Appeals court vacates Ezekiel Elliott injunction

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The NFL has won the latest round of legal wrangling over the Ezekiel Elliott suspension.

In a 2-1 decision, the Fifth Circuit Court of Appeals has vacated the preliminary injunction on Elliott’s suspension and remanded the case back to district court with instructions to dismiss the case.

The ruling finds that the NFLPA was premature in filing a lawsuit on Elliott’s behalf before arbitrator Harold Henderson ruled on Elliott’s appeal and that the district court “lacked subject matter jurisdiction when it issued the preliminary injunction” as a result.

As a result of the ruling, the NFL is free to reinstate the six-game suspension immediately with the intent of having it go into effect once the Cowboys bye week comes to an end. Elliott and the NFLPA could file to block the suspension again — either in the same Texas district court or in New York, where the NFL filed a suit to enforce the suspension — or petition the Fifth Circuit for an en banc hearing, so the legal maneuvering likely isn’t over.

As of now, though, the league has prevailed in their bid to impose discipline on Elliott.

44 responses to “Appeals court vacates Ezekiel Elliott injunction

  1. Sorry cowboys fans. But he might as well just take the suspension. The cowboys aren’t going anywhere with their junior varsity defense anyway. Save Zeke for when they have a legitimate defense to go along with their offense.

  2. Probably an easy excuse to give up on this season for the Cowboys, I never saw a a 13 win team froma previous year, start the next season 2-3, And their fans give up so easily.

  3. Later skater. Enjoy that six game suspension. It’ll give you plenty of time to reflect on how stupidly you’ve conducted yourself over the course of the last couple years. Maybe you could use some of the time to ponder how to treat women properly

  4. Cowboy fans are finding out what Patriot fans and Saint fans and Dolphin fans found out a long time ago. The NFL doesn’t need any real evidence to suspend players or coaches, they just need a hunch.

    And when they do have evidence, as in the Ray Rice or Josh Brown cases, they can willfully ignore it.

  5. Zeke’s attempt to void the suspension does not look well at this point. I know he won’t, but he should just accept the suspension now.

  6. It’s pretty clear from the cowboys last game their season is pretty much over already so they should hope the players association’s next appeal just gets thrown out and he serves his suspension this year

  7. illumination666 says:
    October 12, 2017 at 4:59 pm
    Wonder how much Papa Jerry forked over for that..
    ———-

    You realize they lost, right? Or do you mean just legal fees?

  8. But he can refile in the same district court. The league will no doubt want to file a case vs Elliott in NYC but Elliott can simply ask the district court judge for permission to start over. It’s hard to see the district court refusing that request.

  9. He’s led my fantasy team all season, and the woman in the case is shady for sure. But he’s still guilty of his own misbehaving and abuse and needs to pay for it. This is the right call and he needs to sit for 6 games.

  10. dansardo says:
    October 12, 2017 at 5:06 pm
    It’s pretty clear from the cowboys last game their season is pretty much over already so they should hope the players association’s next appeal just gets thrown out and he serves his suspension this year

    ——————————————-

    Say someone who clearly didn’t watch the game. I think taking arguably the best team in the NFC to the final seconds is far from something you should use to declare a season is over.

    Maybe that’s just me.

  11. As a result of the ruling, the NFL could reinstate the six-game suspension immediately with the intent of having it go into effect once the Cowboys bye week comes to an end. Elliott and the NFLPA could file to block the suspension again or petition the Fifth Circuit for an en banc hearing, so the legal maneuvering likely isn’t over. As of now, though, the league has prevailed in their bid to impose discipline on Elliott.

    Wait so the NFL has been given permission to suspend Elliot, but Elliot is also allowed to appeal this ruling? So if that is the case is Elliot going to be suspended or not.

  12. At least the Cowboys have Dak. Alfred Morris has looked fine in spot duty but all of those fantasy folks that were patting themselves on the back for grabbing Zeke now are in a dogfight for their playoff push until Week 13.

  13. Cowboys fans who acted as indentured league bootlickers during Deflategate must be really struggling with this one.

  14. Just wait for when the NFL goes to court to force players to stand for the national anthem. This shows how much influence the NFL has over the players with the courts always siding with them. If the NFL decides to enforce standing for the national anthem, they will take the players to court.

