: Straight from her opinion: "On the issue of irreparable harm, as noted in the preceding section, the harms identified by the NFLPA are either speculative, insufficient to warrant the extraordinary remedy of injunctive relief, and/or outweighed by the concerns identified by the NFLMC." What you said is one part of the analysis. I understand you won't let your conclusion go, but I have the judge on my side here. Judge Failla puts the case law back on track where it should be—millionaire athletes taking a vacation isn't the type of "irreparable harm" a TRO is intended to protect. The NFLPA should negotiate a better CBA if they want to avoid this type of situation. Sadly for us fans, they WILL negotiate hard the next time, and it may take a long, long time to reach a resolution. right. judge fallia ruled one way, mazzant ruled another way on the exact same question. it's an interpretation/discretion thing... i certainly thought there were grounds to warrant an injunction. this court disagreed. it happens all the time Link to comment Share on other sites More sharing options...
Thomas5737 Posted October 31, 2017 Share Posted October 31, 2017 4 hours ago, jebrick said: This needs repeated every time these cases come up. This is Labor law not criminal law. The NFLPA will no longer exist before the owners give them anything that they don't really want to give. They will just roll with replacement players until the players cross the line, and most would, and new players are drafted/signed. Players have short careers and are going to chase the dollar because most are only getting one or maybe two contracts, they can't wait anything out. The owners would take a hit for a couple years but would survive. A new union would be put in place and that union would know that they are very limited in what they can do, much like the current union knows. Blaming the NFLPA for anything is ridiculous because they have no real power to do much of anything. They aren't weak because they won't fight the bully, they won't fight the bully because they are too weak. It isn't ever going to change. It is just the nature of the sport. Link to comment Share on other sites More sharing options...
cddolphin Posted October 31, 2017 Share Posted October 31, 2017 The judge who dissolved the temporary restraining order blocking the suspension of Zeke is married to a partner at the law firm which helped craft the current CBA. http://profootballtalk.nbcsports.com/2017/10/31/elliott-judges-husband-works-for-law-firm-that-helped-craft-cba/ Link to comment Share on other sites More sharing options...
mse326 Posted October 31, 2017 Share Posted October 31, 2017 8 minutes ago, cddolphin said: The judge who dissolved the temporary restraining order blocking the suspension of Zeke is married to a partner at the law firm which helped craft the current CBA. http://profootballtalk.nbcsports.com/2017/10/31/elliott-judges-husband-works-for-law-firm-that-helped-craft-cba/ I don't think that is enough to be considered a conflict. Unless her husband may somehow benefit from her decision this seems to far removed. Plus I guarantee the NFLPA knew this and if they had an issue could have asked for it to be reassigned. Link to comment Share on other sites More sharing options...
jebrick Posted October 31, 2017 Share Posted October 31, 2017 36 minutes ago, Thomas5737 said: The NFLPA will no longer exist before the owners give them anything that they don't really want to give. They will just roll with replacement players until the players cross the line, and most would, and new players are drafted/signed. Players have short careers and are going to chase the dollar because most are only getting one or maybe two contracts, they can't wait anything out. The owners would take a hit for a couple years but would survive. A new union would be put in place and that union would know that they are very limited in what they can do, much like the current union knows. Blaming the NFLPA for anything is ridiculous because they have no real power to do much of anything. They aren't weak because they won't fight the bully, they won't fight the bully because they are too weak. It isn't ever going to change. It is just the nature of the sport. To slightly highjack a thread... The Players knew what they were voting for. The Steelers where the only team to vote against the CBA for just this reason. So no one can say that the players did not know what they were getting. In the end, the CBA has benefited more players than have been hurt by this process. For every Brady and Elliot there are hundreds if not thousands of players who have made more money and gotten better health coverage. The players wanted more money and the owners wanted other things. This was the compromise. Link to comment Share on other sites More sharing options...
Thomas5737 Posted October 31, 2017 Share Posted October 31, 2017 11 minutes ago, jebrick said: To slightly highjack a thread... The Players knew what they were voting for. The Steelers where the only team to vote against the CBA for just this reason. So no one can say that the players did not know what they were getting. In the end, the CBA has benefited more players than have been hurt by this process. For every Brady and Elliot there are hundreds if not thousands of players who have made more money and gotten better health coverage. The players wanted more money and the owners wanted other things. This was the compromise. They knew what they were getting, I'm not debating that. The owners said no to everything that the players wanted and took items off of the board that they just brought up to take away to make it look like they were sacrificing something. The owners have full control. If things are done wrong people shouldn't blame the players or the NFLPA as they have no real authority. So it isn't the owners fault that they are doing the wrong thing it is the NFLPA's fault for letting them. That is like saying it isn't Webby's fault that I can't talk about politics/race/religion etc... here it is my fault for letting him make the rules that he has complete control over as the owner of the entity. Link to comment Share on other sites More sharing options...
bigbadbuff23835 Posted October 31, 2017 Share Posted October 31, 2017 So is going to appeal or go back to a Texas Court? Link to comment Share on other sites More sharing options...
mse326 Posted October 31, 2017 Share Posted October 31, 2017 5 minutes ago, bigbadbuff23835 said: So is going to appeal or go back to a Texas Court? I think the time to request a rehearing en banc in the 5th Cir. has expired. So his only option is to appeal this decision to the 2nd decision. Link to comment Share on other sites More sharing options...
Matts4313 Posted October 31, 2017 Share Posted October 31, 2017 5 minutes ago, bigbadbuff23835 said: So is going to appeal or go back to a Texas Court? Texas court already shot it down, even though @Phire keeps claiming otherwise. Link to comment Share on other sites More sharing options...
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