NFL: Pending further court action, Ezekiel Elliott is suspended for Week Nine

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The snip-snap, snip-snap Ezekiel Elliott litigation currently gives the league the ability to suspend the Cowboys running back, and it will.

NFL spokesman Joe Lockhart said on a Tuesday media briefing that Elliott is suspended as of Week Nine, given the ruling from Monday night denying the motion to convert the pending temporary restraining order into a preliminary injunction.

“We’re pleased with the ruling,” Lockhart said. “As we said in advance of our argument, we thought we had a very strong argument.”

Lockhart pointed to the strength of the 24-page ruling from Judge Katherine Polk Failla, which in the league’s interpretation concludes the internal disciplinary proceedings to be fair, and which acknowledges the league’s “critical interest” in enforcing its personal conduct policy. Lockhart made specific reference to footnote 3 of the ruling, which “rejected outright” various arguments “casting aspersions on the process and the league.”

Here’s the full content of footnote 3: “The NFLPA’s submissions are replete with references to intra-league conspiracies, conflicts of interest, and inconsistent (if not false) statements on the part of certain NFL personnel. The Court has found that the bulk of these intimations of nefarious conduct are not borne out by the record.”

Reasonable minds may differ on that, but only one mind matters — that of the presiding judge.

38 responses to “NFL: Pending further court action, Ezekiel Elliott is suspended for Week Nine

  1. Here’s the full content of footnote 3: “The NFLPA’s submissions are replete with references to intra-league conspiracies, conflicts of interest, and inconsistent (if not false) statements on the part of certain NFL personnel. The Court has found that the bulk of these intimations of nefarious conduct are not borne out by the record.”

    You mean the NFLPA would resort to the same kind of behavior they accused the NFL of doing and claimed it was unfair? Say it ain’t so.

  2. “The NFLPA’s submissions are replete with references to intra-league conspiracies, conflicts of interest, and inconsistent (if not false) statements on the part of certain NFL personnel. The Court has found that the bulk of these intimations of nefarious conduct are not borne out by the record.”

    That sums it up nicely. Anyone who wasn’t biased knew this would be the outcome, same as with the Brady case. The court of public opinion and the court of law are often two very separate things which often don’t agree.

  3. “The NFLPA’s submissions are replete with references to intra-league conspiracies, conflicts of interest, and inconsistent (if not false) statements on the part of certain NFL personnel. The Court has found that the bulk of these intimations of nefarious conduct are not borne out by the record.”

    You mean you can’t just make up stories and get off the hook? Somebody call the President!

  4. nhpats says:
    October 31, 2017 at 12:06 pm
    But…but…but Cowboys fans said this would never happen and that Goodell would get killed in court!!

    ————————

    I want to see the video from the first person to interview Jerry after this ruling. According to him and Zeke this hearing was a lock for them.

  5. Sit the six. Heal up while keeping six additional weeks of tread on the tires, see where the team is when you’re eligible to play again and get back to it or shut it down for the year. Gotta look at the long-term career.

  6. Can he still be allowed to play “pending further court action? “. He’s allowed to appeal and if I understood correctly he may be granted another stay for the duration of his appeal…thoughts?

  7. In other posts here, lots of folks have been ripping Judge Failla and that if “it has been in Texas” the decision would have been different. But, Judge Failla was nominated by President Obama and was confirmed with no dissenting votes in the US Senate (and didn’t need a rules change to get confirmed). Think of that.

    The CBA gives the Commissioner the authority to administer the suspension. So there was no “harm” to the player. The NFLPA argument, therefore, was spurious. The harm was actually in doing allegedly something that triggered a review under the “Personal Conduct policy”.

    The burden of proof in these matters under the NFL PCP is NOT the same as in a court of law. A lot of folks seem to be missing that. That doesn’t make it right – you can argue that, of course – but it was collectively bargained and agreed to. Perhaps the NFLPA will seek to change this process in the next CBA negotiation. For all we know, the NFL may have evidence that has not been disclosed that corroborates their decision beyond the “he said, she said” aspect of this case. And in the other incident, he was witnessed pulling down the woman’s top.

