judge order expedited hearing for Zeke

[bfros 53]

New broke this morning, but Roto hasn't posted on it yet. Below is the clip from First Take on ESPN.

 

Most thought that Zeke would play all year as the case slowly snaked it's way through the courts...HOWEVER, a judge has now ordered that the case move through the courts quickly, which means in a matter of a couple months or less Zeke could be forced to serve his suspension, which is the worst case scenario for Zeke owners, as that would mean he would miss the latter half of the season (fantasy playoffs)

 

https://www.youtube.com/watch?v=ZX6ML1sRbQk

 

 

 

[lesjroza 70]

There is no breaking news, nothing new here.

 

It was always a possibility that either the Texas federal court or the NY 5th district court can issue something that says that Zeke would need to begin serving the suspension anywhere along the way and they could do so at any time but it is seen as unlikely.

 

The order I think you may be referring to is from the judge who already issued in favor of Zeke, and is referencing a filing from the NFL asking him to stay his own order. Not only did they ask he stay his own order, but told him he needs to do it by today (this was yesterday or the day before)...........to which he promptly said OK, we'll have a hearing on this and all emergency briefs from both sides are due...........by Friday. I have seen some law reporters express incredulity that the NFL would tell a federal judge he needs to issue such an immediate ruling and then laughing about the predictable outcome which was "OK briefs by Friday, I'll hurry and get to it, when I get to it."

 

 

In fact the only true additional clarity over the last few days has been the illumination that the NFL will not place Zeke on the commissioner exempt list during this legal battle which was a possibility..........so if anything the news got better not worse for those who hold Zeke in redraft the last couple of days.

 

This will take turns and twists and the outcome is uncertain don't get me wrong, I'm just saying there is nothing new here though I didn't watch the ESPN piece, they tend to try to get viewers glued...........I follow the news pretty closely

[Skinny_Bastard 154]

There is nothing left to see.

He's going to play all year with the TRO and injunction.

The battle will happen after the season is over.

[lesjroza 70]

There is nothing left to see.

He's going to play all year with the TRO and injunction.

The battle will happen after the season is over.

 

 

I don't think that is quite right either but whether there is something to see depends what you like to watch I suppose lol

 

Assuming the Texas judge does not stay his own order, next up would be the 5th circuit court and its already on the dockett

 

Case No. 17-40936 if you want to look it up

 

There is also a request for an emergency stay from the 5th circuit (procedurally they had to go to the original judge first) and it will go to a "motion's panel" unlike the full case which will be before a specific judge.

 

Plenty of excitement ahead, just not the kind you will hear much about at this point unless it changes the consensus point of view that EE plays all season now.

[Skinny_Bastard 154]

The 5th circuit AND judge Mazzant have to overturn Mazzant's own ruling.

Only 7% of all cases gets overturned. The NFL have to prove a number of things....including the big one.

"irreparable harm to the NFL". I can't see how Elliott's no suspension could cause irreparable harm to the NFL.

 

The odds are stacked against the NFL.

 

If you can still buy Elliott for a good price, i would do it.

[TBayXXXVII 2,114]

The 5th circuit AND judge Mazzant have to overturn Mazzant's own ruling.

Only 7% of all cases gets overturned. The NFL have to prove a number of things....including the big one.

"irreparable harm to the NFL". I can't see how Elliott's no suspension could cause irreparable harm to the NFL.

 

The odds are stacked against the NFL.

 

If you can still buy Elliott for a good price, i would do it.

 

I think the same will happen here as with Brady. In the end, because of the CBA... regardless of guilt or innocence, the NFL will win.

 

In my opinion, any player who takes the NFL to court and loses (the end result), should be banned for life with no chance of reinstatement. Under this, Brady would be banned. Although, I highly doubt he takes the NFL to court if that were the potential penalty.

[Cruzer 1,992]

I think the same will happen here as with Brady. In the end, because of the CBA... regardless of guilt or innocence, the NFL will win.

Agreed - I just don't see any way around it.

 

I do find it funny - the NFL rushing to filing paperwork to get an expedited resolution on the TRO........... The same NFL that's had an ENTIRE offseason to pursue this issue, the same NFL that's had Zeke under investigation since July of 2016, the same NFL that takes weeks, months even to release rulings - all of the sudden these jackasses want an expedited quick ruling.

