Gordon may sue
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"Any lawsuit would face an immediate and aggressive challenge from the NFL under the Federal Arbitration Act, which requires courts to respect the outcome of private litigation. Only in rare circumstances can a court throw out the results of a private arbitration procedure, and the standard for scuttling the outcome is high."
"Any lawsuit would face an immediate and aggressive challenge from the NFL under the Federal Arbitration Act, which requires courts to respect the outcome of private litigation. Only in rare circumstances can a court throw out the results of a private arbitration procedure, and the standard for scuttling the outcome is high."
It was explained this morning that the arbitrator left the door open...
Just who is the "arbiter" in this case?
Edit: Turns out to be a fellow named Harold Henderson, who has been an NFL employee in one capacity or another for some time. Digging a little deeper...
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From: http://www.digital-equality.org/leadership_details.php?sid=564
Harold R. Henderson served as NFL Executive Vice President for Labor Relations and Chairman of the NFL Management Council Executive Committee for sixteen years. In that capacity, he had responsibility for all aspects of the League's player and labor relations, with a legal and professional staff of 44 reporting to him. Recently Mr. Henderson, now Executive Vice President for Player Development; has focused on Player Development programs, drug, alcohol, steroid and conduct policies; and benefits for current and former players.
Sounds at least as impartial as the Dr. who stonewalled the concussion issue for a couple decades...
"When you have a shared vision it is a lot easier to make unpopular decisions." - Paul DePodesta "When you win, say nothing. When you lose, say less." - Paul Brown Complete 2017 Browns Board Mock: http://thebrownsboard.com/forums/index.php?showtopic=46196 -
From: http://www.digital-equality.org/leadership_details.php?sid=564
Harold R. Henderson served as NFL Executive Vice President for Labor Relations and Chairman of the NFL Management Council Executive Committee for sixteen years. In that capacity, he had responsibility for all aspects of the League's player and labor relations, with a legal and professional staff of 44 reporting to him. Recently Mr. Henderson, now Executive Vice President for Player Development; has focused on Player Development programs, drug, alcohol, steroid and conduct policies; and benefits for current and former players.
Sounds at least as impartial as the Dr. who stonewalled the concussion issue for a couple decades...
Sounds at least as impartial as the Dr. who stonewalled the concussion issue for a couple decades...
Which it appears Mr. Henderson had a role in...
"We recognize that there are a number of players, and a growing number of players, recognized to be struggling," Harold Henderson, the Executive Vice President of the NFL said.
From an 2007 article concerning the struggle of John Mackey...
http://www.cbsnews.com/news/john-mackey-from-the-nfl-to-dementia/
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"Any lawsuit would face an immediate and aggressive challenge from the NFL under the Federal Arbitration Act, which requires courts to respect the outcome of private litigation. Only in rare circumstances can a court throw out the results of a private arbitration procedure, and the standard for scuttling the outcome is high."
"Any lawsuit would face an immediate and aggressive challenge from the NFL under the Federal Arbitration Act, which requires courts to respect the outcome of private litigation. Only in rare circumstances can a court throw out the results of a private arbitration procedure, and the standard for scuttling the outcome is high."
I find it hard to believe the court has to respect the private litigation IF it is in direct conflict ith the labor laws in the governing state.
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As I understand it....those labor laws protect state employees. But I've seen conflicting information either way.
To sue would only exacerbate this problem. Sit the year, clean the shit up, and come back when the Lil guy is ready to play.
As I understand it....those labor laws protect state employees. But I've seen conflicting information either way.
To sue would only exacerbate this problem. Sit the year, clean the shit up, and come back when the Lil guy is ready to play.
If he were to sue and get a court to agree the test and / or results were against fair labor practice in the state of Ohio he may have a chance to permanently negate the suspension. I don't say its likely but it would be worth a shot on his part.
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And now Aldon Smith gets to use and be at the team facility during his 9-game suspension... including attending team meetings...
http://www.usatoday.com/story/sports/nfl/49ers/2014/08/29/aldon-smith-san-francisco-nfl/14793107/
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It was explained this morning that the arbitrator left the door open for immediate reinstatement after completion of the 2014 season including any playoffs. That means he will be able to come back (if he both keeps his nose clean and shows he is both doing something with his time that is constructive and/or therapeutic) BEFORE start of off season meetings, OTA's, preseason games, etc.
