Monthly Archives: August 2017

Upvoted: Attorney here to chime in re: Why Elliot’s suspension won’t be overturned or even reduced at this point, nor do I believe he will even play while this is sorted out. via /r/fantasyfootball

I'm an attorney and let me explain what is happening and express my opinion that this changes nothing, and in fact may actually eliminate the chance that Elliot's suspension get's reduced. This is an attempt by Elliot's team to do 2 things:

Seeing that the appeal is this week, it is a message to the league that Elliot's team is going to use every avenue to combat this, in an effort to influence the league to give Henderson a "wink and a nod" to come to an agreement to reduce the suspension by a game or two.

It's also the union putting on a dog and pony show to their base (the players) that they have their best interests at heart, even though they know they have no real legal leg to stand on here. The union royally screwed up in the last round of collective bargaining by focusing in negotiations solely on revenue issues and not enough on the player conduct suspension mechanism snuck in right under their nose.

Elliot and his team are trying an age old trick with this appeal that has failed since the beginning of our legal system. They are trying to re-examine the issue of the facts of the case on appeal. It doesn't work like that. Appeals are for the examination of PROCEDURAL errors, that could lead to a different outcome if the proper procedure was followed in the first place. There is no reason for the girlfriend to testify and that is why it was denied. That ship has sailed already in the investigation and if you think "Well that doesn't sound fair" then blame the NFLPA for not giving a crap about giving Goodell and the NFL unilateral power in this. It's the same thing with the argument that Henderson is not an "independent arbitrator". Well guess what- NFLPA you agreed to have the NFL appoint the arbitrator. Don't come back now and blame the NFL for doing exactly what you authorized them to do. NOW- there is ONE more strike here against Elliot- and that is the legal concept of which everything we do is based on – PRECEDENT. Brady v. NFL addressed all of these issues, with the appellate court saying the following:

"We hold that the commissioner properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness. Accordingly, we reverse the judgement of the district court and remand with instructions to confirm the award."

Essentially- the issue of whether the NFL has the broad authority to do exactly what it is doing right now has already been decided. It's law now and not a novel issue for a court of law to discuss and examine, unless PROCEDURALLY there is a difference between the two cases to distinguish them.

Finally, here is why this hurts Elliot and is very short sighted by him and the union:

The NFL knows that a court won't ever get involved in this in a post-Brady world. I don't even think that the NFLPA and Elliot could get a lower court judge to issue a stay of the suspension while they look into the issue. It's already been decided. Elliot's move was to walk into the appeal hearing, show complete contrition, counseling and do a mea culpa, take his 2 game reduction and just move on.

At this point he and his team are just antagonizing the NFL, who is now going to look like they were bullied into reducing his suspension if they do, and that can't happen because of how it will affect every suspension ever going forward.

Tl/DR: Elliot's suspension won't get reduced for legal reasons AND because he misplayed his hand so poorly in how his team is moving on this.

Submitted by TheImmatureLawyer
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