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inkfreq
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Bear in mind, I am not a lawyer, I just speak legal-ese pretty well. I got interested in Josh Gordon's potential lawsuit against the NFL in his suspension case after it was rumored he may file, and I picked him up in both my fantasy leagues on the off-chance.
This led to me doing some research, and today I even went as far as to speak with an attorney in Cleveland (great use of work hours huh?) to confirm what I was understanding.
My take is that if Josh Gordon files this lawsuit, and based on the knowledge of the case we think we know, he should win both in getting an injunction and the suspension overturned completely.
First, the injunction. In order to get injunctive relief that would allow him to play while his case is heard, he would have to show irreparable harm. That's not easy to establish because he doesn't lose his money for the season, it just extends the end date of his contract, so it's not irreparable.
Two thing help him establish that harm. First he does not accrue a year towards free agency, and football is a time sensitive sport, the older you are, the harder it is to find work.
But even that is thing, because a good lawyer can argue there are no guaranteed, and look at Favre who played 9,002 years.
So we move on to his second point. The Browns denied his request to play in the CFL, which means he can argue that without injunctive relief, he is unable to find gainful employment. That is one judges take seriously, and it is considered irreparable harm.
That should get him his injunction.
But the ban is even easier for him, again, assuming what we think we know about his case is true.
Josh Brown is not an employee of the NFL. He's an employee of the Cleveland Browns. Which means his employment is subject to Ohio law.
In Ohio, there is a law that states before an employee can be punished for a failed drug test, both the A and B samples but be over the limit for that drug.
According to reports, Josh Gordons A sample was over the 15 particles per million standard of the NFL, but his B sample was not, it was under at 13 point something.
So per Ohio law, he cannot be suspended.
When I talked to the attorney in Ohio, who I cold called from a Google search, he told me that was I was reading from the law was exactly the way it should be applied in his state, and he was fairly surprised that Josh had nor already filed suit.
He said he imagines right now that a bunch of law clerks are compiling every case law that could relate to Josh Gordon's case, and handing it off to senior attorneys to compile into a filing with the court.
His statement to me was "I would be shocked to near death if Josh Gordon did not take the field the Sunday after filing this suit and never missed another game as a result of it."
So if you have a spot on your fantasy bench, might be worth stashing him away.
This led to me doing some research, and today I even went as far as to speak with an attorney in Cleveland (great use of work hours huh?) to confirm what I was understanding.
My take is that if Josh Gordon files this lawsuit, and based on the knowledge of the case we think we know, he should win both in getting an injunction and the suspension overturned completely.
First, the injunction. In order to get injunctive relief that would allow him to play while his case is heard, he would have to show irreparable harm. That's not easy to establish because he doesn't lose his money for the season, it just extends the end date of his contract, so it's not irreparable.
Two thing help him establish that harm. First he does not accrue a year towards free agency, and football is a time sensitive sport, the older you are, the harder it is to find work.
But even that is thing, because a good lawyer can argue there are no guaranteed, and look at Favre who played 9,002 years.
So we move on to his second point. The Browns denied his request to play in the CFL, which means he can argue that without injunctive relief, he is unable to find gainful employment. That is one judges take seriously, and it is considered irreparable harm.
That should get him his injunction.
But the ban is even easier for him, again, assuming what we think we know about his case is true.
Josh Brown is not an employee of the NFL. He's an employee of the Cleveland Browns. Which means his employment is subject to Ohio law.
In Ohio, there is a law that states before an employee can be punished for a failed drug test, both the A and B samples but be over the limit for that drug.
According to reports, Josh Gordons A sample was over the 15 particles per million standard of the NFL, but his B sample was not, it was under at 13 point something.
So per Ohio law, he cannot be suspended.
When I talked to the attorney in Ohio, who I cold called from a Google search, he told me that was I was reading from the law was exactly the way it should be applied in his state, and he was fairly surprised that Josh had nor already filed suit.
He said he imagines right now that a bunch of law clerks are compiling every case law that could relate to Josh Gordon's case, and handing it off to senior attorneys to compile into a filing with the court.
His statement to me was "I would be shocked to near death if Josh Gordon did not take the field the Sunday after filing this suit and never missed another game as a result of it."
So if you have a spot on your fantasy bench, might be worth stashing him away.
