The latest motion in Ezekiel Elliott and the NFL Players Association’s legal battle with the NFL has been decided. A three-judge panel for the 5th U.S. Circuit Court of Appeals in New Orleans sided with the NFL and granted a stay for the injunction that was delaying Elliott’s six-game suspension.
The court’s decision also ordered the district court that issued the injunction to drop Elliott’s case entirely. The NFLPA asked the court to recall that mandate, and the court denied that motion on Tuesday.
The NFLPA filed a new motion on Monday for an emergency temporary restraining order with a New York federal court, according to ESPN’s Josina Anderson. If granted, Elliott’s suspension will be delayed once again.
The court sided with the NFL in a split decision because it determined that the district court that issued the stay did not have subject matter jurisdiction. The appellate court also ordered the district court to dismiss the case filed by Elliott’s representatives, NFL Network’s Tom Pelissero said.
After the decision was announced, the NFL said that Elliott would serve his suspension “immediately” and could return to the Cowboys on Friday, Nov. 24, according to Ian Rapoport. Elliott was handed the suspension after a year-long investigation into domestic violence allegations made against him in July 2016.
On Thursday, Elliott’s legal team said they were still deciding on the next step.
“We are currently exploring all of our legal options and will make a decision as to what is the best course of action in the next few days,” Elliott’s lawyer Frank Salzano said, via Rapoport. The NFLPA also released a statement saying it was “considering all options.” The statement also said, “The appellate court decision focuses on the jurisdictional issues. The failures of due process by the NFL articulated in the district court's decision were not addressed.”
On Friday, the NFLPA said it will ask for an en banc hearing, which would put the case before all of the circuit court’s judges instead of a three-judge panel. The players’ association also filed a motion for a temporary restraining order with the district court in New York that heard Tom Brady’s Deflategate case.
The Cowboys have a bye in Week 6, giving them more time to fight this latest decision in court.>
Source : https://www.sbnation.com/2017/10/12/16330764/ezekiel-elliott-6-game-suspension-appeal-nfl-wins-cowboys