The latest court ruling in the never ending Ezekiel Elliott litigation saga is coming tonight.
Judge Katherine Polk Failla said at a hearing on Monday that she’ll be issuing a ruling at some point on Monday night regarding Elliott’s effort to convert a temporary restraining order into a preliminary injunction, which would block the pending six-game suspension until the legal case regarding the validity of the suspension ends.
The key factor in cases of his nature becomes whether the party seeking the injunction will suffer irreparable harm if the status quo isn’t maintained. Over the years, multiple NFL players have prevailed in court regarding the basic notion that paying their game checks later doesn’t fix missing games and later obtaining a ruling that the games shouldn’t have been missed.
The NFL has relied heavily on the appeals-court ruling in the Tom Brady case in support of the notion that Elliott has no ability to overturn his suspension, and thus no likelihood of winning. The judge that issued the TRO called the league’s argument that the Brady case stands for the proposition that “fundamental fairness” is not required in player disciplinary cases “plain wrong.”
Although the NFL did not appeal Brady’s preliminary injunction two years ago, the league likely will attempt to take the case to the U.S. Court of Appeals for the Second Circuit, based on the perceived strength of the Brady case.