NFL files emergency motion to stay Ezekiel Elliott injunction with appeals court

Getty Images

Two years ago, the NFL accepted the decision to block Tom Brady‘s suspension pending the outcome of his litigation. This time around, the NFL has opted for a more aggressive approach regarding the ruling that blocks Ezekiel Elliott‘s suspension.

The league has filed an “Emergency Motion for Stay Pending Appeal,” which specifically requests a decision by September 19 and no later than September 26.

The earlier date would take Elliott off the field for the Week Three game against the Cardinals, if the motion is granted. The later date would start the suspension in Week Four, against the Rams.

The stay would allow the suspension to be enforced while the U.S. Court of Appeals for the Fifth Circuit considers whether to overturn the ruling that delays the appeal.

The league’s primary goal seems to be putting the issue of jurisdiction before the appeals court, hopeful that the appeals court will find that the entire case should be dismissed because it was filed too soon, before the federal judge in Texas rules on the issue of whether the case should be dismissed.

Ultimately, the league hopes to secure the dismissal of the Texas case, with the lawsuit the league filed in New York then taking precedence. Based on the eventual outcome in the Brady case, the league believes that it would quickly win its New York case.

46 responses to “NFL files emergency motion to stay Ezekiel Elliott injunction with appeals court

  1. Sad that we’ve come to the point in nearly all areas of society where guile and deceit are favored over the truth. It’s not about guilt or innocence, rather who is quicker to court.

  2. I cant seem to figure out if the league simply doesnt realize they continue to look like bigger and bigger asphincter faces, or they simply don’t care.

    I get it, they want to punish Zeke, or perhaps they want to punish Zeke in order to set a precedent from this point on. But they have bungled this almost the entire way, and they don’t seem to understand that the more they dig in, the worse this looks for them. It just reeks of incompetence, which in turn makes them look like they dont know what they are doing.

  3. What exactly is the emergency? What irreparable harm will be done to the league if he continues to play pending a decision?

  4. You can’t have players running to their home states judges to stop from being punished. Take your punishment and stop assaukting women.

  5. Elliot just needs to stop this. Take the 6 games and get it over with. This is not what the Cowboys him or the NFL needs at this point and time.The fact is that something did happen and that is that.

  6. jammer88 says:
    September 15, 2017 at 11:30 am
    You may as well get use to this because Elliot is not the smartest knife in the drawer and his getting in trouble while in the NFL has just started.
    _____________

    I think you’re missing the point here. From the vantage point of the general public, you are probably right. Elliott has not made wise decisions given his situation.

    The league doesn’t really care is domestic violence occurred or not. They only care about covering their a**. That’s not a good reason to ruin a man’s reputation and punish him for something he has vehemently denied from the start. He has a right to a fair judgement where all evidence is taken into account. Even if he is a kind of a douche.

  7. Not that I agree with the NFL on this matter but I do find it somewhat hilarious that the same Jerry Jones, who was so supportive of Goodell during the Brady saga, has now become his nemesis now that the shoe is on the other foot.

  8. “I cant seem to figure out if the league simply doesnt realize they continue to look like bigger and bigger asphincter faces, or they simply don’t care.”

    ————————————————–

    I’d put my money on the latter. The league cares about money and exorcising complete control over chattel.

  9. Why can’t the NFL see that in their zeal to make up for their past corruption and incompetence, they are doing nothing more than making a complete mockery of all of the women that experience domestic violence?

  10. lsuzilla says:
    September 15, 2017 at 11:37 am

    You can’t have players running to their home states judges to stop from being punished.
    ———————-

    These aren’t home state judges. They are Federal judges.

    Roger is only trying to get it moved to New York because he has a couple of judges on retainer up there.

  11. All those haters who are certain Zeke is guilty-please provide proof of his guilt. Call him young and dumb – fine. He is young and full of testosterone, but his choice of girlfriend is his biggest mistake. She was proven to be liar by the Ohio PD from early on.

