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re: Josh gordon suspended for the year

Posted on 8/27/14 at 12:44 pm to
Posted by NOFOX
New Orleans
Member since Jan 2014
9951 posts
Posted on 8/27/14 at 12:44 pm to
Not at all.

He's not challenging the NFL's right to reprimand him for a failed test. He would be arguing that he did not fail a test or that the failed test was invalid.
This post was edited on 8/27/14 at 12:46 pm
Posted by Lester Earl
Member since Nov 2003
278531 posts
Posted on 8/27/14 at 12:45 pm to
quote:

mooooooooooooooot pooooooiiiiiiinnnnnnttttttt




failing a drug test for a 3rd or 4th time is not a moot point. Even if it was 2nd hand smoke. You're an idiot for even being around it
Posted by drizztiger
Deal With it!
Member since Mar 2007
37204 posts
Posted on 8/27/14 at 12:45 pm to
quote:

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?
Of course not. This isn't a criminal case.

It comes down to NFL rules versus Ohio state law.

I personally think Ohio state law wins, therefore Gordon will win.
Posted by GynoSandberg
Member since Jan 2006
72046 posts
Posted on 8/27/14 at 12:46 pm to
So it's about the laws of the state of Ohio, not the NFL substance abuse policy?
Posted by drizztiger
Deal With it!
Member since Mar 2007
37204 posts
Posted on 8/27/14 at 12:48 pm to
quote:

So it's about the laws of the state of Ohio, not the NFL substance abuse policy?
The NFL drug testing policy violates Ohio state law in Gordon's unique case.
Posted by drizztiger
Deal With it!
Member since Mar 2007
37204 posts
Posted on 8/27/14 at 12:50 pm to
In other words, if both samples came back at 15ng or higher, then Gordon wouldn't have much of a case. But, they didn't. One came back above, the other below. NFL says positive for weed. Ohio state law says that's a negative test.
This post was edited on 8/27/14 at 12:51 pm
Posted by GynoSandberg
Member since Jan 2006
72046 posts
Posted on 8/27/14 at 12:54 pm to
Are you a lawyer or just going off this Cedric Hopkins blog?
Posted by rmc
Truth or Consequences
Member since Sep 2004
26532 posts
Posted on 8/27/14 at 12:56 pm to
quote:

Based on what, though?


possible damages to Gordon are a lot. The disparity in punishment between a non-violent, victimless crime and someone getting KO'd by a grown man. The absurdity of it all. Its unconscionable.
This post was edited on 8/27/14 at 12:57 pm
Posted by CheeseburgerEddie
Crimson Tide Fan Club
Member since Oct 2012
15574 posts
Posted on 8/27/14 at 12:56 pm to
If he gets off they will suspend him for the year for something else. The NFL doesn't like to be fricked with.
Posted by jimithing11
Dillon, Texas
Member since Mar 2011
22473 posts
Posted on 8/27/14 at 12:57 pm to
quote:

repppppeaaaaattttt offfffffenddddddderrrrrrrrrrrrr



Matt Prater was in stage 3 for alcohol...got 4 games

what's your point?
Posted by rmc
Truth or Consequences
Member since Sep 2004
26532 posts
Posted on 8/27/14 at 12:58 pm to
quote:

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?


Of course. But I understand he was under a threshold that meant he probably didn't smoke at all anyway. The repeat offender thing would definitely come into play in the overall scheme of things.
Posted by PurpleDrank18
Houston, TX
Member since Oct 2011
4508 posts
Posted on 8/27/14 at 12:58 pm to
quote:

Are you a lawyer or just going off this Cedric Hopkins blog
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 8/27/14 at 12:59 pm to
quote:

possible damages to Gordon are a lot.
They sure are.
quote:

The disparity in punishment between a non-violent, victimless crime and someone getting KO'd by a grown man.
Ray Rice's punishment has zero relevance to this case. You can't say "well he only got _____ punishment and I got _____." Everything is in the CBA.
Posted by drizztiger
Deal With it!
Member since Mar 2007
37204 posts
Posted on 8/27/14 at 1:00 pm to
I'm going off those articles and other legal columns I've read.
Posted by GynoSandberg
Member since Jan 2006
72046 posts
Posted on 8/27/14 at 1:00 pm to
I own this dude on 4 teams (well, 3 now that I already dropped him in one)

In your legal opinion big rick, should I hold this dude for awhile or not? How soon would they file an injunction?
Posted by rmc
Truth or Consequences
Member since Sep 2004
26532 posts
Posted on 8/27/14 at 1:01 pm to
quote:

Ray Rice's punishment has zero relevance to this case. You can't say "well he only got _____ punishment and I got _____." Everything is in the CBA.


It doesn't, but you can surely bring it up. I'm just saying I think the guy can get an injunction. I'm not saying he is going to win his case. If we go by the CBA then he is toast. But the CBA is currently leading to an absurd consequence that the NFLPA/NFL needs to change or litigation like this could rise up from time to time.
Posted by GynoSandberg
Member since Jan 2006
72046 posts
Posted on 8/27/14 at 1:02 pm to
Does federal or state law come into play in regards to the CBA?
Posted by rmc
Truth or Consequences
Member since Sep 2004
26532 posts
Posted on 8/27/14 at 1:02 pm to
quote:

In your legal opinion big rick, should I hold this dude for awhile or not? How soon would they file an injunction?




I own him in 3 of my 3 leagues. I am holding onto him because I think it is worth it to see if he files something in the next 2 weeks. After that I am going to consider letting him go in the two re-draft leagues, but not the keeper.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26532 posts
Posted on 8/27/14 at 1:04 pm to
quote:

Does federal or state law come into play in regards to the CBA?


That is getting beyond my expertise there. I would think the CBA is probably controlled by federal labor law at the end of the day, but state courts may be able to provide some relief under state law and/or federal law.
Posted by Lester Earl
Member since Nov 2003
278531 posts
Posted on 8/27/14 at 1:09 pm to
quote:

Matt Prater was in stage 3 for alcohol...got 4 games

what's your point?


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