  15. You only send a message by suspending him starting with Postseason games. All of the BS this kid has done to skirt not serving his punishment should be doubled down and hit him where it hurts.

    The real joke is what they call the “appeal process” which is basically the NFL’s ways to stretch out issues over time so the public outrage becomes smaller over time.

    From punishment to appeal the process should be done within no longer than a months time.

  16. Packers are not the best in the NFC. That defense of theirs is complete trash. I would take Atlanta, Carolina, Detroit, Philly, Rams, and even Washington over them. Although I did include Dallas too but Packers proved me wrong on that one.

    Cowboys are in SERIOUS trouble.

  17. Elliot could continue to challenge this if he wanted to, so this could potentially be drawn out for a long time yet.

  18. Legally speaking it is not unexpected. I am still surprised how many people
    blelive Elliot is absolutely guilty based upon a woman’s who attempted to
    have another witness provide false information to police. To also provide
    false information to Elliot’s reps. Discussed attempting to extort Elliot
    by placing sex tapes on you tube. Threatened Elliot saying I’m white
    your black no one will leave you. Also treatemed to ruin his life
    and was found by the only NFL rep to have interviewed her.
    to have no credibility.
    In addition the NfL relied upon an expert who gave an expert opinion
    on the bruising after viewing pictures of the bruising. At the appeal hearing
    Elliot’s side offers their own expert who impeached the NFL’ s expert.
    On the third day of the hearing the NFl has their expert testify
    ( after refusing to produce the expert for cross by the Ellliot’ s
    counsel ) then asked about Elliot’s expert and his testimony the
    NFL ‘s expert agreed that it is impossible to tell the ages of bruising from
    pictures thereby impeaching his prior expert repor.
    I don’t know if he is guilty but it does seem he got a really bad
    deal at the hearings. If my employer could fire me or suspend me
    based upon flimsy evidence and on the word of a witness that
    tried to get another employee to falsely say I did something wrong to her
    I would be upset.

  19. Bet: Zeke plays week 7. Courts used the fact that he didnt exhaust all legal options previous to filing as their excuse to vacate. Welp, all legal options are exhausted now. And since he had enough merit to gain an injunction before, and no new evidence came out, what grounds does the 5th have to reject a new injunction.

    A: None. Zeke should re-file in TX, which will keep him on the field longer and make the courts actually need to evaluate the way the NFL went about their business. In the 2 vacate votes, the issue simply was the timing. In the one dissenting vote, the court talked about the process. Zeke should stick with it, he was railroaded and the NFL deserves to get hammered for this.

  20. Way too early to call Cowboys season done. If he serves his 6 now, he is still back for the final quarter of the season. Which could all be pivotal games and he will be on fresh legs. If he appeals again and loses, that could sit him down for the stretch run. Take it now and move on.

  21. The Eagles are actually going to win the NFC East. Wow!!!!

    ———-
    Proclaiming this in week 6? When all but 1 team the eagles have faced have a winning record? (Oh and the lost against that one). Nothing has been decided and there is a long season ahead. Calm down, this was not a surprise and Cowboys are prepared with more than adequate backup.

  22. The court lifted the injunction because it bought into NFL argument that the filing was done before the process of appeal was complete, therefore the court did not have juristiction.

    It did not say the case could not be refiled in the same court. This was expected by most legal observers, so now it is a race to refile before the NFL files in New York.

    Sadly for all parties this is probably not over. At this point Zeke is stained..guilty or not..the accuser is stained rather she lied or is telling yhe truth, and the NFL has another bad look of incompetence, and we have more conversations about things that are not the games.

    Sadly..for all parties.

  23. Of course it will be refiled, and appealed, and re-appealed. The head of the NFLPA is trial lawyer.
    Anyone want to guess what the lawyers make on this?
    tu more than$5Million, td, less than $5Million

  24. I’m just tired of the NFL and players constantly in court battles over suspensions.

    Take discipline out of Roger’s hands completely, he’s proven that he is incapable of doing it correctly. True independent 3 person panel.

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