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Started By
Message
re: Josh gordon suspended for the year
Posted on 8/27/14 at 1:42 pm to GynoSandberg
Posted on 8/27/14 at 1:42 pm to GynoSandberg
quote:
So it's about the laws of the state of Ohio, not the NFL substance abuse policy?
Correct. Gordon will have to show that the NFL test was counter to state laws and that the state laws are applicable to the NFL.
I have not done that research, but his lawyers surely have. He will file a state court suit before the weekend if they think they have an argument.
It is not apparent from a cursory reading of the Ohio state regulations whether they apply to the NFL. I would not go by the articles cited as they have not done the research either.
That article cites to regulations applying to state workers and those companies that joined a Safe Workplace Drug testing Program to get a discount on their workers comp policy.
I have no idea whether the Browns/NFL joined this program (they might have considering the extremely high rate of their workers comp insurance) or whether some of these regulations also apply to other private employers who take part int he worker's comp scheme.
Big issue is whether the Ohio state laws are applicable to this situation. Josh Gordon's lawyers are paid big money to figure this out. They will already have drafted a complaint and it is ready to file once the written decision is out if they think they can win.
No clue if the regulations apply in this situation or if the state court would overturn the arbitrator's ruling, but it is pointless not to wait a week to find out if Gordon challenges in state court. He will seek a TRO before the first game.
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Posted on 8/27/14 at 1:48 pm to Lester Earl
Exactly, you have no comeback or rebuttal
Posted on 8/27/14 at 1:48 pm to Lester Earl
My previous thoughts were that the NFL was going to give him less than a year suspension. However, now that he has been given a year, it's more likely that the NFL was trying to write the verdict in a way to make it nearly impossible to overturn.
Posted on 8/27/14 at 1:53 pm to FAF
quote:
"I AM VERY DISAPPOINTED THAT THE NFL AND ITS HEARING OFFICE DIDN'T EXERCISE BETTER DISCRETION AND JUDGMENT IN MY CASE."
dude has the nerve talk about discretion & judgementPosted on 8/27/14 at 1:56 pm to Honkus
Back to a fantasy question, how much does this help J. Cameron's value?
Posted on 8/27/14 at 1:56 pm to GynoSandberg
quote:
Does federal or state law come into play in regards to the CBA?
Cases involving breach of the CBA are governed by federal law, but Gordon's claim would be predicated on violation of OH law indepedent of the CBA and thus would not be preempted by federal law.
This was the big ruling from the 8th Circuit in Starcaps.
Posted on 8/27/14 at 1:58 pm to jimithing11
quote:
Exactly, you have no comeback or rebuttal
cause I have no clue what your point is. What does Prater have to do with Gordon?
Posted on 8/27/14 at 2:13 pm to Lester Earl
both repeat offenders for substance abuse. Prater initially was going to get a 1 year suspension but somehow got it knocked down to 4 games.
why is it not the same for Gordon?
why is it not the same for Gordon?
Posted on 8/27/14 at 2:32 pm to BlacknGold
There are different guidelines for alcohol under the NFL substance abuse policy
Posted on 8/27/14 at 2:32 pm to NOFOX
Attorneys for Browns receiver Josh Gordon are "considering a lawsuit against the league that would include seeking an injunction to put the [one-year] suspension for violating the league's substance abuse policy on hold while the legal process plays out," reports Fox Sports. However, litigation would be a gamble that would endanger Gordon's chances of reinstatement, the report said.
Posted on 8/27/14 at 2:36 pm to BlacknGold
I haven't found any factual evidence that Prater was in Stage 3.
I doubt his lawyer got him out of a year long suspension that quickly had he been in Stage 3.
I doubt his lawyer got him out of a year long suspension that quickly had he been in Stage 3.
Posted on 8/27/14 at 2:41 pm to Lester Earl
idk about stage 3 but the reports say he has been in the program since 2011 and has had multiple strikes. still sounds similar.
and if the difference being 1 yr vs 4 games because its weed vs alcohol, thats incredibly dumb.
and if the difference being 1 yr vs 4 games because its weed vs alcohol, thats incredibly dumb.
Posted on 8/27/14 at 2:43 pm to BlacknGold
a failed test in stage 3 calls for a year long suspension. That is where Josh Gordon is at.
If Prater was indeed in stage 3, and failed a test, then I can see the hypocrisy.
Then again, that is if they have the same stipulations for an illegal substance vs a legal one.
If Prater was indeed in stage 3, and failed a test, then I can see the hypocrisy.
Then again, that is if they have the same stipulations for an illegal substance vs a legal one.
Posted on 8/27/14 at 2:44 pm to BlacknGold
quote:
and if the difference being 1 yr vs 4 games because its weed vs alcohol, thats incredibly dumb.
I dont think anyone would argue the NFL has shown no consistency when it comes to handing out punishments. As dumb as it is, weed is illegal in the eyes of the law. That probably brings a harsher punishment
Posted on 8/27/14 at 2:48 pm to BlacknGold
quote:
and if the difference being 1 yr vs 4 games because its weed vs alcohol, thats incredibly dumb.
Josh gordon has already had his 4 game suspension. This is Prater's first one. So I'm pretty sure they are in different levels of the program.
Prater's dad said in an interview that Prater was voluntarily in the program as well.
Posted on 8/27/14 at 3:14 pm to Lester Earl
idk. it all seems really ticky tacky and the NFL just handing down what they want at will.
Prater had gotten 2 DUIs and ignored the treatment plan several times, which would put him in stage 3. however the nfl never officially stated what "stage" he was in.
this whole situation is just clouded with misinformation. it just seems like the NFL has a really bad system in handing out suspensions.
eta: forgot to post the link LINK
Prater had gotten 2 DUIs and ignored the treatment plan several times, which would put him in stage 3. however the nfl never officially stated what "stage" he was in.
quote:
the NFL alleges a pattern in Prater of ignoring the treatment plan entirely and/or failing tests when they are given.
To reach the year-long suspension with which the NFL initially threatened Prater, someone would have to fail out of Stage 3 of the program by either testing positive or failing to comply with testing, which can occur up to 10 times in a month both in-season and out-of-season.
this whole situation is just clouded with misinformation. it just seems like the NFL has a really bad system in handing out suspensions.
eta: forgot to post the link LINK
This post was edited on 8/27/14 at 3:15 pm
Posted on 8/27/14 at 3:19 pm to BlacknGold
quote:
it just seems like the NFL has a really bad system in handing out suspensions.
Agreed but I don't see the relevance in comparing Prater's suspension to Gordon's. Weed and alcohol are in different substance categories and should be treated accordingly. Everyone seems intent on comparing Praters lesser punishment to Gordon when the situations aren't equal.
This post was edited on 8/27/14 at 3:24 pm
Posted on 8/27/14 at 3:22 pm to Nonetheless
I'm deferring to florio's legal analysis which is usually if not always spot on
Posted on 8/27/14 at 3:33 pm to DelU249
which was what?
Posted on 8/27/14 at 4:08 pm to NOFOX
quote:
However, litigation would be a gamble that would endanger Gordon's chances of reinstatement, the report said.
sue us and you get a full calendar year, take your medicine and we let you back after the season
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