Deshaun Watson Off the Field Thread v2

[InBoobieWeTrust]

To you and @The Human Q-Tip both…

Total guess on my part, but my guess is that if the NFL does issue a formal appeal, the NFL players association will also issue an appeal of their own to try and force the issue with a judge to grant Watson a temporary injunction to play immediately.

Yeah but I don’t think that will fly.

 

[Selby]

He could've been suspended his last season with HOU while still requesting a trade.

What would have been the purpose?

"Hey Deshaun, we know you already are planning to sit out this season. We are going to suspend you from playing in games you already were not planning to play in."

If a child refuses to eat their broccoli you don't punish them by saying they aren't allowed to eat broccoli for a week.

 

[Lee]

I don’t mean this disrespectfully but I think that you are severely overestimating what the NFL would have to prove and where they would have to prove it.

The odds of a lawsuit ever reaching a court room are so unbelievably low that I am shocked at how many people are suggesting it like it’s a real option.

I think its almost 100% it would reach a court. Before the Comish had 100% authority on punishment but Elliot's appeal reached a court. This is no different.

 

[bushwick_bill]

 

[bob2the2nd]

View attachment 11223

this is an onion post, right??

it has to be

 

[adam81king]

The problem for Watson is that Robinsons report excoriated him and his behavior and basically found that he committed major violations as outlined in the CBA.

That may be what they try to argue and I’m no lawyer so i don’t know what legal tests they will apply to decide anything regarding this case….but often times in my view it may come down to: was the NFLs resentencing considered unreasonable and in bad faith? Those are often very high legal bars to jump over to prove and I think the NFLPA would have a hard time proving that Watsons new suspension was unreasonable given the egregious behavior and conduct he was found to have engaged in.

All I know is my best friend in the world is an attorney that works in pro sports and has litigated in federal court (though not the NFL) and he told me that his opinion just based on what is available publicly and what he knows about the law is that the NFLPA is very unlike to win a lawsuit.

He said he thinks the outcome if they appeal could end up being the NFL increasing the suspension to an indefinite suspension, the NFLPA filing suit and the sides settling for the 12 game suspension with a big fine that the NFL reportedly sought in prior negotiations because the whole exercise will be the NFL flexing its muscle to send a message to the NFLPA that they should take the deal next time the NFL tries to bargain with them in a situation like this. “Because even if they win, they still lose”

Was that the same friend that said Sue was coming down far harsher than was being leaked?

 

[Vee-Rex]

this is an onion post, right??

it has to be

Pretty much. They did something similar with Robert Kraft.

 

[The Human Q-Tip]

I don't believe it would be proper to consider Robinson as having the same status as an actual arbitrator, because an arbitrator's decisions are final and binding absent court intervention. But that isn't what the NFL's process is. In essence, it is Goodell who is the role of arbitrator because it is his decision that is final and binding.

The reason that is an important distinction is because arbitrator's decisions are entitled to a great deal of deference under federal law. So it is is Goodell's decision, not Robinson's, that gets the benefit of that legal deference because the process to which both parties agreed contractually is that he is the final decision maker.

 

[bushwick_bill]

this is an onion post, right??

it has to be

Ron Billmery is a top flight journalist.

 

[Lee]

I don't believe it would be proper to consider Robinson as having the same status as an actual arbitrator, because an arbitrator's decisions are final and binding absent court intervention. But that isn't what the NFL's process is. In essence, it is Goodell who is the role of arbitrator because it is his decision that is final and binding.

The reason that is an important distinction is because arbitrator's decisions are entitled to a great deal of deference under federal law. So it is is Goodell's decision, not Robinson's, that gets the benefit of that legal deference.

You can appeal an arbitrator's decision.

It doesnt say Goodell gets final word, it says he can appeal the decision then he is who it appeals too.

