Ezekiel Elliott’s Texas lawsuit “not over” yet

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The victory secured by the NFL in the Ezekiel Elliott case on Thursday feels final, even if it isn’t.

It’s not final for multiple reasons. First, the NFL’s lawsuit aimed at defending the six-game suspension remains pending in New York. There, a judge could still delay the suspension via a preliminary injunction while the litigation proceeds.

Second, the lawsuit filed by Elliott in Texas is, we’re told, “not over.”

As one source with knowledge of the situation explains it to PFT, Elliott could pursue various strategies before the federal court in Texas or the U.S. Court of Appeals for the Fifth Circuit, which issued Thursday’s decision dismissing the case because it was not filed on a timely basis. For example, Elliott could file a petition for a rehearing, either by the three-judge panel that issued Thursday’s ruling or the full collection of Fifth Circuit judges.

By rule, Elliott and the NFLPA have 14 days to file a petition for a rehearing. Which means that, during this window, the NFL probably should reconsider its position that the Elliott suspension is immediately effective. Doing so could risk incurring the ire of the Fifth Circuit through yet another skirmish that could emerge as soon as today.

50 responses to “Ezekiel Elliott’s Texas lawsuit “not over” yet

  1. so what new information are these lawyers going to offer that will overturn the CBA and the “precedent” set by the NFL in the Tom Brady case? The one where the Commish can do whatever he wants to a player whenever he wants to.

  2. I’ve been pro-Elliott through this whole thing. But with 5 games into the season, we’re afforded a degree of ‘hindsight’. A 2-3 record and Eagles at 5-1 are telling me that Elliott should just take the 6 game suspension and get it over with, and would still play in the final 5 games of the year. Remarkably, he’d only miss 2 division games.
    It is distracting to have the various injunctions, appeals, rulings, counter-appeals, re-filings all through the season.
    It’s easy to think if the NFL was able to wait a year to complete the investigation, they should wait until the end of the season to allow this thing to shake out. It gives the player fair game to exhaust his legal rights, and the NFL would still get what they want (if they win). But of course, that’ll never happen. Too tone deaf, which is a bigger issue and a great part of why the NFL is losing viewership.

  3. take it like a man own up to it and move on. Your young and have your whole career ahead of you. I mean it’s not like you threw 11.5 psi footballs…..

  4. learysdisciples says:
    October 13, 2017 at 8:18 am

    This saga is almost as annoying as the kneeling/flag thing.

    _____________________________________________________

    Ummm, NO! They aren’t even in the same universe.

  5. The players shouldn’t complain about any suspensions or be able to run to courts when they are suspended; because they voted to allow the commissioner to have the authority he has. Yes, D. Smith negotiated the CBA; but the players voted for it. The only team to vote against the CBA were the Steelers. Every time something happens that they don’t like they run to the courts…
    Generally, I am for the players, but they agreed to this…

  6. stillabengalsfan says:
    October 13, 2017 at 8:41 am

    Give it up Zeke. Take your medicine
    —————————————————————————————-
    There is no chance he’ll prevail legally, but if he is innocent of the charges (and I think that is at least a possibility), he has to fight it just to avoid people in here saying “if he agreed to serve the suspension, he must be guilty”.

  7. As a patriots fan, i hate seeing someone give up a fight against the stupidity of the league, but you might as well go ahead and serve it now zeke. IF Dallas is in contention by Thanksgiving, you will be a welcome addition. If not, the team will have another decent positioned draft pick to do damage with.

  8. And the NFL continues to focus on all the wrong things…instead of wasting the time of the US court system…how about focusing on improving the quality of the game?…figure out what a catch is, train all officials on what the rules are and how to properly apply them…get some cameras permanently focused only on the goal line and on the boundaries of the end zone…fix the replay system in general by allowing more plays to be reviewed and being able to look at more egregious fouls on replay…don’t know how many times refs “miss” a huge infraction on one play but see a foul that wasn’t there on another play in the same game…

  9. I, for one, am sick of this.

    For the first time in a long while, EE got spanked. Like most spoiled children, he doesn’t like his medicine.

  10. “the NFL probably should reconsider its position that the Elliott suspension is immediately effective. Doing so could risk incurring the ire of the Fifth Circuit through yet another skirmish that could emerge as soon as today.”

    Oh yes, because courts always get offended when a litigant acts consistently with a judicial ruling. Please.

  11. learysdisciples says:
    October 13, 2017 at 8:18 am
    This saga is almost as annoying as the kneeling/flag thing.

    ————–

    of course it is…It’s ALSO why ratings are dropping. Do you honestly believe fans were not turned off and creeped out in some fashion when Brady was absolved in federal court under oath, and Goodell still cheated, after being caught red handed again?

    Even fans who are jealous of/hate the Pats, saw right through it.

    The jig is up..

