Evidently, he's unaware of how fast Benjamin is... Pass was definitely under-thrown.
Agreed. Unless Gordon is around, he could have issues with that "throw it up and hope Mike Evans comes down with it" mentality.Dr. KnOiTaLL;1641250 wrote:Evidently, he's unaware of how fast Benjamin is... Pass was definitely under-thrown.
PatMcManamon ‏ @ts1227;1641264 wrote:1/7 with a pick so far
Really is. I expect a ruling 10 min before game 1 of the reg season.Rotinaj;1641345 wrote:Lol 1-3 weeks to make a decision on Gordon. What a fucking joke.
That. Is. Awesome.shook_17;1641369 wrote:From the OBR watercooler. I found it interesting if true.
Very interesting legal analysis by Cedric Hopkins.
Cedric Hopkins
I attended the University of New Mexico and played basketball for the Lobos. After back-packing in Europe for a spell, I decided to attend law school. After graduation, I worked for a small firm in San Diego, CA then moved to Tucson where I opened my law practice, The Hopkins Law Office, P.C. I specialize in writing appeals in criminal and civil matters at the state and federal level.
For years, I have researched and written about legal issues but maintained a love for sports. With FieldandCourt.com, I am combining my two passions and researching and writing about sports. When I'm not in court arguing my case before a judge, I'll be doing the same with my articles on FieldandCourt.com.
What to expect if Gordon loses his appeal
"Within hours of losing his appeal (which, of course, I’m assuming he does for purposes of this article) Gordon will file a lawsuit with the clerk of the Cuyahoga County Court of Common Pleas, the state court in Cleveland, Ohio.Simultaneously with filing a civil suit, Gordon will file a request for a temporary restraining order against the NFL. No, this isn’t what your crazy ex-girlfriend filed against you for calling her too much.
Gordon’s request for a temporary restraining order (or, TRO) will ask the Ohio judge to stop (or restrain) the NFL from enforcing his suspension. If you recall, the TRO in the StarCaps case (that was later turned into an injunction, which is basically the same thing) allowed the Kevin and Pat Williams to play for two complete seasons. They played the 2009 and 2010 seasons while their case was pending in the court system."
"The tougher challenge Gordon faces is showing that he is entitled to relief. I think he is, based on Ohio law.
The strongest claim Gordon will argue is that under Ohio law (but using the NFL’s cutoff levels) he did not test positive for marijuana or, more accurately, THC metabolites.
As I’m sure you know by now, the NFL divides a player’s urine into two bottles: bottles “A” and “B.” If bottle “A” is positive for the THC metabolite, then bottle “B” is used to confirm what was in bottle "A."
According to Section I(C)(3)(e) of the NFL's Substance Abuse Policy, as long as bottle “B” contains the THC metabolite (at any level), then the sample is considered positive and the player is subject to the league’s discipline.
Ohio law differs.
Under Ohio law (Ohio Code 123:1-76-07), only “specimens which test negative on the initial test or negative on the confirmatory test shall be reported as negative.” If the NFL is bound by Ohio law, Gordon’s confirmatory test was negative. Hence, he did not test positive for marijuana as claimed by the NFL."
"Again, Ohio law says that both the initial drug test and the confirmation test must be positive. Or, as Ohio wrote its law, if either of the specimens are negative then the employer is obligated to report the result as negative.
The NFL will attempt to circumvent Ohio law by arguing only federal law applies to the Collective Bargaining Agreement and Substance Abuse Policy. This is a preemption doctrine that will effectively wipe out Gordon's state-law claims. The NFL attempted this argument against Kevin and Pat Williams in the StarCaps case and lost.
Federal courts have already found that the NFL is an employer of each NFL player and therefore is bound by the state laws where that player is employed. So Ohio courts should ultimately decide the case and Ohio law should control the outcome of the case.
And in Gordon’s case, once the confirmation test showed Gordon was under his employer’s threshold amount for marijuana, the test was “negative” under state law. The NFL found otherwise, contradicting state law."
"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. "
If it seriously takes 1-3 weeks and Gordon then gets suspended, he will miss the whole season and basically miss all of preseason and camp leading up to next year as well, which would put him behind for the start of next season should he be reinstated.shook_17;1641368 wrote:It truly is a joke. 1-3 weeks I found a good article on OBR I will post it here shortly.
Found this semi interesting, but I have to question the whole thing about the individual state's law when it pertains to a national entity like the NFL? Couldnt one then argue that the Bronco players should be allowed to smoke pot since Colorado has legalized it?shook_17;1641369 wrote:From the OBR watercooler. I found it interesting if true.
Very interesting legal analysis by Cedric Hopkins.
Cedric Hopkins
I attended the University of New Mexico and played basketball for the Lobos. After back-packing in Europe for a spell, I decided to attend law school. After graduation, I worked for a small firm in San Diego, CA then moved to Tucson where I opened my law practice, The Hopkins Law Office, P.C. I specialize in writing appeals in criminal and civil matters at the state and federal level.