    The NFL is the guilty party here, dragging this ridiculousNess out while the fans and taxpayers ate forced pay the price for their ineptitude. Mara’s influence on Goodell is blatantly obvious, but l bet the case goes in favor of Zeke, as it has been illustrated pretty clearly that this is (and has been) a witch hunt from day one.

    Goodell is a spineless puppet who is tarnishing the NFL beyond belief.

  12. 2 Points of view:

    1) Courts & Law: Voted on by Legislators after great debate & consideration, Approved, Implemented/Enacted, Understood & Undeniable for all to read & see going forward.

    2) Court of Public Opinion: Sways with the wind and varies based on such fickle things as where you reside, social Demographics & political leanings.

    One matters in the big picture of the World & the other doesn’t. Plain & simple.
    Ezekiel might want to invest in some lounge clothes, comfortable chair & popcorn…because he’s going to need em’.

  13. I love the people who say Elliott shold shut up and take the punishment. If he didn’t do anything wrong then why shouldn’t he fight this? Yes he has made some other questionable decisions but if he is innocent why should he sit back and take a suspension.

    Right now the NFL is labeling him a abuser. I would fight it to if i didn’t do it. He wasn’t found guilty by a jury of his peers….it was just a man and his select people…and actually on of his own people didn’t think there was much or anything to suspend him.

  14. How much hypocrisy is required of people to ridicule the NFL for seeking a removal of injunction, yet applaud Elliot for receiving one? Further, why don’t the players/fans/media get upset with the NFLPA (P stands for players, btw) for putting these rules in place?!?!

    I’ll hang up and wait on the trolling replies.

  15. How much hypocrisy is required of people to ridicule the NFL for seeking a removal of injunction, yet applaud Elliot for receiving one? Further, why don’t the players/fans/media get upset with the NFLPA (P stands for players, btw) for putting these rules in place?!?!

    I’ll hang up and wait on the trolling replies.

  16. jsrdc says:
    September 15, 2017 at 11:58 am
    All those haters who are certain Zeke is guilty-please provide proof of his guilt.

    jbacher35 says:
    September 15, 2017 at 12:04 pm
    I love the people who say Elliott shold shut up and take the punishment. If he didn’t do anything wrong then why shouldn’t he fight this?


    I feel like we’ve been through all this recently.

  17. charger383 says:
    September 15, 2017 at 12:01 pm
    If Elliott had done something bad he would be in jail, since he is not in jail he should be playing

    Right, because bad people never get off on technicalities.

  18. I love the people who say Elliott shold shut up and take the punishment. If he didn’t do anything wrong then why shouldn’t he fight this? Yes he has made some other questionable decisions but if he is innocent why should he sit back and take a suspension.

    Right now the NFL is labeling him a abuser. I would fight it to if i didn’t do it. He wasn’t found guilty by a jury of his peers….it was just a man and his select people…and actually on of his own people didn’t think there was much or anything to suspend him.

    ———————————-

    1. The NFL is not a court of law and is not held to the same standard.
    2. Being suspended by the NFL is not the same as being convicted and sentanced by a court of law.
    3. The NFL has made it’s decision and the courts are not going to overturn it.
    4. All he is doing is dragging this out and making sure everyone knows he is young and stupid.

    The NFLPA knows the courts aren’t going to overturn a ruling within the bounds of the CBA. Everyone can wail about how unfair they think it is but at the end of the day, Zeke is going to serve his suspension at some point.

  19. idioticidiom says:
    September 15, 2017 at 12:20 pm

    How much hypocrisy is required of people to ridicule the NFL for seeking a removal of injunction, yet applaud Elliot for receiving one?
    ——————-

    None. If the NFL actually was in the right, and had good intentions, maybe a little.

    They’re only trying to get it to New York, because when an unbiased court looks at all of the facts of their cases, they rule in favor of the player, and rightly so.

