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lesjroza

Elliott hearing, redraft owners unite! -What do we want?

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The Elliott situation is not my typical type of play but post-auction I find myself in the uncomfortable position of owning him this year. Plans A,B, and C were just too expensive for my taste and now I have the morning after blues.

 

What are we really hoping for as a result of this hearing?

 

"Arbitrator says no reduction" seems like the best outcome because I'd have to think the Cowboys, Elliott,and the players union go to the mat at that point....... which may give it a solid chance of no resolution this year meaning we get the full Elliott.

 

A reduction to 2 games, maybe everybody says, ehh we'll take it, not as good but not awful

 

A reduction to 4 games is probably worst case for me. Elliott might accept it, and I'm likely toast this year since weeks 3 and 4 are double header weeks and with a divisional opponent each week.

 

Who's the axe on this subject? Talk me off the ledge!!!!!

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I don't know if the union will go to the mat for Elliot. For Brady, sure. He deflated some balls (allegedly). But Elliot beat a woman (allegedly). Did the players and union go to the mat for Ray Rice? How many teams had Mixon completely off their draft boards?

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I believe there is precedent in regard to the NYG kicker that got 6 games and then appealed. I believe, his was reduced to 1 game. So, I am thinking this one will get reduced to 1 or 2 games. I'm thinking 3 is the worst case scenario. I could be wrong though.

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I believe there is precedent in regard to the NYG kicker that got 6 games and then appealed. I believe, his was reduced to 1 game. So, I am thinking this one will get reduced to 1 or 2 games. I'm thinking 3 is the worst case scenario. I could be wrong though.

 

Perhaps. I'm thinking of the current mood nationally. So much attention has been forced onto domestic violence, the NFL was forced to start their own super-visible program to fight it. A lot of people are just about fed up with the NFL anyway on so many issues, and I think they and the players know it. It's a very different world post-Rice. Six seven years ago, no team bats an eye at Mixon coming out of college. For teams to totally take a talent like him off their draft boards? Big changes.

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It will be dropped to a 4 game suspension. 6 is too harsh for first offender regardless the situation.

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Perhaps. I'm thinking of the current mood nationally. So much attention has been forced onto domestic violence, the NFL was forced to start their own super-visible program to fight it. A lot of people are just about fed up with the NFL anyway on so many issues, and I think they and the players know it. It's a very different world post-Rice. Six seven years ago, no team bats an eye at Mixon coming out of college. For teams to totally take a talent like him off their draft boards? Big changes.

 

 

I get what you are laying down. I'm pretty sure the issue for the players union comes down to a lack of "proof" - thus a lack of any standard related to the bargaining contract to apply - thus Goodell as judge, jury, and executioner once again.

The mood has actually become quite contentious with the NFL ridiculously (and needlessly) issuing a statement accusing the players union of victim shaming and the NFLPA responding that the league hasn't in the past nor currently have any credibility and accusing them of slander. Seperately, there has been speculation the NFLPA may sue the league over the leagues accusation of spreading rumors that amount to victim shaming because that choice of words is not normally made without intention.

 

In any case, I hope you are misreading the situation, part of my case for Elliott was based on the acrimony spurring either a legal battle or the pressure to avoid one.

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what are the odds his attorneys tie this up like like Brady's did over the deflation crap? I gambled on Zeke this past weekend when he fell to the beginning of the 3rd. rostering David Johnson and Zeke just seemed like a no brainer at that point. Pretty sure my team and survive without him even for the full 6 weeks (plus bye week) loss, but man would it be nice to get him after 3 or even better have him the entire season.

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I believe there is precedent in regard to the NYG kicker that got 6 games and then appealed. I believe, his was reduced to 1 game. So, I am thinking this one will get reduced to 1 or 2 games. I'm thinking 3 is the worst case scenario. I could be wrong though.

Hell, i think Hardy's was 10 and reduced to 4 and there was much more evidence and a court case in that one.

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I get what you are laying down. I'm pretty sure the issue for the players union comes down to a lack of "proof" - thus a lack of any standard related to the bargaining contract to apply - thus Goodell as judge, jury, and executioner once again.

The mood has actually become quite contentious with the NFL ridiculously (and needlessly) issuing a statement accusing the players union of victim shaming and the NFLPA responding that the league hasn't in the past nor currently have any credibility and accusing them of slander. Seperately, there has been speculation the NFLPA may sue the league over the leagues accusation of spreading rumors that amount to victim shaming because that choice of words is not normally made without intention.

 

In any case, I hope you are misreading the situation, part of my case for Elliott was based on the acrimony spurring either a legal battle or the desperation toavoid one.

 

You're absolutely right about the union not liking GODell's power. And I don't have any idea what's actually likely or not. But I'm wary of thinking the union will automatically fight tooth and nail on this one.