That it why it imperative that he take a more proactive stance in owning up to his problem and demonstrating he is doing something about it and about his life in general. The more he attacks the process instead of holding on to this secondhand smokescreen, the more likely he is to NOT have that ban lifted just after the season and THE MORE he hurts the Browns. Time for this kid to stop being a selfish asshole and take full responsibility. His legal team is now not helping at all. That is what we call in the therapeutic community ENABLING, as enabling someone to continue with their substance abuse problem. It's the first word he needs to learn if he ever wants to come out on the other end of this a better person.
And just for the record I spent my whole career assisting combat veterans in getting through problems just like this. Forcing someone to see the reality of what they do to themselves is not an easy process, but totally necessary. It takes a tough asshole like me to square someone up in the mirror for a really hard, painful look. JG needs to find someone like that who can't be fooled by all the BS.
pretty much everyone agrees that gordon has a problem that he needs to address....it's the severity of his penalty, for a victimless infraction,...compared to beating your girlfriend unconscious in an elevator, that has people upset.....it just doesn't make sense.....ask your wife or daughter which she thinks is worse......
pretty much everyone agrees that gordon has a problem that he needs to address....it's the severity of his penalty, for a victimless infraction,...compared to beating your girlfriend unconscious in an elevator, that has people upset.....it just doesn't make sense.....ask your wife or daughter which she thinks is worse......
Heard some of Joe Thomas' post game take on the situation- why it probably took so long (reading between the lines). Joe is seriously pissed on the inequity. Goodell comes out and admits the NFL f**ked up on Ray Rice, but they can't admit they're behind the times on recreational drugs?
My 0.02 on the behind the scenes take is- the NFLPA tried to revisit the drug testing policy on THC (and they can do that under the CBA) but in return, the NFL wanted to reopen the whole CBA, and the players declined, because it opened up far to many cans of worms in the middle of the contract. Mainly- the League wants to test for HGH.
I'm too tired to beat it out of them. 🥷
Gordon actually wanted to play in the CFL this year but the Browns wont let him.
Now that he is suspended I don't think the Browns would have any control over that would they?
Regarding Josh- they sure do have control. They own his rights, and for him to play in the CFL this year, they'd have to flat-out cut him (per CFL rules) No guarantee Josh would re-sign with the Browns in 2015. He'd be the most coveted FA by far, assuming he keeps on passing drug tests. Josh comes back clean, the Browns will pay him around $500k, instead of $5 million +.
Seriously- if you were Farmer- would you trust Josh enough to say- "OK we're gonna release you, now be all nine-nice and come back to Cleveland next year?" I wouldn't.
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ALDON SMITH WAS A SLAP ON THE WRIST COMPARED TO GORDON.
CAN'T WAIT TO SEE THE IRSAY PUNISHEMNT.
SHOULD BE A LAUGH AND A HALF.
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ALDON SMITH WAS A SLAP ON THE WRIST COMPARED TO GORDON.
CAN'T WAIT TO SEE THE IRSAY PUNISHEMNT.
SHOULD BE A LAUGH AND A HALF.
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Shouldn't 120 drug tests a year be considered cruel and unusual punishment. Let the guy pay a fine and play football, it's not performance enhancing and it's not like he's not trying to do the right thing. Everybody is calling Josh Gordon a drug addict and a low-life around these parts, it's bullshit. He should sue for defamation of character. He's a young and very talented kid being strung through the wringer right now and it makes me sick...
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It was explained this morning that the arbitrator left the door open for immediate reinstatement after completion of the 2014 season including any playoffs. That means he will be able to come back (if he both keeps his nose clean and shows he is both doing something with his time that is constructive and/or therapeutic) BEFORE start of off season meetings, OTA's, preseason games, etc.