[Skinny_Bastard 154]

 

I think the same will happen here as with Brady. In the end, because of the CBA... regardless of guilt or innocence, the NFL will win.

 

In my opinion, any player who takes the NFL to court and loses (the end result), should be banned for life with no chance of reinstatement. Under this, Brady would be banned. Although, I highly doubt he takes the NFL to court if that were the potential penalty.

 

I'll let the owner of Elliott worry about that in 2018.

[lesjroza 70]

The 5th circuit AND judge Mazzant have to overturn Mazzant's own ruling.

Only 7% of all cases gets overturned. The NFL have to prove a number of things....including the big one.

"irreparable harm to the NFL". I can't see how Elliott's no suspension could cause irreparable harm to the NFL.

 

The odds are stacked against the NFL.

 

If you can still buy Elliott for a good price, i would do it.

 

I don't think this correct but I am not 100% certain.

 

If Mazzant issued a stay of his order, to my knowledge, Elliott would be immediately back on suspension, and that could happen as early as next week. The case will eventually be heard in the 5th circuit but Elliott suspension would stand in the interim. This is unlikely but it is one way.

 

The 5th circuit court does not need to overturn the Mazzant ruling at this point, they could simply issue a stay of the Mazzant order, pending a hearing on overturning the order and Elliott would be immediately back on suspension, that does not require a full hearing, but as i mentioned above is determined by a motions panel, all motions are ruled upon in advance of a hearing. The odds here are uncertain IMO, but it is another way.

 

Finally the 5th circuit court could at any point move the actual hearing to the top of the que which is what the NFL would like, then overturn the Mazzant order and elliott would be back on suspension. This is another way.

 

Based on the outcome of the Brady case the consensus is that the NFL will eventually prevail in the 5th circuit which is where the Brady case was adjudicated, 7% overturn rate notwithstanding.

 

Assuming decisions all go according to consensus along the way the rubber hits the road upon the timing of the final hearing to overturn, the press seems to feel it will take as long as the Brady hearing but there is a chance it could be much shorter based upon the fact there is now precedent from the Brady case.

 

I am not trying to influence values in either direction, but there are risks to going all in on Elliott at this point. I am an owner having mentioned so in another thread.............I bought him at a reduced price at auction prior to the beginning of the legal path. I am hoping for the best and I would say the risks are much more tilted to Elliott playing the whole season now than they were at the time I bought, but there is still real risk he serves a 6 game suspension this season.

[Skinny_Bastard 154]

You're mistaken.

Read this.

http://sports-law.blogspot.dk/2017/09/nfl-faces-uphill-battle-in-obtaining.html

 

"But there is one procedural vehicle that the NFL could still use to reinstate Elliott's suspension THIS year. Once it files its notice of appeal, the NFL could ask the Fifth Circuit to "stay" Judge Mazzant's preliminary injunction pending the outcome of the appeal. In other words, the NFL would ask the Fifth Circuit (and Judge Mazzant before that) to prevent the injunction from going into effect for the entire duration of the appeal. Such a maneuver, if successful, could lead to an immediate reinstatement of Elliott's suspension and force him to sit out six games this season. But under the appellate rules, the NFL would first have to ask Judge Mazzant for a stay before it could properly present an application for similar relief to the Fifth Circuit. And, of course, Judge Mazzant is unlikely to stay his own injunction, especially not after concluding that Ezekiel Elliott faces "immediate" irreparable harm from the NFL's disciplinary action. Once Judge Mazzant denies that request (assuming that it is even made--remember, the NFL opted not to seek an emergency stay of the Deflategate lower court decision), the focus would then shift to the Fifth Circuit, perhaps as soon as this week, leading to another frenzied round of briefing (and another court ruling) prior to Week 2 of the NFL season."

 

The risk of him getting suspended is low but there's risk nonetheless...

[Skinny_Bastard 154]

If you doubt this then how bout i offer another key indicator.

The NFL superbowl betting odds.

 

The Cowboys jumped to 2nd behind the pats for best odds of winning the Superbowl after the news broke on the injunction.