    With the Giants 0-5, the football gods have had enough here. John Mara is one of the lead influencers of Goodell and always has been. Not Bob Kraft.

    It’s a small list and 2 of the owners on that list reside in NY.

    From there, it’s those who hitch their wagons to those owners’ wagons, all sharing a similar ego/power-ridden agenda to cheat with Goodell.

  12. rideforjesus says:
    October 13, 2017 at 8:35 am
    take it like a man own up to it and move on. Your young and have your whole career ahead of you. I mean it’s not like you threw 11.5 psi footballs…..

    8 9 Rate This

    ————–

    Yes, everyone enjoys being framed and innocent and to “take it like a man”…Nice education level you have.

  13. If Elliot just “takes his medicine” like some of you say he should do, he risks a lifetime ban from the sport if he is even accused of this behavior again. There is little to no evidence, the defendant has no credibility, and the one who issued the suspension, Goodell, refuses to testify. Elliot can’t afford not to fight this.

  14. darthvincent says:
    October 13, 2017 at 8:21 am

    so what new information are these lawyers going to offer that will overturn the CBA and the “precedent” set by the NFL in the Tom Brady case? The one where the Commish can do whatever he wants to a player whenever he wants to.
    ——————–

    They will likely continue the argument that Elliotts lawyers were denied the chance to speak to two of the co-conspirators in the fraud against their client.

    The NFL got away with it in the Brady case, but the courts are getting wise to the NFL denying players a fair appeal hearing.

  15. Stillabengals fan and others…What if he is innocent? Should consider that possibility before running off irresponsible commentary. Most evidence (if you take the time to examine it) seems to point to an angry/vindictive/scorned ex-girlfriend and a witch-hunt by the NFL for public relations purposes. Did you even read Judge Mazzant’s findings? And the 5th circuit did not disagree with those findings, just overturned injunction based on procedural issue. On top of the FACTS, the NFL also did not abide by the agreed upon CBA as it affords the accused a arbitration that is more fair in nature. I suggest you go read it for yourself.

  16. I wonder how much money Elliott is spending on lawyers for this. It wouldn’t surprise me if his legal bills are greater than the salary he would miss. Here’s an idea–don’t do stupid things and you won’t have to worry about it.

  17. “They will likely continue the argument that Elliotts lawyers were denied the chance to speak to two of the co-conspirators in the fraud against their client.”

    Funny how workplace situations don’t have the same rules as court cases.

  18. darthvincent says:
    October 13, 2017 at 8:21 am

    so what new information are these lawyers going to offer that will overturn the CBA and the “precedent” set by the NFL in the Tom Brady case? The one where the Commish can do whatever he wants to a player whenever he wants to.
    _____

    The Brady case was in the Second Circuit. The Texas case is in the Fifth Circuit. The Fifth Circuit is not bound to follow a decision from the Second Circuit (although it could still find the Second Circuit’s reasoning persuasive). That may be one reason to try to keep the lawsuit in Texas going.

  19. The lawyers need to go after the gold digger ‘girlfriend’ – get her in court under oath. Elliot should sue her for defamation of character.

  20. “Ezekiel Elliott’s Texas lawsuit “not over” yet”

    Yes, it is. Just accept that you stuck it in crazy and have to deal with the consequences now.

  21. redlikethepig says:
    October 13, 2017 at 9:28 am

    Funny how workplace situations don’t have the same rules as court cases.
    ———————-

    What’s even more funny is how you don’t even understand the case.

  22. rideforjesus says:
    October 13, 2017 at 8:35 am
    take it like a man own up to it and move on. Your young and have your whole career ahead of you. I mean it’s not like you threw 11.5 psi footballs…..

    ****************************************
    Yeah, unless he is actually not guilty of what the NFL has accused him of. I mean, law enforcement didnt see enough to arrest him, charge him and convict him….so why should the NFL get to just slap the label of “Domestic Abuser” on him? We arent talking about letting air out of footballs, thats not an actual crime that anyone could be giving jail time.

    How the NFL can get away with labeling someone a domestic abuser when he has never been convicted or even charged with that crime is mind boggling. Law enforcement didnt see fit to take action….yet the NFL can bypass due process and say to the world that he did it? Maybe, just maybe he didnt do what he was accused of, if thats the case, why on earth would he just “take it like a man”, thats just asinine?