 

This is a league, players included (they know how they get paid), that has desperately and obviously been trying to get women to watch. And they have caught so much heat for domestic violence. The union heads are at least speculating on how many people will be pissed off if they fight for a guy who's accused of beating a woman. It'll be interesting to see it play out for sure.

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You're absolutely right about the union not liking GODell's power. And I don't have any idea what's actually likely or not. But I'm wary of thinking the union will automatically fight tooth and nail on this one.

 

This is a league, players included (they know how they get paid), that has desperately and obviously been trying to get women to watch. And they have caught so much heat for domestic violence. The union heads are at least speculating on how many people will be pissed off if they fight for a guy who's accused of beating a woman. It'll be interesting to see it play out for sure.

Yeah, it's shaky ground to stand on for sure. We all know the bottom line, Zeke paid for this outside to make it go away. That ends the authorities case against him, but doesn't end the NFL and it's all encompassing "conduct detrimental" clause in all the contracts. How hard does the NFLPA beat it's chest on this? Does the NFL already know that Zeke paid someone off, which is somewhat of an admission of guilt on his part? Zeke is apparently a bit of a different story because he's not one of these guys that came out of poverty on his athletic ability...he apparently comes from a family that has some affluence. There's also rumors of his spoiled behavior since high school, which the NFL can't obviously take into consideration for his punishment but the NFLPA has to when trumpeting their belief of injustice on the severity of the punishment.

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Yeah, it's shaky ground to stand on for sure. We all know the bottom line, Zeke paid for this outside to make it go away. That ends the authorities case against him, but doesn't end the NFL and it's all encompassing "conduct detrimental" clause in all the contracts. How hard does the NFLPA beat it's chest on this? Does the NFL already know that Zeke paid someone off, which is somewhat of an admission of guilt on his part? Zeke is apparently a bit of a different story because he's not one of these guys that came out of poverty on his athletic ability...he apparently comes from a family that has some affluence. There's also rumors of his spoiled behavior since high school, which the NFL can't obviously take into consideration for his punishment but the NFLPA has to when trumpeting their belief of injustice on the severity of the punishment.

 

Solid points. If I were to bet, I'd bet they make some noise about it, but they don't push as hard as they could. The players are always keen to look like the downtrodden good guys. Going to the mat for Zeke here wouldn't fit that image.

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Perhaps. I'm thinking of the current mood nationally. So much attention has been forced onto domestic violence, the NFL was forced to start their own super-visible program to fight it. A lot of people are just about fed up with the NFL anyway on so many issues, and I think they and the players know it. It's a very different world post-Rice. Six seven years ago, no team bats an eye at Mixon coming out of college. For teams to totally take a talent like him off their draft boards? Big changes.

 

I can't remember that Giants kicker's name, but his case, I'm pretty sure was post the Ray Rice incident. Though, you make some good points. I don't know all the details of the investigation, but I know there has been a lot of question about the victim's credibility (text msgs with her friends about her planning to set him up as revenge and telling them what to say). The worst part for Zeke is his behavior since was extremely shoddy. You don't pull down some woman's shirt when you're employer is investigating you for domestic abuse. It's just a bad move!

 

I'm calling it at 3 games. If that's the case, I'd still want him on my team.

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I can't remember that Giants kicker's name, but his case, I'm pretty sure was post the Ray Rice incident. Though, you make some good points. I don't know all the details of the investigation, but I know there has been a lot of question about the victim's credibility (text msgs with her friends about her planning to set him up as revenge and telling them what to say). The worst part for Zeke is his behavior since was extremely shoddy. You don't pull down some woman's shirt when you're employer is investigating you for domestic abuse. It's just a bad move!

 

I'm calling it at 3 games. If that's the case, I'd still want him on my team.

 

Funny thing is, a buddy of mine kept him in a keeper league, while saying "Man, I don't like this dude, I kinda don't want him on my team and I kinda hope he is suspended so I don't have to cheer for him". Then he drafted Mixon :doh:

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I can't remember that Giants kicker's name, but his case, I'm pretty sure was post the Ray Rice incident. Though, you make some good points. I don't know all the details of the investigation, but I know there has been a lot of question about the victim's credibility (text msgs with her friends about her planning to set him up as revenge and telling them what to say). The worst part for Zeke is his behavior since was extremely shoddy. You don't pull down some woman's shirt when you're employer is investigating you for domestic abuse. It's just a bad move!

 

I'm calling it at 3 games. If that's the case, I'd still want him on my team.

I'm with you, i'm calling 2 or 3 (figuring Hardy got a reduction from 10 to 4 and Josh Brown from 6 to 1 if I remember). But I still expect they may tie it up in court with injunctions and appeals for quite some time.

