Post#218 » by FNQ » Tue Oct 31, 2017 8:51 pm
Zeke and his team have filed an emergency injunction, and I've been reading bits and pieces through Josina Anderson (great twitter follow, btw).
All of these blurbs are explaining why the judge decided against Elliott, and if you have the time/motivation, read it and be shocked. So far the worst parts:
- judge determined that for the first time in US courts history that a pro athlete being suspended would not cause irreparable harm to their career
- judge determined that arbitrator Henderson didnt interview the accuser because it would be emotionally taxing for her (Henderson said it wasnt necessary for Zeke's defense); which is basically the judge arguing points FOR the NFL - which is really, really strange
- judge re-interpreted the CBA and Henderson's statements her own way
This is the equivalent of having a referee on your side. The judge essentially re-structured the NFL's argument for them, so she could agree with them. Daniel Wallach still believes she will deny the motion ( I mean, think that logic will change her mind after she already heard the case? ), but keep in mind the 4 major points to retain an injunction:
1) Irreparable harm done to the accused
2) Whether or not there is a strong possibility of the accused winning the appeal
3) Whether or not the injunction will substantially injure the other parties in the proceedings
4) Where the public interest lies.
This judge determined that all 4 points were AGAINST Zeke. Which is unfathomable, frankly.
1) 6 games plus a reputation stain for an NFL player - equivalent to a 30 game (NBA) or 60 game (MLB) suspension
2) this is tough for us to judge, because of the legalese
3) no idea how this could potentially hurt the NFL or the accuser, who stands to gain nothing regardless
4) I would say this is the only legitimate point against Zeke - the use of tax dollars to find justice
But here's the rub: if 2 of the 4 boxes are checked off, 90%+ of these cases do result in an injunction.
tl;dr - this is crazily baffling.