It means it has to find error in Robinson's decision. Its a huge difference. Doesnt mean that they wont appeal, just means it gives the NFLPA allot more ammo in federal court and a big reason not to appeal.

My thing is how does the NFL start levying harsher punishment if they ONLY go off of precident. Or is this notice that in the future, these crimes will be harsher?

Its not just does he deserve more, its that the NFL never gave official notice that in the future, they intend to punish more.

 

[DJTJ]

Yeah but I don’t think that will fly.

To clarify, do you mean that it wouldn’t happen about playing immediately?

The situation Morris the Zeke situation. I think he played 7 weeks before his suspension.

 

[Larry hughes]

 

[The Human Q-Tip]

You can appeal an arbitrator's decision.

Colloquially, sure. You can call it an "appeal" if you want to. But it isn't technically an appeal of the arbitrator's judgment. It is generally a motion for an order to modify or vacate an arbitration award, or for an injunction to prevent enforcement, and the legal standard is higher than for a traditional "appeal".

It doesnt say Goodell gets final word, it says he can appeal the decision then he is who it appeals too. It means he has to find errors in her decision.

That's not how I read the CBA. It says that fines or suspension will be "initially determined" by the Disciplinary Officer, but that the written decision of the Commissioner or his designee will "constitute full, final and complete" resolution, and be "binding" on all parties. There is no requirement that he find errors in her decisions. He could say that he finds her decision to be within the range of reasonableness, but that an increase is justified.

Obviously though, the greater the increase, the greater the risk of a successful court challenge.

 

[CBBI]

I think its almost 100% it would reach a court. Before the Comish had 100% authority on punishment but Elliot's appeal reached a court. This is no different.

I don't want to get into a semantics thing with you here, but Ezekiel Elliott’s lawsuit against the NFL was not actually tried in court in the traditional sense. I don't think that's an accurate thing to say.

Here's the Elliott timeline...

August 11, 2017: Elliott is suspended 6 games by the NFL

August 16, 2017: Elliott appeals his 6 game suspension

September 6, 2017: The NFL upholds Elliott's 6-game suspension, the NFLPA files a lawsuit that day against the NFL for a "fundamentally unfair" appeal process

September 8, 2017: The NFLPA is granted a temporary restraining order and a preliminary injunction by a district court judge, putting the suspension on hold indefinitely

September 11, 2017: The NFL files an appeal of Elliott's preliminary injunction to the U.S. Court of Appeals 5th Circuit

September 27, 2017: The NFL asks the 5th U.S. Circuit Court of Appeals to dismiss the NFLPA's lawsuit

October 12, 2017: The 5th Circuit U.S. Court of Appeals announces that Elliot's suspension had been reinstated

October 18, 2017: Elliott is granted another temporary restraining order in another state, putting the suspension on hold indefinitely again

October 30, 2017: New York Southern District Court, denies Elliott's preliminary injunction, which reinstated the 6-game suspension

October 31, 2017: The NFLPA files an emergency motion for the injunction

November 3, 2017: Elliott is granted an emergency motion by the United States Court of Appeals for the Second Circuit, which delayed the suspension again

November 9, 2017: The United States Court of Appeals for the Second Circuit reinstates the suspension

November 12, 2017: Elliott and the NFLPA drop the lawsuit and accept his suspension

So yes, there were lawyers filing motions and there were appeals and things being granted and denied by various court districts and things like that. So if you want to say it "reached a court" then so be it.

But it certainly wasn’t like either side actually had to show up and present verbal arguments and evidence towards their case in a high profile traditional court setting in front of a judge, which is what I think most people expect when they hear that the NFLPA would sue and "expose" the NFL.

In my opinion, the only thing that Watson and the NFLPA filing a lawsuit will actually do is drag things out and create a circus, which might be enough to sway the NFL to not pursue it. But nothing really more than that.

 

[JayP146]

View attachment 11224

This is satire - the dude that posted this on Twitter is directly attached to the Ballsack Sports account