NFLPA files for stay of Ezekiel Elliott suspension pending appeal

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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.

46 responses to “NFLPA files for stay of Ezekiel Elliott suspension pending appeal

  1. The nflpa is just moving the suspension back to the point where Zeke will be serving his suspension during the playoffs, if Dallas makes the post season.

  2. What gets lost in all of this is what is his appeal based upon? What is his court fight based upon? He engaged in certain conduct. Some of it was related to accusations of domestic violence that were never proven. Some of it was on camera. Some of it was rumor and innuendo. The bottom line is his employer suspended him for conduct it’ deemed unacceptable. The fact that a court can intervene in a case like this demonstrates exactly what is wrong with our legal system. They are a private employer. Welcome to the real world.

  3. De Smith loves to spend millions to conceal that it is his fault. The fool signed the CBA that gave absolute power to Goodell.

    De claims to be a lawyer. OK, he is a lobbyist but went to law school and got spanked by lawyers who were awake and read the agreement.

    NFLPA Rank and File deserves a refund.

  4. What gets lost in this situation is domestic violence and making Elliot a victim. Hopefully wasting the court’s time has come to an end and the appeals are denied. The PA should be ashamed of themselves and we all know what a low life Jones is.

  5. lawyers getting rich, judges valuable time being wasted. It’s a black eye for the NFL and its players union. They accepted the CBA yet all they do is complain about it. There’s a strike coming next contract.

  6. I’m not an Elliot or cowboys fan. But I still don’t understand how you get suspended if no charges are pressed, there is no conviction, and there is no proof of wrong action.

    By this logic a woman could lie and say you hit her, you get suspended from your job automatically even if she provides no proof, and you are never convicted or even charged with anything.

  7. Not to change the subject last night’s game ratings were only 7.2 down 9% from last monday night.

    Also another article said ESPN lost 15,000 subscribers a day every day in October.

  8. “What gets lost in all of this is what is his appeal based upon? What is his court fight based upon?”
    __________________

    Yea go ahead and be ignorant of the comnon sense question what is his suspension based on?

  9. baltimoresnativeson says:
    October 31, 2017 at 4:45 pm
    I’m not an Elliot or cowboys fan. But I still don’t understand how you get suspended if no charges are pressed, there is no conviction, and there is no proof of wrong action.

    By this logic a woman could lie and say you hit her, you get suspended from your job automatically even if she provides no proof, and you are never convicted or even charged with anything.
    ———————————————————————-
    I could not agree more. Since when is the NFL the police. Let the authorities handle the things that the authorities handle and worry about figuring out how we got to the point that we arent sure what a catch is and fix that. You know….football stuff and all.

  10. jbloggs13 says:
    October 31, 2017 at 4:39 pm
    De Smith loves to spend millions to conceal that it is his fault. The fool signed the CBA that gave absolute power to Goodell.
    ———————————————–

    The power Goodell is abusing comes from language that has been in every CBA beginning with the first one in 1968. DeMaurice Smith did not sign the CBA into being, he is not a plenipotentiary lol. The players reps accepted the negotiated agreement as suitable for presentation to the players and then they all voted on it. If you want to call someone a fool and be right talk to the guy in your mirror. There’s a lot Smith has gotten wrong but he was 4 years old when Article 46 was written.

  11. baltimoresnativeson says:

    I’m not an Elliot or cowboys fan. But I still don’t understand how you get suspended if no charges are pressed, there is no conviction, and there is no proof of wrong action.
    ^^^^^^^^^^^^^^^^^^^^

    Was Ben Rothlisberger ever convicted of a crime before his suspension years ago?

    No.

    It’s called conduct detrimental to the league.

    Whether Zeke was “guilty of a crime” is irrelevant.

    Zeke’s conduct is very questionable around women, and a suspension for that conduct is valid.

  12. starting to look like ee will get to serve his games nonconcurrently, imho.

    sit for kc, atl; then squeeze in the 3 important division games; sit the last 3 (unfortunately missing phi in week 17 may be unavoidable; then miss the opener nex year.

    or maybe they can find a way to sit out the chargers, in week 12, and get it all done this year.

  13. This all adds up to a huge split between the NFLPA and the NFL. This spells trouble for the NFL and owners and adds to the growing problem of protestors, disastrous relocation of teams betraying fans after decades of support and outrageously high prices to attend NFL games. Goodell has introduced POLITICAL CORRECTNESS and LIBERALISM into league affairs an should not be extended a new contract. The ‘inmates ARE running the asylum’ on both sides. This will get worse before it gets better. Fans are fed up.

