NFL reiterates request to dismiss Ezekiel Elliott’s Texas lawsuit

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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.

16 responses to “NFL reiterates request to dismiss Ezekiel Elliott’s Texas lawsuit

  1. At this point, let the courts hear it. I do have an idea though. NFL officials need to get together and squash once and for all, this anthem business. Divisiveness is being created from both sides of the issue. Just put your millionaire and billionaire heads together and come up with a damn solution to stop it.

  2. Sounds to me the big bad NFL is maybe getting a little nervous????? If I were a betting man I would say that Elliott plays the whole season….and my bold prediction….he doesn’t serve a suspension at all

  3. In short the NFL says: we really want to go ahead and screw this guy over and we’d appreciate it if everybody would not apply logic to this situation.

  4. Let me get this straight. Fans are threatening to boycott the NFL, costing the league millions in lost revenue. The Cowboys, far and away are the biggest draw and Goodell is adamantly seeking to remove one of its stars from the field of play?

    Good luck with that, bonehead.

  5. The NFL sure is in a big hurry NOW,…after 18 months ‘investigating” It appears to be personal now for the NFL, the sense of urgency all the sudden.. This whole case stinks. Bad look for everyone involved.

  6. The case is doomed because of the CBA.

    Players willingly gave the NFL the right to have all the power in regards to player punishments.

    It doesn’t matter whether you agree or disagree on the case. It doesn’t matter if charges were never filed. It doesn’t matter whether or not someone lied or is telling the truth. Players let the NFL decide what would happen and then how appeals would work.

    You can hate the process all you want, but even if Elliott wins, the case will be appealed and eventually lose. When Elliott loses, he will be out attorney fees.

    The only alternative is for the courts to strike down the clause of the CBA, which was collectively bargained which says the NFL has final say on punishments and appeals.

    That’s not going to happen.

  7. ramos86 says:
    September 28, 2017 at 7:07 am
    The case is doomed because of the CBA.
    =============================================
    Yup. The CBA outlines that all player discipline and appeals should be unfair. Everybody knows the courts don’t want to get involved. They only get involved on measures of fairness (there’s PLENTY of legal precedence). Specifically when an arbiter isn’t acting in a fair manner. It’s not enough to appoint a third party arbiter and go through the motions of an appeal. That’s the whole reason this (and the Brady) case went to trial. The only reason people keep spouting off about the CBA binding everything is because the NY courts refused to look at the case. Which is unprecedented in and of itself since every court in every other state has not only looked at the case but ruled against the NFL.

  8. The power of the Commissioner will never change and rightfully so. However, if the NFLPA adopted their own Code Of Conduct and enforced, many of these matters would never go before the Commissioner. And the NFLPA has made it clear they will not do that.

  9. It still stands out to me how sadly comfortable we all are that the outcome of a case can rely more on where the case is heard then on the facts of the case.

  10. September 28, 2017 at 9:54 am
    Zeke needs and deserves to be suspended. Point.Blank.Period.

    ————————————————————-

    Umm, no. The NFL’s lead investigator recommended NO suspension after interviewing the accuser multiple times. There is WRITTEN evidence of the accuser trying to coerce her friends to lie for her against Zeke. It took a judge (who is NOT a Cowboys fan) to rectify the fact that the arbitrator was NOT unbiased and fair.

    You continue to say this and be a Cowboy hater because you believe it will help your pathetic team in a rematch with the Boys.

  11. Bent, it was not Kia Roberts job description to make any recommendations regarding punishment. She made that recommendation based solely on one witness testimony, there were several of them. She also did not take into consideration her intake statement and the photos that backed up her version of what happened. The District Attorney believed her. She may be a liar but that does not mean Zeke did not do this. And he has more lies then she does. His only defense is victim shaming and outrageous theories on how she received the injuries

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