    Time for Dallas to let this one go and time for Elliott to serve the suspension. “Move on to the next case” (Adam Schiff/L&O voice)

  8. So I’m to believe the judge wrote 24 pages, within hours of lengthy deliberations that took all day? It wasn’t written beforehand? Like let’s say with input from her husband, the same Failla that represented the nfl in the construction of the current cba? Cannot make this up, the judge’s husband is a lawyer and he worked with the nfl to construct the current cba, and I am to believe that right after proceedings, the judge went and wrote 24 pages about how the nfl handled this case with “fundemental fairness”, really? Yea Failla (or failure) would apropos in this instance and completely in line with the proceedings yesterday that robbed a legally innocent man an opportunity for justice.

  9. Someone should ask Goodell why the NFL employs Joe Lockhart, a man that defended a President that sexually assaulted a number of women. If the NFL is truly concerned about domestic violence and sexual assault, then Joe Lockhart needs to be relieved of his job as a league spokesman.

  10. kemdawg says:
    October 31, 2017 at 12:18 pm
    Can he still be allowed to play “pending further court action? “. He’s allowed to appeal and if I understood correctly he may be granted another stay for the duration of his appeal…thoughts?

    _______________

    No

    He can make an emergency appeal, but unless the 2nd circuit is willing to throw out the CBA (they will not), the delay tactics are over.

    Like I said all along, this was always a done deal. He should of at the 6 weeks from the beginning, they’d still be near the same record, and this would be over. Now, they are still 2 games out, and losing their best player for the toughest stretch of their season

    But at least Jerruh got to throw his tantrum, and Zeke got to pretend he didn’t be up women as a hobby

  11. If he doesn’t start his suspension soon it could affect his availability for the playoffs. Oh wait it’s the Cowboys. No need to worry about a post season

  12. When Kaep gets the CBA thrown out over the “collusion”, All the players will be suspended for quite a while. Then all the players will get no paychecks. I wonder if they will still support Kaep?

    Well, maybe the cba won’t get thrown out for Kaeps lack of proof.

  13. Any truth to a report that the presiding judge is married to one of the attorneys of a firm that represented the NFL in the CBA bargaining? If so, doesn’t that cloud this just a bit?

  14. Morris and McFadden, while not Zeke, should do fine for the next 6 games. Being a Cowboys fan, of course I am disappointed in the outcome of this. But, that being said, I was hoping when this all came out, that Zeke would just sit the first 6 games and be done with it. They weren’t going to win with the current CBA anyways. I understand why the Cowboys and Zeke were fighting this, as he will now be labelled as a domestic abuser in some people’s eyes, but just sitting the 6 would have been in his and the Cowboys best interests IMO.

  15. abcisezas123 says:
    October 31, 2017 at 12:24 pm
    Time for Dallas to let this one go and time for Elliott to serve the suspension. “Move on to the next case” (Adam Schiff/L&O voice)
    – – – – – – –
    Is that before or after McCoy hands him a glass of brandy?

  16. With zeke lifting up the shirt of that one girl during mardi gras doesn’t implore at least 2 games. Say you want 2 games for the alleged domestic dispute that’s 4. But add 2nd offense and you get 6 total games. Take the suspension and move on.

    Are you Zeke supporters really thinking he did nothing wrong?

  17. DeMarco Murray was not considered a homerun threat, but a running back that could get tough yards and grind it out, the Cowboys went 12-4. Neither Alfred Morris, Darren McFadden, nor Rod Smith are Zeke, but they don’t need to be. Morris had a 70 yard run against the Rams, Smith had a 45 yard run against the 49ers, so they can make big plays behind the offensive line. The Cowboys should still be able to run the ball and since everyone thinks their season is now over and the strategy will be for Dak to pass the ball 40 times with opposing defenses playing coverage and not remotely concerned about defending the run, great. In watching the NFL for a few decades the one certainty is no one knows what is going to happen on a given week. The Steelers got destroyed by the Jaguars in Pittsburgh and then went on the road to beat the undefeated Chiefs the next week. The Cowboys will miss the dynamic player that Zeke is, but they should still be able to run a balanced offense.

