I’m not a lawyer, but I’ve been inquiring about the possibilities of Josh Gordon’s potential cases against the NFL, especially given his recent involvement with the CFL. Some have claimed he has no case and others think there’s always lawsuit potential. I tend to just assume the latter, but getting from that assumption to guessing what might actually be happening are very different things. So, I found it interesting when I got the following possibility emailed to me by an attorney.
Consider instead the possibility that his legal team and agent knew the Browns would nix any CFL talk and that they mean to use the fact that he has been declared ineligible to play anywhere but in Cleveland as evidence of “irreparable harm,” in order to secure temporary injunctive relief from his suspension while the court considers whether to permanently enjoin his suspension. Proof of irreparable harm would be necessary to secure such temporary relief, and one way to go about showing it in an employment setting is to demonstrate that, absent temporary relief while the case is pending, the employee would have no means of obtaining gainful employment. It’s generally against public policy to leave someone without the means to earn a living in his trade.
I’m still trying to figure out what all this means, and I should probably just wait, but I’m curious like that. Does “exploring options” mean there are five people sitting in a room somewhere putting a potential suit together? Are they digging through cases for relevant ammunition in this current case? Are they focused on federal or state laws?
Any attorneys who would like to weigh in, I’m all ears. Sometimes I hate when sports isn’t about games, but this is the hand that we Browns fans were dealt when Tom Heckert traded into the supplemental second round to select a guy who has sick abilities on the field… you know… when he’s allowed to be on it.
(Photo by Scott Sargent/WFNY)