Judge Katherine Polk Failla ruled against a preliminary injunction blocking Cowboys running back Ezekiel Elliott‘s suspension on Monday, which set the stage for both the imposition of the suspension and a possible appeal of that decision.
The NFLPA signaled that the legal fight is not coming to an end on Tuesday. They have filed a motion asking Judge Failla for a temporary injunction of the suspension pending an appeal in the Second Circuit Court of Appeals. If Judge Failla denies the motion, the NFLPA says they will go to the Second Circuit with an emergency motion asking for an injunction pending the appeal in that court.
The motion asks for a decision by 7 p.m. on Wednesday or they “will have no choice but to seek relief from the Second Circuit,” citing the NFL’s own moves in the Fifth Circuit Court of Appeals from earlier in the Elliott process as a precedent for their action.
The NFLPA’s argument in favor of the injunction is the “irreparable harm” that they feel would come to Elliott if he serves a suspension that is later overturned in another court proceeding. Judge Failla’s decision on Monday rejected that argument without explaining why the NFLPA had failed to make a persuasive one.