  20. eagleswin says:
    September 15, 2017 at 12:32 pm

    1. The NFL is not a court of law and is not held to the same standard.
    ————————

    What standard are they held to? If they deny a player his rights at an appeal, they need to be held accountable.

  21. I just find it funny that nobody outside of MA was crying foul when the league was railroading Tom Brady in the public eye without indisputable evidence. “Oh he destroyed his phone”… even though transcripts from his “appeal” with Goodell showed he provided a full printout of texts, calls and emails. Zeke refused to give up his phone, family and close friends refused to talk to the league investigators and the printout he provided was a cherry picked gem with names, numbers and portions of sentences blacked out but lets all rush to his defense. We all warned you of the precedent that clown show would set… isn’t so funny when it’s your player, is it?

  22. So what is the NFL supposed to do. They yes took a bit long to suspend ZE but at the same time they took their time and seemed to do a decent job of ensuring they were covered off. With that said they suspend him and the player runs to a different judicial site and gets a judge who may or may not be friends with someone else to over turn a ruling. So the league just says what ok thanks we’ll let this go. Of course not they need to push to uphold their suspension. With that said the league and players should only have one court that is available for them instead of going to courts all over the country. Where there is smoke there is fire. ZE got himself in trouble and due to public opinion the league is trying it’s best to suspend these players and show fans that they care:)

  23. It is downright amazing the level of ignorance on display in this thread concerning people’s understanding (actually blatant lack thereof) of how federal courts work and why the NFL is responsible for operating within established federal collective bargaining laws.

  24. charger383 says:

    If Elliott had done something bad he would be in jail, since he is not in jail he should be playing
    ^^^^^^^^^^^^^^^^^

    I can’t believe that you truly believe that.

    If your old enough to read and comprehend, you can easily, in a matter of minutes, find hundreds of people that have done bad things and never spent a day in jail.

    I know for a fact that if I had mishandled classified material (like a former presidential candidate) while I was in the military – I would have been sent to Leavenworth.

    I couldn’t afford all the lawyers that she had – just like I can’t afford all the lawyers Zeke has.

  25. packrule says:
    September 15, 2017 at 2:31 pm

    So what is the NFL supposed to do. They yes took a bit long to suspend ZE but at the same time they took their time and seemed to do a decent job of ensuring they were covered off.
    ———————-

    Do you know anything about this case, or the conduct of the NFL league office?

  26. So law enforcement does an investigation that concludes there is no evidrnce of a crime. Obviously the NFL doesnt like that answer so they hold their own investigation. They take over a year to try and find evidence but eventually give up and just hand down a suspension anyways and claim thats the right answer. So a court is looking to see what was the right answer, in the meantime there is a decision for everybody to just hold their horses while they do that. The NFL isnt into holding horses so they have asked a court to say they can enforce their decision without waiting for the other court to review it. …..and that folks is the emergency.

  27. Whether it’s judges in Texas or New York, bIas in the judicial system can’t be completely eliminated. Yes you can guard against obvious situations such as judges having direct or familial ties to the parties or their associates. But beyond that we rely on the openness of the process and whether the judge is being complete, thorough and intellectually honest in the published opinion. And when it goes up on appeal we expect the same rigor when a 3-judge panel reviews the written record.

    So, I don’t care that a judge located in Texas favored the player’s position at this early stage. I’m more interested in whether the judge is right, and based on what little I know, the judge found serious flaws in the process governed by the CBA Let’s see if the appeals court agrees.

  28. Lemmy Aksyadis says:
    September 15, 2017 at 12:28 pm
    charger383 says:
    September 15, 2017 at 12:01 pm
    If Elliott had done something bad he would be in jail, since he is not in jail he should be playing

    Right, because bad people never get off on technicalities.
    ==================================
    Good people do as well.

  29. packrule says:
    September 15, 2017 at 2:31 pm
    So what is the NFL supposed to do.
    ===========================
    Hoe about conduct a fair and transparent discipline process? Bottom line … you don’t suspend a player based on smoke.