  18. sheetolay says:
    October 31, 2017 at 12:29 pm
    next loser up…..kap

    willycents says:
    October 31, 2017 at 12:31 pm
    When Kaep gets the CBA thrown out over the “collusion”, All the players will be suspended for quite a while. Then all the players will get no paychecks. I wonder if they will still support Kaep?

    ——————
    The NFL is going to win that one too. (The court case part of it anyhow)

  19. eaglesgreen29 says:
    October 31, 2017 at 12:39 pm
    With zeke lifting up the shirt of that one girl during mardi gras doesn’t implore at least 2 games. Say you want 2 games for the alleged domestic dispute that’s 4. But add 2nd offense and you get 6 total games. Take the suspension and move on.

    Are you Zeke supporters really thinking he did nothing wrong?

    ——————-
    I was appalled at the shirt incident and would have no problem with them suspendimg him over that. But the specific thing they are suspending on has not a lick of evidence to support it and the plaintiffs behavior, plus the outcomes of the various investigations, even lead me to suspect he is innocent on this particular thing. So for the NFL to press on like this force through a suspension over it just smells bad. Personally I think its some internal political matter driving this and nothing to do with Zeke himself.

  20. eaglesgreen29 says:
    October 31, 2017 at 12:39 pm

    With zeke lifting up the shirt of that one girl during mardi gras doesn’t implore at least 2 games. Say you want 2 games for the alleged domestic dispute that’s 4. But add 2nd offense and you get 6 total games. Take the suspension and move on.

    Are you Zeke supporters really thinking he did nothing wrong?
    ———————-

    Pulling the girl’s shirt down wasn’t a part of the suspension. The bar fight was a non-factor as well.

    Elliott got screwed by the league office for the simple reason that Goodell was grossly incompetent in his past domestic violence cases.

  21. Jerrah needs to accelerate the Goodell replacement plan. I also recommend purging Lockhart and the other DNC fabulists who somehow glommed onto pro football.

  22. When I prayed for the Chiefs D to stop the run this is not what I was asking for… Chiefs gonna scalp’em Cowboys now. Thank you Football Gods!

  23. jdubkc says:
    October 31, 2017 at 1:50 pm

    When I prayed for the Chiefs D to stop the run this is not what I was asking for… Chiefs gonna scalp’em Cowboys now. Thank you Football Gods!
    ———————

    I wouldn’t count on it with that anemic defense, and I am a Chiefs fan. The past 3 games have been brutal.

  24. you guys are right this is strictly because of the domestic dispute but the NFL is encompassing the three incidents into one using the potential and more damaging event as the catalyst to prosecute.

  25. Well he was happy to take two games for pulling a blouse down, I guess we can see where Zeke has been so mistreated and misunderstood with all the accusations.

  26. This ruling just reflects what the CBA says.

    The PCP was never about fair. It is about the basic premise – You cost the NFL money, you lose money.

    Each time we have one of these cases, innocent or guilty doesn’t matter. It matters what the perception from the fan base and citizenry is. The fans have a problem and it impacts revenue, now the player has a problem. The NFL and the owners don’t care one way or the other what the players do as long as their aren’t in jail. They react to their fans, where the money comes from.

    Don’t believe me, look at the anthem protest.

    That being stated, for all of those people that still believe that the players are going to try bargain away the commissioner’s power over the PCP, think again. They won’t be trying that hard. How are you going to get more than 98% of players that aren’t affected to agree to give heavy concessions that do affect them for that very very few players that are? The cost for that change would be high, I don’t believe that they are going to be willing to give up that much.

    I guess time will tell.

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