I assume the Vegas guys know what they are doing.

 

FOLLOW THE MONEY.

[AintNoStoppinMeNow 68]

The real question here is who is Zeke's handcuff?! I thought it was DMC but he was inactive Week 1 for Alf Morris. McFadden got dropped in a lot of leagues this week.

 

If, and it's a big and unlikely IF, something does go down, who's the add?

[Skinny_Bastard 154]

The real question here is who is Zeke's handcuff?! I thought it was DMC but he was inactive Week 1 for Alf Morris. McFadden got dropped in a lot of leagues this week.

 

If, and it's a big and unlikely IF, something does go down, who's the add?

 

I think it's Morris. Read he's had an outstanding camp.

[lesjroza 70]

You're mistaken.

Read this.

http://sports-law.blogspot.dk/2017/09/nfl-faces-uphill-battle-in-obtaining.html

 

"But there is one procedural vehicle that the NFL could still use to reinstate Elliott's suspension THIS year. Once it files its notice of appeal, the NFL could ask the Fifth Circuit to "stay" Judge Mazzant's preliminary injunction pending the outcome of the appeal. In other words, the NFL would ask the Fifth Circuit (and Judge Mazzant before that) to prevent the injunction from going into effect for the entire duration of the appeal. Such a maneuver, if successful, could lead to an immediate reinstatement of Elliott's suspension and force him to sit out six games this season. But under the appellate rules, the NFL would first have to ask Judge Mazzant for a stay before it could properly present an application for similar relief to the Fifth Circuit. And, of course, Judge Mazzant is unlikely to stay his own injunction, especially not after concluding that Ezekiel Elliott faces "immediate" irreparable harm from the NFL's disciplinary action. Once Judge Mazzant denies that request (assuming that it is even made--remember, the NFL opted not to seek an emergency stay of the Deflategate lower court decision), the focus would then shift to the Fifth Circuit, perhaps as soon as this week, leading to another frenzied round of briefing (and another court ruling) prior to Week 2 of the NFL season."

 

The risk of him getting suspended is low but there's risk nonetheless...

 

 

Sometimes I'm kind of slow but I thought that is exactly the way I laid it out above. Highlight for me what I'm missing, or is incorrect from my wording?

[lesjroza 70]

The real question here is who is Zeke's handcuff?! I thought it was DMC but he was inactive Week 1 for Alf Morris. McFadden got dropped in a lot of leagues this week.

 

If, and it's a big and unlikely IF, something does go down, who's the add?

 

 

I was among the droppers. Its pretty unclear IMO what the Boys would do in the case of EE being suspended...........so the lack of clarity should be your guide. Yes it will sting if Elliott gets suspended and you don't have the backup but I don't think we know for sure who that is, let alone whether that guy will be used as a feature RB, if once they are they will be able to maintain it, or even if so, they will have FF starter productivity.......it could just be a whole bunch more of the passing game. I'm not giving advice but that's my approach, and the odds do seem tilted toward EE being available this year, you could miss out on a guy who turns out to be more productive anyway.

[Skinny_Bastard 154]

 

 

Sometimes I'm kind of slow but I thought that is exactly the way I laid it out above. Highlight for me what I'm missing, or is incorrect from my wording?

 

You wrote..."...I don't think this correct but I am not 100% certain." that this statement i posted "The 5th circuit AND judge Mazzant have to overturn Mazzant's own ruling."

is incorrect. I just posted a link that highlights that's the case. Mazzant have to overturn his own ruling and then the 5th circuit too.

 

What's the chances Judge Mazzant will stay his own injunction? Not going to happen.

[lesjroza 70]

 

You wrote..."...I don't think this correct but I am not 100% certain." that this statement i posted "The 5th circuit AND judge Mazzant have to overturn Mazzant's own ruling."

is incorrect. I just posted a link that highlights that's the case. Mazzant have to overturn his own ruling and then the 5th circuit too.

 

What's the chances Judge Mazzant will stay his own injunction? Not going to happen.

 

 

OK, I think you may be mis-understanding the sentence you posted, which is to say I'm not sure what you posted actually says both because it is written unclearly.