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The NFL isn't going to indulge in victim shaming whether its warranted or not. I don't see it dropping below 4

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The NFL isn't going to indulge in victim shaming whether its warranted or not. I don't see it dropping below 4

But where's the victim?

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Solid points. If I were to bet, I'd bet they make some noise about it, but they don't push as hard as they could. The players are always keen to look like the downtrodden good guys. Going to the mat for Zeke here wouldn't fit that image.

 

 

BOOM!

 

https://sports.yahoo.com/ezekiel-elliotts-appeal-nfl-nemesis-deflate-gate-will-take-aim-6-game-suspension-222008834.html

 

Not the full article

 

"

The sources also told Yahoo Sports another significant development for Elliott: The NFLPA has once again called upon its most powerful outside attack dog, attorney Jeffrey Kessler. The sources said Kessler will be a significant part of Elliott’s appeal and the likely federal case filing that will occur next. The same Kessler who has waged war with the NFL on multiple high-profile occasions, including representing Brady in deflate-gate and the last antitrust case filed against the league. His involvement is key, largely because he is one of the most versed attorneys in the United States when it comes to the NFL and attacking it on the collective bargaining front.

A response time from the league is unknown, but in the event the six-game suspension is upheld, the NFLPA and Elliott’s defense team are expected to immediately file a lawsuit against the NFL in whatever federal jurisdiction it believes is most favorable to his case."

 

For now I'd say that piece of info changes the risk/reward equation in favor of Elliott redraft owners who are hoping to get as many '17 games played as possible.

I'd now bid more than I would have last night in an auction.

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BOOM!

 

https://sports.yahoo.com/ezekiel-elliotts-appeal-nfl-nemesis-deflate-gate-will-take-aim-6-game-suspension-222008834.html

 

Not the full article

 

"

The sources also told Yahoo Sports another significant development for Elliott: The NFLPA has once again called upon its most powerful outside attack dog, attorney Jeffrey Kessler. The sources said Kessler will be a significant part of Elliott’s appeal and the likely federal case filing that will occur next. The same Kessler who has waged war with the NFL on multiple high-profile occasions, including representing Brady in deflate-gate and the last antitrust case filed against the league. His involvement is key, largely because he is one of the most versed attorneys in the United States when it comes to the NFL and attacking it on the collective bargaining front.

A response time from the league is unknown, but in the event the six-game suspension is upheld, the NFLPA and Elliott’s defense team are expected to immediately file a lawsuit against the NFL in whatever federal jurisdiction it believes is most favorable to his case."

 

For now I'd say that piece of info changes the risk/reward equation in favor of Elliott redraft owners who are hoping to get as many '17 games played as possible.

I'd now bid more than I would have last night in an auction.

 

Welp, okay. Let's see what that does to the league's image. Interesting.

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I hope I'm not wrong but I just took him in the late 3rd (3.08..28th overall) in a 10 teamer. I think the most he serves is 4 & wouldn't be a bit surprised if this wasn't resolved until the off-season.

Grabbed DMC in the 10th just in case. :lol:

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Mike Florio of Pro Football Talk believes there is a "very good chance" Ezekiel Elliott plays Week 1.

Elliott's appeal will be heard on Tuesday morning with a decision likely to come in the next week. If the decision does not go his way, Florio believes Elliott will take the case to court, seeking an injunction which allows him to play while the legal situation shakes out. Of course, doing so would make it possible he misses late-season and even potentially playoff games instead of the first six. Even with the appeal today, this saga is far from over.

 

 

Scored Zeke on late first round on both of my leagues. No regret either way, I usually make playoff, that's when I need a big boost.

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drafting tonight, pick 10 of 10.

I'm thinking I got to take him if he's there. Same as above, I usually make the playoffs so I figure I can stomach it.

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Mike Florio of Pro Football Talk believes there is a "very good chance" Ezekiel Elliott plays Week 1.

Elliott's appeal will be heard on Tuesday morning with a decision likely to come in the next week. If the decision does not go his way, Florio believes Elliott will take the case to court, seeking an injunction which allows him to play while the legal situation shakes out. Of course, doing so would make it possible he misses late-season and even potentially playoff games instead of the first six. Even with the appeal today, this saga is far from over.

 

 

Scored Zeke on late first round on both of my leagues. No regret either way, I usually make playoff, that's when I need a big boost.

If there is a delay he could be suspended at the end of the fantasy season now.

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If there is a delay he could be suspended at the end of the fantasy season now.

 

Stepping back slowly. I'll draft somewhere else.

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If there is a delay he could be suspended at the end of the fantasy season now.

Yes, but this changes the dynamic completely. If Zeke is there to start the season people won't key in on McFadden, in fact I bet he'll be dropped in a lot of leagues. As the Zeke owner, as soon as that happens you grab him.

