As the question of whether the injunction blocking Cowboys running back Ezekiel Elliott‘s suspension moves toward a Monday hearing in the U.S. Court of Appeals for the Fifth Circuit, the NFL has once again tried to get the entire case thrown out of court.
Via the Associated Press, the NFL’s latest filing in connection with the motion to stay the injunction asks the appeals court to dismiss the case, based on the notion that Elliott filed the lawsuit before his internal appeal had been resolved.
Although the proceedings before the Fifth Circuit don’t entail an express and direct effort to dismiss the case, questions regarding the lack of jurisdiction over the subject matter can be raised at any time. And that’s precisely what the NFL is doing, arguing to the Fifth Circuit that the proceedings are “hopelessly doomed” and that the case should be “promptly dismissed.”
If that happens, the litigation will shift to the lawsuit filed by the NFL in a New York federal court, where the league thinks its victory will be swift and virtually automatic.