  23. I don’t know when it became so acceptable in this country to be an uninformed rube and comment accordingly, without any objective knowledge or thought. Nobody is interested in the truth any more, the majority only want to hear what they want to hear–so they don’t have to think, they can just be a bobblehead mob. Liberal this and Conservative that…The amount of people on here, for this case, the silent protesting, that are against the Constitution of this country is alarming. The amount of sheep following and defending a self obsessed POTUS, who himself has come out against the constitution of the united states of america, a document he swore to uphold, by oath–is frightening. The sheep don’t care, and dare to call themselves patriots. By definition you cannot be against any part of the constitution–especially any part of the 1st amendment, and call yourself a patriot. A Republican President, ignoring the first amendment and actively trying to stifle that right of citizens, and calling for reprisal for exercising that right–that’s not conservative. He wants to behave like a dictator, but will settle for an Oligarchy, and his minions “the patriots” are all for it. Cutting off your noses to spite your faces. It’s pretty simple, there is zero factual evidence Elliot abused her. Don’t believe it go read all the police reports, and the NFL’s own report that reflects no evidence, and the NFL told Zeke in their letter to him it was because he didn’t cooperate fully, that he was suspended, not that he was guilty. But factual information doesn’t matter to people who follow a KNOWN liar, draft dodger, misogynistic, admitted sexual harrasser, proven adulterer, with the temperament of a 7th grade boy.

  24. baltimoresnativeson says:
    October 13, 2017 at 9:57 am

    Was there actually any confirmed wrong doing besides the shirt pull?

    I’m legitimately asking.

    I’m not sure what the suspension is for. I haven’t been following that closely.
    ——————

    There was confirmed wrongdoing, but it was by the accuser, and not Elliott. The shirt pull isn’t even a factor in the suspension.

    The suspension is nothing more than a lame attempt by the NFL to make up for past incompetence and dupe people into believing that the NFL cares about domestic violence.

  25. @ghostof34 Spot on but you’re barking up the wrong tree; willful ignorance is admired now, truth and education on a subject makes you an ‘elitist’ to be ridiculed and ignored.

  26. @ stillabengalsfan says:

    Give it up Zeke. Take your medicine and stop acting like a D-bag in public.

    Wow. How ironic that this comes from a Bengals fan and their players’ impeccable behavior over the years. Stay classy, bro.

  27. thegreatwallbestoffensivelineever says:
    October 13, 2017 at 10:23 am
    stillabengalsfan says:
    October 13, 2017 at 8:41 am
    Give it up Zeke. Take your medicine and stop acting like a D-bag in public.

    —————-

    But Joe Mixon actually gets to play, right??

    ——

    Yes, because he served his YEAR LONG suspension, and has not been in trouble in the subsequent three years, you Dolt.

  28. Wow. How ironic that this comes from a Bengals fan and their players’ impeccable behavior over the years. Stay classy, bro.

    ——

    Hey bro – All teams have players with baggage. Check the comments, I didn’t apologize for any of Adam Jones idiocy. No one else on Cincy, that I can recall, has had any legal trouble since Chris Henry, and he died in 2009.

  29. tylawspick6 says:

    “…With the Giants 0-5, the football gods have had enough here. John Mara is one of the lead influencers of Goodell and always has been. Not Bob Kraft”

    blah, blah, BLAME THE GIANTS!.. blah, blah, GOODELL IS MARAS PUPPET!… blah, blah, BRADY WAS FRAMED!!… blah, blah, etc.

    Those Two L’s they handed the Pats in the SB really got to you. lol

  30. thegreatwallbestoffensivelineever says:
    October 13, 2017 at 10:23 am
    stillabengalsfan says:
    October 13, 2017 at 8:41 am
    Give it up Zeke. Take your medicine and stop acting like a D-bag in public.

    —————-

    But Joe Mixon actually gets to play, right??
    ******************************************************
    Mixon punched that woman in 2014….he wasnt part of the NFL or NFLPA, so no recourse. Elliott was accused of abuse in July of 2016, a few months after signing his contract, thus becoming a member of the NFL/NFLPA and becoming subject to its conduct policy.

  31. @ghostof34 Not sure what your hatred of President Trump and your political tantrum has to do with Zeke Elliot. The NFL has given themselves the power to decree what’s right or wrong. What’s fair or legal has nothing to do with it. It has worked OK until they hired a power hungry lunatic for commissioner. In the meantime, please spare us your political hissy fits. It’s hard enough to getaway from it without having it in sports.

  32. This is so much BS. I despise domestic violence and those who do such things. Walk away and keep your hands to yourself….period.

    That said: If one looks at the evidence, to include an eyewitness account who was in the car at the time of the allegation, this stops dead in its tracks. THIS is why no one brought charges and Goodell should just shut his piehole and walk away. I appreciate the spirit of the league in reducing violence but you MUST judge a case on its merit with all evidence being presented. The burden of proof should be the same as a criminal case since the punishment levied has a severe impact on the subject. You couldn’t even get a conviction to go to a county jail with this case!!

  33. Look. I’m a buckeye fan and alumni. Zeke is one of my favorite Buckeyes of all time. If zeke put one of those bruises on that girl, he deserves to b suspended. If he was truly concerned about his image, then while being investigated, he shouldn’t have exposed a woman at a parade, and gotten into a bar fight. I feel like those additional situations forced the issue. IMO I feel it’s best for him to move on. My opinion counts for nothing though, so whatever.

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