  30. I’m all for these guys being punished when they do something wrong but the NFL needs to come forward with some evidence, otherwise it just looks like another vendetta.

  31. kmartin173 says:
    September 15, 2017 at 4:01 pm

    I’m all for these guys being punished when they do something wrong but the NFL needs to come forward with some evidence, otherwise it just looks like another vendetta
    ————————–

    They came up with some claptrap about the taking of the pictures of the nondescript bruises occurring within the time frame that her and Elliott were together.

    Of course they disregarded testimony from medical experts that said the bruises looked to be about a week older than that time period.

    They also disregarded any and all evidence that would have tended to exonerate Elliott.

  32. The NFL is dead wrong on this one. Mr. Goodell, you’re not God, a judge or a one man jury. The law has already looked at this in great detail.

    From CBS sports and TMZ :
    “According to the report, cops also spoke with 4 witnesses — but they all told cops they didn’t see an assault. One of the witnesses was in the car at the time of the alleged incident.”
    One witness WHO WAS IN THE CAR!!! He may be an idiot and she a drama queen but you cannot usurp authority and go on your own witch hunt. STHU

  33. I’ll add one more thought regarding this BS. If Elliot gets suspended, I’m all done with the NFL for the remainder of the year. I’m sick of heavy handed so-called leaders who ignore the obvious and the truth.

  34. I’ll add one more thought regarding this nonsense. If Elliot gets suspended, I’m all done with the NFL for the remainder of the year. I’m sick of heavy handed so-called leaders who ignore the obvious and the truth.

  35. hammerofcheddar says:
    September 15, 2017 at 7:04 pm

    Hey…can you Jerry’s Boyz please think about the victim?
    ——————-

    Elliott is the victim of two lying, vindictive people: Tiffany Thompson, and Lisa Friel.

  36. If rape and physical abuse and the like are egregious and despicable and atrocious acts of vile individuals and are punishable with very stiff consequences (which they are and should be), then doesn’t it stand to reason that false accusations of rape and physical abuse and the like by vile individuals should be equally punishable . . . People who make these false accusations are nothing more than disgusting gold diggers. That is clearly the case here . . . look at the evidence against her . . . she’s on record saying as much . . . you hardly even need to read between the lines of her statements and the testimony against her to see that is what is happening here . . . Elliott’s done some other stupid stuff, no arguments there at all, but he is clearly innocent in this case and the Notorious Fruitcake Laughingstock is too politically correct and too full of absolute pansies to stand up for what is right vs. what is safe for them. Just lost another customer Goodell . . . proudly not watching anymore.

  37. In “The Expanding Scope of Judicial Review of Arbitration Awards” by Katherine Helm, the author points out that the Fair Arbitration Act was signed into legislation in order to settle labor disputes expeditiously and less costly. Judicial review of arbitration primarily centers on violations of Section 10 (a) of the Fair Arbitration Act (FAA).

    Courts generally consider FAA §10(a) (1) through (3) to determine the overall fairness and impartiality of the arbitral process itself. The correctness of the award tends to be litigated under §10(a) (4). However, as the aforementioned author states, and history shows (i.e. the Brady case), the courts have been exceedingly deferential with respect to the arbitration process to which the NFL players agreed, even going so far as to rule that if two parties agree to the process and the process was followed then whatever comes out of the process is justice served.

    This does not mean that Elliott has no chance in the courts. It does mean that the process has to be seen by the court as egregiously unfair in order for Elliott to prevail. In my personal opinion, the NFL was in fact egregiously unfair, for the various reasons East Texas District Court Judge Amos Mazzant cited in his ruling. The problem is that the appeals process will bring other judges into this matter who might be defective with respect to their capacity to perceive how egregiously unfair the arbitration process actually was, even if it did not violate the terms of the CBA.

Leave a Reply

You must be logged in to leave a comment. Not a member? Register now!