 

If it does say both, I believe that is incorrect and it is as I posted above.

 

Its two separate filings for a stay order, in two separate courts, and either filing could do the job. Again, everybody believes that Mazzant will not issue a stay of his own order, but procedurally this had to be done in order for the NFL to file in 5th circuit.......it is not necessary for both to agree to a stay. If Mazzant does stay his own order it, it will not be necessary for the 5th circuit to rule on that issue at all...........Elliott would be back in suspension and awaiting the NFL appeal of the Mazzant original ruling (not the stay) in the 5th circuit. Once Mazzant denies the motion to stay his order, the action moves to the 5th circuit and the NFL then gets their shot in that venue.

[the newb 23]

The real question here is who is Zeke's handcuff?! I thought it was DMC but he was inactive Week 1 for Alf Morris. McFadden got dropped in a lot of leagues this week.

 

If, and it's a big and unlikely IF, something does go down, who's the add?

as long as he's healthy it's McFadden

[sirensong 111]

the conventional wisdom is that DMC is better in power, pass pro, and receiving, while morris is better in ZBS. weirdly, morris has stepped up recently in pass pro, but he hasn't really shown much of anything as a runner. so the situation is very unclear.

[lesjroza 70]

Judge Mazzant has denied the NFL request for him to stay his own order. The action now moves to the 5th circuit where the NFL has made a motion for the 5th circuit to issue a stay of the Mazzant order.

 

The likelihood seems weighted to the 5th circuit also NOT issuing a stay, but this is sort of a home field advantage location for the NFL whereas the Mazzant courtroom was more of a home field advantage for Zeke, so anything is possible. It seems likely they will rule on this motion in the next few days.

 

A ruling on the stay will not be a final resolution of the overall case, just a determinant of whether Zeke starts serving the suspension immediately, while the case winds its way throughout the court system.

[GobbleDog 816]

I don't understand how the courts even get involved in these suspension cases. The league should be able to enforce their own policies. Ridiculous.

[Skinny_Bastard 154]

Judge Mazzant has denied the NFL request for him to stay his own order. The action now moves to the 5th circuit where the NFL has made a motion for the 5th circuit to issue a stay of the Mazzant order.

 

The likelihood seems weighted to the 5th circuit also NOT issuing a stay, but this is sort of a home field advantage location for the NFL whereas the Mazzant courtroom was more of a home field advantage for Zeke, so anything is possible. It seems likely they will rule on this motion in the next few days.

 

A ruling on the stay will not be a final resolution of the overall case, just a determinant of whether Zeke starts serving the suspension immediately, while the case winds its way throughout the court system.

 

The NFL isn't just requesting a stay they also want the 5th to rule on the case without Mazzant even hearing about it. Mazzant WAS NOT happy about this per his statement released earlier.

The chances of the 5th circuit making a ruling is probably less than 1%.

[lesjroza 70]

 

The NFL isn't just requesting a stay they also want the 5th to rule on the case without Mazzant even hearing about it. Mazzant WAS NOT happy about this per his statement released earlier.

The chances of the 5th circuit making a ruling is probably less than 1%.

 

I think you have this one wrong. The 5th circuit will definitely rule on the stay one way or the other and very possibly with the next few days.

 

The NFL does not want the 5th circuit to rule without Mazzant hearing about it. They wanted Mazzant to rule on a stay in his court within 24 hours of their filing, and when he didn't, they filed for the stay in the 5th circuit, which was their right.

 

Mazzant actually had a duty to rule in an expedited fashion because of the way that they filed, but when he ruled today he said he was unable to render a decison that quickly due to his other work on a current patent trial. Regardless of whether Mazzant is happy or unhappy.......... it will have no bearing on anything in the 5th circuit going forward.

 

Again, most people feel the likelihood is the 5th circuit will rule to deny a stay (and Zeke will continue to play), but it could happen, and IMO the chances are far greater than 1%, probably closer to 25%.

[Skinny_Bastard 154]

 

I think you have this one wrong. The 5th circuit will definitely rule on the stay one way or the other and very possibly with the next few days.