That it why it imperative that he take a more proactive stance in owning up to his problem and demonstrating he is doing something about it and about his life in general. The more he attacks the process instead of holding on to this secondhand smokescreen, the more likely he is to NOT have that ban lifted just after the season and THE MORE he hurts the Browns. Time for this kid to stop being a selfish asshole and take full responsibility. His legal team is now not helping at all. That is what we call in the therapeutic community ENABLING, as enabling someone to continue with their substance abuse problem. It's the first word he needs to learn if he ever wants to come out on the other end of this a better person.
And just for the record I spent my whole career assisting combat veterans in getting through problems just like this. Forcing someone to see the reality of what they do to themselves is not an easy process, but totally necessary. It takes a tough asshole like me to square someone up in the mirror for a really hard, painful look. JG needs to find someone like that who can't be fooled by all the BS.
I'm glad josh is suing. Based on the info Thaak posted here a while back: Ohio state law requires both samples to be positive to be viewed as a failed drug test. Being that the precedent has already been set for nfl players being held to the laws of their state of employment (in this case Ohio) I believe josh has a pretty good chance of winning if his legal team is worth a damn.
Furthermore why is everyone talking about Gordon having a problem as if he's addicted to heroin or is the ring leader of a child pornography syndicate? His problem is he hung out with friends who smoke pot. So he was a witness to a victimless crime, who gives a fuck. I see people breaking the law all the time, guess I should lose my job for a year.
The people who don't believe that it was second hand smoke are the worst kind of delusional. Josh Gordon, according to state law, passed a drug test with a threshold over three times lower than the U.S. Military, and is supposed to be viewed as some great offender. He could've tripled the THC in his system and still been eligible to sacrifice his life on foreign soil for the bank ledger of the military industrial complex.
I'm glad josh is suing. Based on the info Thaak posted here a while back: Ohio state law requires both samples to be positive to be viewed as a failed drug test. Being that the precedent has already been set for nfl players being held to the laws of their state of employment (in this case Ohio) I believe josh has a pretty good chance of winning if his legal team is worth a damn.
Furthermore why is everyone talking about Gordon having a problem as if he's addicted to heroin or is the ring leader of a child pornography syndicate? His problem is he hung out with friends who smoke pot. So he was a witness to a victimless crime, who gives a fuck. I see people breaking the law all the time, guess I should lose my job for a year.
The people who don't believe that it was second hand smoke are the worst kind of delusional. Josh Gordon, according to state law, passed a drug test with a threshold over three times lower than the U.S. Military, and is supposed to be viewed as some great offender. He could've tripled the THC in his system and still been eligible to sacrifice his life on foreign soil for the bank ledger of the military industrial complex.
of all the posts ive read..this seems the most level headed thus far...nicely done.
Nickers...."There are no old running QB's in the NFL "~Sam Rutigliano~ -
Irsay is a bit irrelevant. He's not covered in the CBA, Which was negotiated by the players.
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Next time maybe Gordon should utilize this service:
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Next time maybe Gordon should utilize this service:
Next time maybe Gordon should utilize this service:
If you didn't know- the NFL already goes that one better- it's 24\7 pickup service. Every player should have that number on speed dial. I wonder now that he's suspended, does Gordon still get to use it?
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"Any lawsuit would face an immediate and aggressive challenge from the NFL under the Federal Arbitration Act, which requires courts to respect the outcome of private litigation. Only in rare circumstances can a court throw out the results of a private arbitration procedure, and the standard for scuttling the outcome is high."
but like any lawsuit it'd buy time.
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Aldon's "9" does not include the 5 he missed while in rehab last year... so I'm not irritated by the length of his 2014 suspension.
What irritates me is that he got to have a face to face with Goodell and gets to stay involved with the team throughout his suspension.
The latter is something any player "with a problem" would benefit from. The former either should be part of the process all the time or none of the time...
But to me the biggest injustice is an arbitrator with long and close ties to the league. Such a person simply does not meet the definition of the word:
ar·bi·tra·tor
/ˈärbiˌtrātər/
noun: arbitrator; plural noun: arbitrators
an independent person or body officially appointed to settle a dispute.
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Aww fuck it. Life isn't fair.
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