For years, I have researched and written about legal issues but maintained a love for sports. With FieldandCourt.com, I am combining my two passions and researching and writing about sports. When I'm not in court arguing my case before a judge, I'll be doing the same with my articles on FieldandCourt.com.
What to expect if Gordon loses his appeal
"Within hours of losing his appeal (which, of course, I’m assuming he does for purposes of this article) Gordon will file a lawsuit with the clerk of the Cuyahoga County Court of Common Pleas, the state court in Cleveland, Ohio.Simultaneously with filing a civil suit, Gordon will file a request for a temporary restraining order against the NFL. No, this isn’t what your crazy ex-girlfriend filed against you for calling her too much.
Gordon’s request for a temporary restraining order (or, TRO) will ask the Ohio judge to stop (or restrain) the NFL from enforcing his suspension. If you recall, the TRO in the StarCaps case (that was later turned into an injunction, which is basically the same thing) allowed the Kevin and Pat Williams to play for two complete seasons. They played the 2009 and 2010 seasons while their case was pending in the court system."
"The tougher challenge Gordon faces is showing that he is entitled to relief. I think he is, based on Ohio law.
The strongest claim Gordon will argue is that under Ohio law (but using the NFL’s cutoff levels) he did not test positive for marijuana or, more accurately, THC metabolites.
As I’m sure you know by now, the NFL divides a player’s urine into two bottles: bottles “A” and “B.” If bottle “A” is positive for the THC metabolite, then bottle “B” is used to confirm what was in bottle "A."
According to Section I(C)(3)(e) of the NFL's Substance Abuse Policy, as long as bottle “B” contains the THC metabolite (at any level), then the sample is considered positive and the player is subject to the league’s discipline.
Ohio law differs.
Under Ohio law (Ohio Code 123:1-76-07), only “specimens which test negative on the initial test or negative on the confirmatory test shall be reported as negative.” If the NFL is bound by Ohio law, Gordon’s confirmatory test was negative. Hence, he did not test positive for marijuana as claimed by the NFL."
"Again, Ohio law says that both the initial drug test and the confirmation test must be positive. Or, as Ohio wrote its law, if either of the specimens are negative then the employer is obligated to report the result as negative.
The NFL will attempt to circumvent Ohio law by arguing only federal law applies to the Collective Bargaining Agreement and Substance Abuse Policy. This is a preemption doctrine that will effectively wipe out Gordon's state-law claims. The NFL attempted this argument against Kevin and Pat Williams in the StarCaps case and lost.
Federal courts have already found that the NFL is an employer of each NFL player and therefore is bound by the state laws where that player is employed. So Ohio courts should ultimately decide the case and Ohio law should control the outcome of the case.
And in Gordon’s case, once the confirmation test showed Gordon was under his employer’s threshold amount for marijuana, the test was “negative” under state law. The NFL found otherwise, contradicting state law."
"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. "
How so? It's sad that a young man's career will be cut short abruptly but it wasn't like he was some dominant road grader guard. Greco has done fairly well in that position and with the additions of Bitonio, McQuistan and (they still have) Gilkey, there should be good depth at guard.Midstate01;1641329 wrote:Damn just saw pinkston is retiring due to blood clots. Big blow.
Yeah, it's def not a big blow. I don't think Pinkston was going to be a starter regardless.BR1986FB;1641477 wrote:How so? It's sad that a young man's career will be cut short abruptly but it wasn't like he was some dominant road grader guard. Greco has done fairly well in that position and with the additions of Bitonio, McQuistan and (they still have) Gilkey, there should be good depth at guard.
Nothavoice;1641469 wrote: Couldnt one then argue that the Bronco players should be allowed to smoke pot since Colorado has legalized it?
Agreed. Nice to NOT see names like "O'Neil Cousins" on the depth chart.......team has definitely taken a step forward as far as depth. There will be guys that will be released that will be contributors for other teams this year. Can't say that's been the case consistently.like_that;1641478 wrote:Yeah, it's def not a big blow. I don't think Pinkston was going to be a starter regardless.
You are a bitch.Footwedge;1641644 wrote:Dangerous Daryl Rider, a self proclaimed Hoyer neutrical hugger, admitted today that Manziel dominated in practice today. Will be stunned if Hoyer starts the opener in Pittsburgh. There is such a talent gap there that Pettine's choice will actually be pretty easy.
Sorry, the local "guys" said both had solid practices and it was pretty even. I know that Rider said that but that was one opinion. The rest had it pretty even.Misinformed, again.....Footwedge;1641644 wrote:Dangerous Daryl Rider, a self proclaimed Hoyer neutrical hugger, admitted today that Manziel dominated in practice today. Will be stunned if Hoyer starts the opener in Pittsburgh. There is such a talent gap there that Pettine's choice will actually be pretty easy.