 

The NFL does not want the 5th circuit to rule without Mazzant hearing about it. They wanted Mazzant to rule on a stay in his court within 24 hours of their filing, and when he didn't, they filed for the stay in the 5th circuit, which was their right.

 

Mazzant actually had a duty to rule in an expedited fashion because of the way that they filed, but when he ruled today he said he was unable to render a decison that quickly due to his other work on a current patent trial. Regardless of whether Mazzant is happy or unhappy.......... it will have no bearing on anything in the 5th circuit going forward.

 

Again, most people feel the likelihood is the 5th circuit will rule to deny a stay (and Zeke will continue to play), but it could happen, and IMO the chances are far greater than 1%, probably closer to 25%.

 

Where you get the 25% number?

Historically it's 7% and without the judge hearing the case and the NFL proving that they will be harmed by his non-suspension, the chances are closer to 1%.

 

The Superbowl odds are a pretty damn good indicator that the odds are closer to 0.

[lesjroza 70]

 

Where you get the 25% number?

Historically it's 7% and without the judge hearing the case and the NFL proving that they will be harmed by his non-suspension, the chances are closer to 1%.

 

 

I'll elaborate, but not get into an argument about guesswork. I am not a lawyer though I did stay in a Holiday Inn last year.

Any odds anybody gives you are based on guesswork.

 

The court averages are averages of totals while each case has individual merits within those totals.

 

The court is likely to rule (I am on that side too remember) "no stay" (Elliott plays!) based on the principle that it would be a greater harm to Elliott than the NFL if they made him sit and eventually decided the other way on the full case. This is logical and it makes sense to most of us.

 

However they could also rule FOR a stay by using the principle that the likelihood is so high that they will eventually rule for the NFL it makes sense to rule for a stay now. This also is logical. Most all legal observers feel that the NFL will eventually win this case so this would not be unrealistic.

 

The Mazzant court room was sort of a home field advantage for Elliott and that why it was filed in that jurisdiction by the NFLPA.

 

The 5th circuit court is a home field advantage for the NFL and that's why they filed the appeal there.

 

The 5th circuit court is where the Brady suspension had its final determination in favor of the NFL.

 

Its less of a stretch than others may be weighting that the 5th circuit, who already determined the Brady precedent in their jurisdiction, would rule for the stay based on the idea that they will eventually rule the entire case in favor of the NFL.

 

The 7% total number is made up of very few similar cases. Show me a percentage of cases ruled upon where a precedent is established by the same jurisdiction (and very possibly the same judges!) a short time ago.

[lesjroza 70]

Additionally, I'll add...........if any of my league mates are reading this (and I know some do) they should know Zeke might be available from me right now at a slightly bigger discount than the market would indicate is fair. Its your opportunity, I'm obviously still heavily leaning he plays the rest of the year but if you are more along the market percentages, just not as certain as some. Hit me up because prior to a decision in the next few days is the cheapest he is going to be from me.

[Skinny_Bastard 154]

"Or something. The Elliott case is getting so bogged down in legalese we're thinking about forcing one of our younger writers to go to law school. The matter appears to now be in the hands of the Fifth Circuit. A ruling is not expected any time soon, meaning Zeke will probably be available for all 16 2017 games."

 

http://rotoworld.com/playernews/nfl/football/?ls=roto%3anfl%3amorenewsbottom

[lesjroza 70]

"Or something. The Elliott case is getting so bogged down in legalese we're thinking about forcing one of our younger writers to go to law school. The matter appears to now be in the hands of the Fifth Circuit. A ruling is not expected any time soon, meaning Zeke will probably be available for all 16 2017 games."

 

http://rotoworld.com/playernews/nfl/football/?ls=roto%3anfl%3amorenewsbottom

 

 

I saw that.............as they intimate they do not a full understanding of the situation.

 

They would have to define "anytime soon" AND whether they mean "a ruling" on the "stay order" in which case they are wrong because it should come in a timely fashion, or whether they mean a ruling on the full case in which case I would agree with them because it will not likely come during this season.

 

Its also possible by "probably available for all of '17" they mean a 75% chance in which case they agree with me perfectly lol

 

We're both rooting for the same thing Skinny Bastard, I'm just a bit more pessimistic or realistic than you........and its really only by 24%