Elliott legal battle shifts to New York

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The dismissal of Ezekiel Elliott’s lawsuit in Texas doesn’t end the issue, but it moves it closer to final resolution.

With Elliott’s lawsuit in Texas on the verge of being over (the federal district court in Texas has been directed by the appeals court overseeing it to dismiss the case), attention now shifts to the lawsuit the NFL filed in federal court in New York. And since that lawsuit came after Elliott’s internal appeal was resolved, that lawsuit most likely will stick.

Yes, Elliott could try to file a new lawsuit in Texas or elsewhere, but it will be hard for him to trump the NFL’s New York lawsuit. Put simply, the NFL has won the race to the courthouse, because the appeals court has found that Elliott got an unfair head start.

The first battle in the New York federal court likely will consist of an effort by the NFL Players Association and Elliott to block the suspension while the litigation unfolds. Two years ago, Patriots quarterback Tom Brady secured an injunction from the federal court in New York while the lawsuit filed by the NFL to defend its suspension of Brady proceeded.

But the NFL ultimately won the Brady case in the appeals court that has jurisdiction over the New York federal courts, and the league believes that the ruling from the Brady case is sufficiently strong to keep Elliott from securing an injunction, forcing him to commence his six-game suspension immediately.

However it plays out, look for things to move quickly, with the goal of getting a ruling on the injunction as soon as possible. The Cowboys have a bye this weekend, and then they face the 49ers in San Francisco.

11 responses to “Elliott legal battle shifts to New York

  1. Just give up like Tom did.

    You can pack a large chip on your shoulder for the rest of your career and your fans can pollute blogs and bars with stories of how they were cheated……..

  2. NFL didn’t really “win the Brady case” because they didn’t appeal the 1st court (Judge Berman’s) finding that “nothing wrong has been done by Mr Brady” – NFL even admitted to Berman that they had no evidence of a scheme by Brady. Instead, the NFL narrowly appealed to the 2nd court that in spite of the 1st court’s finding, Fraudger still had the right to suspend (despite a lack of evidence and despite a lack of due process in arbitration) because of the Commissioner’s powers under the CBA – and they won – but NO COURT HAS EVER FOUND BRADY GUILTY.

  3. Saying that no court has ever found Brady guilty is about as straw-man as you can get. He was never accused of any crime.

  4. beavertonsteve says:
    October 12, 2017 at 6:06 pm
    Saying that no court has ever found Brady guilty is about as straw-man as you can get. He was never accused of any crime.

    —————
    No but in the trial as to whether to uphold the suspension the court had to determine if he was guily of the NFL infraction and in fact they declared him totally innocent in their finding. It was after that where the NFL the appealled that it didnt matter if he was innocent the CBA said they could still suspend him, which it did.

  5. morris and fadden are more then up to it. both are 1000 yard rushers. just think when zeke comes back at seasons end when defenses are hurt and tired….fresh zeke!
    yes we lost to the packers…… down to the wire! the best team in the nfc…. and we took them down to the last play….
    we are fine … chill out haters. seeeesh.

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