Every Monday The White Bronco’s “This Week in Sports Law” previews the week to come in the sports legal world. Here is a look at what is going on this week:
Be sure to check out The White Bronco’s calendar to keep track of all of the key upcoming sports law dates.
Ezekiel Elliot Investigation Continues
The NFL’s investigation into two alleged domestic violence incidents involving Cowboys RB Ezekiel Elliot remains pending with a potential discipline decision under the League’s Personal Conduct Policy potentially coming soon. Elliot was not charged in either incident, however the NFL’s Personal Conduct Policy does not require a criminal charge or conviction in order to discipline players for conduct detrimental to the game. Under the Policy, Elliot faces a “baseline” suspension of six games (although all three domestic violence suspensions under the Policy have been less than six games).
According to a recent report by ESPN’s Adam Schefter, a “person in Elliot’s camp” said that NFL investigators view Elliot as “Public Enemy No. 1.” The NFL also has open investigations into ex-Giants kicker Josh Brown (based on newly released police records) and Bronco’s CB Aqib Talib over a self-inflicted gunshot wound.
Dan Wallach and I thoroughly discussed the Elliot case in two new Conduct Detrimental Podcasts. In the first, we talk with USA Today’s A.J. Perez, who first reported the February incident and 9-1-1 tape excerpts, about each incident and the current status of the NFL’s investigation. In the second, Dan and I talk more about the NFL’s Policy and why this is such an important case.
Derrick Rose Post-Trial Motions Due
Later this week we will get our first glimpse into whether Derrick Rose’s sexual assault accuser will continue her fight after losing a jury trial four weeks ago. On Friday, Jane Doe’s post-verdict motions are due; I detailed what post-verdict motions to expect and Doe’s appeal options here.
A few weeks ago, Rose asked the court to order Doe to pay $70K of Rose’s court fees. Doe fired back that she does not have the financial means to pay the fees and argued that if the court ordered her to do so, it would have a chilling effect on future litigants. Buried in her motion was this interesting quote from a former prosecutor regarding the difficulty of bringing a case against a famous athlete:
Derrick Rose's accuser cites a ex-prosecutor's description of taking on a NFL player in court:
I'd have a "better chance prosecuting POTUS" pic.twitter.com/fcLtBElsfH
— Dan Werly (@WerlySportsLaw) November 14, 2016
Edwin Encarnacion Lawsuit Dismissed?
The woman accusing free agent OF Edwin Encarnacion of giving her STD’s response to his motion to dismiss the federal lawsuit is due on Tuesday (11/15). Encarnacion argues that the New York federal court lacks jurisdiction to hear the case since all of Plaintiff’s allegations of wrongdoing take place in the Dominican Republic, and not stateside. When the suit was filed I argued that Plaintiff had major jurisdictional hurdles, and still believe that to be the case. In any event, after Encarnacion asked the court to dismiss the case a few weeks back, we will finally get to hear the Plaintiff’s justification for filing the case in New York federal court.