 

This whole situation is what I pointed out earlier in this thread, there's no way he isn't fighting. Even if the arbitrator comes back and reduces it to say 2 games, i still lock the thing up in court for as long as I can in the hopes of judge throwing it out. NFLPA and the players in general can't STAND Goddell right now, so they're going to do as much as they can to undermine the leagues authority on discipline, knowing they gave away too much power in the last CBA. It sounds like they're even willing to shoulder the PR issues that will surround this case. From what I read, there are some real issues with the woman that made the accusations, including allegations of blackmail.

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Tried to tell you guys, 0 games served this season. It wont be late, it will be next year.

 

This was posted on another site but it's a good read.

 

FROM TheImmatureLawyer on Reddit under Topic: Kessler to defend Elliott. Possible chance to serve suspension at start of 2018 season

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.

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This was posted on another site but it's a good read.

FROM TheImmatureLawyer on Reddit under Topic: Kessler to defend Elliott. Possible chance to serve suspension at start of 2018 season

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.

What a load of nonsense. There is an Appeal process put forth BY THE NFL. They reduce suspensions all the time. Saving face isn't part of this as we've seen countless times with reduced suspensions. Didn't Hardy get a reduction. That's some precedence for the NFL not worrried about saving face.

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every situation is unique. while there are similarities between this and Brady deflategate issue, there could indeed be procedural issues here which need to be addressed, and if I was Elliot's attorney, I would definitely allege them. The problem is that unlike any criminal allegations where the accused is innocent until proven guilty, the NFL works completely the opposite. it all goes back to their catch-all of "conduct detrimental". However, since this is a classic he-said/she-said situation. it's conceivable that they could argue that the NFL didn't collect enough facts on behalf of Elliot, which biased the NFL investigation, and seek an injunction on that front. it's a stretch to think one case which said the NFL was within it's collective bargaining power would be applied to a completely different investigation and set of facts. And remember, Brady was punished in part for not cooperating and allegedly impeding the NFL investigation. Per recent accounts, Zeke was much more cooperative.

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What a load of nonsense. There is an Appeal process put forth BY THE NFL. They reduce suspensions all the time. Saving face isn't part of this as we've seen countless times with reduced suspensions. Didn't Hardy get a reduction. That's some precedence for the NFL not worrried about saving face.

 

The NFL has gotten nothing but negative feedback from Hardy so why would they want to have that happen again?

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The NFL has gotten nothing but negative feedback from Hardy so why would they want to have that happen again?

Then Why have an appeal process at all?

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This is tough to figure out because I think the NFL would be open to reducing it to 3 games. Though, I don't think Zeke and his camp will go along with that. The sad part is that if he fights it all the way to court, he'll lose and get no reduction and be stuck with missing 6 games which could end up being very bad timing. He probably could have gotten this reduced to 1 game if he had behaved like a boy scout after the incident.

 

I still can't believe the owners are content with the way Goodell has handled things.

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Not sure, maybe it's required in the CBA.

Probably, but it results in reduced suspensions. Those days aren't over. The saving face posit by the reddit lawyer is absurd.

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He probably could have gotten this reduced to 1 game if he had behaved like a boy scout after the incident.

 

 

Something something about all the guys who aren't facing suspension in the first place because they don't hit women :/

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he went 12th in our draft tonight, by the same guy that drafted Bell in the 2nd last year, so he's obviously risk averse.

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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.

 

yea right, because all judges agree?? :rolleyes:

 

Fact is Kessler defended Brady who did take it to court and delayed the suspension. Kessler stopped short of taking Brady's case to the Supreme Court. WHY??

 

This is a DIFFERENT case and it will work it's way through the courts and thus will take time.

 

Zeke plays in the opener and every game if healthy in 2017.

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yea right, because all judges agree?? :rolleyes:

 

Fact is Kessler defended Brady who did take it to court and delayed the suspension. Kessler stopped short of taking Brady's case to the Supreme Court. WHY??

 

This is a DIFFERENT case and it will work it's way through the courts and thus will take time.

 

Zeke plays in the opener and every game if healthy in 2017.

 

That other Elliott thread is just too far off the rails. I go back to the OP question, what do we want?

 

Shefter out now saying "there is a real chance the susp is reduced".

 

So if you think he plays all year Smileseers, is no reduction what you want so he is definitely going to court?

 

What would be the number it would take you to say, "ehh just take it and not have the potential risk of a later year susp hanging over his head for a little while"

 

For me its 2 games, or better yet 1 in the dream scenario. I think if its 3 ormore I'd rather have him take it to court and risk it gets decided while in - season.

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There's a very strong chance there is no games...

Grab Elliot early and often in all your league.

 

1620 yards rushing 15 Td

380 yards rec and 1 Td

 

Thanks a total of 2,000 yards and 16TDs last season in 15 games!!

 

Dak will be one year better... so will Elliot.

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