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Ezekiel Elliott's 6-Game Suspension Back On ... For Now
13 October 2017, 12:38 | Anna Jefferson
Cowboys running back Ezekiel Elliott
The 5th Circuit Court of Appeals in New Orleans has vacated a Texas judge's injunction in the Ezekiel Elliott case, meaning the Cowboys running back's suspension is set to take effect immediately.
Elliott had filed his suit after arbitration proceedings had been completed, but before the arbiter actually came down with a decision. The 5th Circuit's decision says that Elliott and the NFLPA filed their lawsuit prematurely, going against the league's collective bargaining agreement.
Ezekiel Elliott, the focus of the Redskins defense, remains in the legal system's crosshairs as well. "As there was no final decision, Elliott had not yet exhausted the contracted-for remedies". In that scenario, you're thrown back to square one and the only place this could be heard now is in the southern district of NY, which is the court that Zeke and Elliott's people definitely wanted to avoid.
In his dissenting decision, judge James E. Graves wrote he believed the district court properly and concluded the "NFL is unable to show a likelihood of success on the merits of any irreparable injury for purposes of a stay".
The league has been unwilling to live with that decision. Because the opinion dismissed Elliott's case for lack of subject matter jurisdiction, the fight over his underlying claims remain undecided. This recommendation was not passed on to Goodell and, according to the suit, hindered the commissioner's ability to do his job. In the most prominent, the Tom Brady "Deflategate" case, Brady secured an injunction, allowing him to play the entire 2015 season. Because the National Football League has already filed in NY, it would go there and then Elliott's people would would try to get a temporary restraining order there. The NFL filed in that federal court after Elliott's NFL appeal was denied by arbitrator Harold Henderson last month.
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