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.