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re: Josh gordon suspended for the year
Posted on 8/27/14 at 12:10 pm to Carson123987
Posted on 8/27/14 at 12:10 pm to Carson123987
I don't think anyone made huge reaches to get him even if he is out for the season.
12th round
12th round
Posted on 8/27/14 at 12:11 pm to GynoSandberg
The circumstances do not have to be similar. The major ruling out of Starcaps was that a federal court found that the NFL is bound by state drug testing laws.
If Gordon's lawyers can find an Ohio drug testing law that the NFL ostensibly ran afoul of (including something like sample preservation or chain of custody), then they can file suit and ask for an injunction.
They might lose, but they could let him play in the interim.
Here is a good timeline for Starcaps:
LINK
They would have to go through the same process in Ohio state court.
If Gordon's lawyers can find an Ohio drug testing law that the NFL ostensibly ran afoul of (including something like sample preservation or chain of custody), then they can file suit and ask for an injunction.
They might lose, but they could let him play in the interim.
Here is a good timeline for Starcaps:
LINK
They would have to go through the same process in Ohio state court.
This post was edited on 8/27/14 at 12:15 pm
Posted on 8/27/14 at 12:13 pm to Nonetheless
quote:
don't think anyone made huge reaches to get him even if he is out for the season.
12th round
9th round keeper. Could have had Vereen instead
Posted on 8/27/14 at 12:15 pm to NOFOX
Cool. Like I said, I'm not a lawyer
Though I haven't seen any credible sources mention an injunction, yet.
Though I haven't seen any credible sources mention an injunction, yet.
Posted on 8/27/14 at 12:23 pm to jimithing11
quote:
9th round keeper. Could have had Vereen instead
Yeah don't do that
Posted on 8/27/14 at 12:24 pm to jimithing11
Ouch. Yeah that was risky
Posted on 8/27/14 at 12:28 pm to drizztiger
Has a substance abuse suspension ever been overturned or reversed after a law suit?
Posted on 8/27/14 at 12:31 pm to Nonetheless
I'll take my late round flier that's actually going to play!
Posted on 8/27/14 at 12:32 pm to Lester Earl
That's what Im thinking. If it's so easy to file an injunction which would allow the suspended player to play, every guy who has ever been suspended would be filing one, you'd think. Guy is a 3rd time offender, and has two run ins with the police since his suspensions (one a DUI).
The Browns have been saying all along they have been planning on playing without Gordon this season. They obviously weren't planning for an injunction.
The Browns have been saying all along they have been planning on playing without Gordon this season. They obviously weren't planning for an injunction.
This post was edited on 8/27/14 at 12:33 pm
Posted on 8/27/14 at 12:33 pm to Lester Earl
Can a substance abuse suspension be overturned or reversed from a law suit?
Honest question... I know the new CBA has some stipulations about what has to go through arbitration as opposed to litigation. Is this even something that can go to courts??
ETA: found the answer to my own question in one of the articles posted above
Honest question... I know the new CBA has some stipulations about what has to go through arbitration as opposed to litigation. Is this even something that can go to courts??
ETA: found the answer to my own question in one of the articles posted above
quote:
Agreement Not To Sue
Salfino also asked about the agreement between the NFLPA and NFL not to sue each other. That agreement is contained in Article III, Section 2 of the new Collective Bargaining Agreement.
The agreement not to sue is an agreement about issues arising out of the Collective Bargaining Agreement, not the Substance Abuse Policy. In fact, Section 2 of the CBA lists the terms of the agreement that they won’t sue each other over—the Substance Abuse Policy is not listed.
What is mentioned, however, is that the players retain the right to enforce labor laws. And those laws are what Gordon will use to attack the NFL’s finding that his drug test was positive—or at least he should.
Because Gordon has such a solid case against the NFL based on the Ohio drug-testing laws, I believe his TRO will be granted and he will play in the 2014 season. This is all assuming he loses his appeal, which he shouldn’t.
This post was edited on 8/27/14 at 12:37 pm
Posted on 8/27/14 at 12:36 pm to PurpleDrank18
I can't imagine he doesn't sue and get an injunction. The monetary damage to him not playing this season could be a good bit for his contract(s) down the road.
The NFL giving 16 games for second hand smoke and 2 games for domestic violence is beyond the pale.
The NFL giving 16 games for second hand smoke and 2 games for domestic violence is beyond the pale.
Posted on 8/27/14 at 12:37 pm to GynoSandberg
quote:
If it's so easy to file an injunction which would allow the suspended player to play
I'm not familiar with Ohio law, but in Louisiana I could see a judge signing an injunction.
Posted on 8/27/14 at 12:37 pm to rmc
quote:Based on what, though?
in Louisiana I could see a judge signing an injunction.
Posted on 8/27/14 at 12:38 pm to rmc
quote:
The NFL giving 16 games for second hand smoke and 2 games for domestic violence is beyond the pale.
repppppeaaaaattttt offfffffenddddddderrrrrrrrrrrrr
Posted on 8/27/14 at 12:40 pm to GynoSandberg
quote:Did you read the article I posted?
If it's so easy to file an injunction which would allow the suspended player to play, every guy who has ever been suspended would be filing one, you'd think.
Under Ohio law, Josh Gordon didn't fail a drug test. He passed it. That's key.
His case is special because A and B came back with one above 15ng and the other below 15ng. And btw the threshold of 15 is ridulously low and is 2nd hand smoke levels.
Posted on 8/27/14 at 12:41 pm to GynoSandberg
quote:
That's what Im thinking. If it's so easy to file an injunction which would allow the suspended player to play, every guy who has ever been suspended would be filing one, you'd think.
Players can only file suit and get an injunction if the CBA testing procedures violate state law. Most players who get suspended, the testing procedure was perfectly fine. Gordon's case is much more uncommon in that if they had tested his B sample instead of the A sample, it would not be deemed a positive result. He also presented a lot of evidence regarding he processing of his sample.
Ohio has laws regarding drug testing in relation to its Worker's Comp program. The NFL gets plenty of use out of state worker's comp plans. If those regulations apply to the Cleveland Browns, then Gordon probably has a strong enough showing to get a TRO.
Posted on 8/27/14 at 12:42 pm to Lester Earl
quote:mooooooooooooooot pooooooiiiiiiinnnnnnttttttt
repppppeaaaaattttt offfffffenddddddderrrrrrrrrrrrr
NFL is going to come out of this looking worse than they already do.
Posted on 8/27/14 at 12:43 pm to rmc
Would the fact that he was a 3rd time offender in the NFL (codeine and weed), failed 3 test for herb in college, has a recent DWI under his belt change anything? Does the college stuff and DWI come into play any?
Posted on 8/27/14 at 12:43 pm to drizztiger
Interesting. I sure hope you're right.
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