  14. cboys4life2014 says:

    October 31, 2017 at 4:56 pm

    “What gets lost in all of this is what is his appeal based upon? What is his court fight based upon?”
    __________________

    Yea go ahead and be ignorant of the comnon sense question what is his suspension based on?

    Per the CBA NFL doesn’t need full burden of proof. The NFLPA and the players agreed to this in 2011. Commissioner has the right prior to the latest CBA as well.

    But again the video demoralizing a female with or without her consent. Pulling the shirt off is indecent exposure. Then you add the bar fight.

    Three instances in less than a year. Give me a break if you think Zeke is innocent.

  15. Litigious!Just keep appealing and moving venues till the season is over. Take your punishment. The players union agreed to article 46 so take your punishment like a man. He isn’t a man though, just a woman beater.

  16. All this does is steel the resolve of the owners next negotiation. NFLPA asks for anything and as an owner the first words I say are “Last go around you agreed to certain things in the CBA. When those were applied and you didn’t like it – you cost us millions of our dollars in court to defend what you agreed to do and abide by. You gave the league a black eye. We’re losing viewers. Why exactly should we accept any of your requests? You don’t think there are 1000’s of guys in college willing to play in the NFL with how it’s run now? I know there aren’t 1000’s of leagues that you can play in and earn what you do outside of the NFL. I can’t trust that the NFLPA membership will abide by the agreement they sign, regardless of what that looks like.”

  17. Eventually he’ll have to serve the suspension. He should just serve it now and clear up 2018. Cowboys aren’t good enough for a deep playoff run this year. Why screw up next season?

  18. If I’m Judge Failla, I read that insulting argument and summarily deny it and move on with life. In other words, they’re saying they are going to the 2nd anyhow. So if that’s the case, why even bother (form her perspective)? They haven’t proved “harm”.

    The harm was the player putting himself in the position of being subject to a review under the collective bargained and agreed to process and the Commissioner’s authority under the CBA to issue a suspension.

  19. eaglesmancave says:
    October 31, 2017 at 4:37 pm

    What gets lost in all of this is what is his appeal based upon? He engaged in certain conduct. Some of it was related to accusations of domestic violence that were never proven. Some of it was on camera. Some of it was rumor and innuendo.

    ===============

    Wrong. He was suspended specifically for domestic violence, something that was not found to be the case in a court of law and something the NFL’s own investigator believed was false and not meriting discipline.

    Which puts Elliott in a position of either accepting an accusation of having committed a felony, of which there is no proof, or fighting it until he has no options remaining.

    If the league office had actually followed the recommendation of their investigator, they wouldn’t be in this mess and it would probably already be forgotten by now. They could have easily given him a couple games for general conduct and likely it would have been accepted. This mess is all on the league office’s hands.

  20. jaycutlerleadingthedolphinstotop10pickin2018draft says:
    October 31, 2017 at 5:04 pm

    De may have been 4 when it was written but his JOB as a lawyer is to read the entire document and mitigate any risk to his or her client.

    He obviously didn’t do that. He failed to pay attention to detail and apply critical thinking as to how this could hurt the person he represents.

    It’s on De.

  21. eaglesmancave says:
    October 31, 2017 at 4:37 pm
    What gets lost in all of this is what is his appeal based upon? What is his court fight based upon? He engaged in certain conduct. Some of it was related to accusations of domestic violence that were never proven. Some of it was on camera. Some of it was rumor and innuendo. The bottom line is his employer suspended him for conduct it’ deemed unacceptable. The fact that a court can intervene in a case like this demonstrates exactly what is wrong with our legal system. They are a private employer. Welcome to the real world.

    **********************************************************************

    What has gotten lost is your knowledge of why he was suspended. “Some of it was on camera”…”Some of it was rumor and innuendo”……..actually, NONE of it was caught on camera and none of it was rumor or innuendo….assuming you are referring to the parade video and the alleged bar fight.

    The commissioner has said his suspension is 100% about his belief that he assaulted his girlfriend and nothing else factored in. He believes that Elliott assaulted his girlfriend and he doesnt care that the police and his own investigator see it differently.

  22. gtodriver says:
    October 31, 2017 at 5:05 pm
    baltimoresnativeson says:

    I’m not an Elliot or cowboys fan. But I still don’t understand how you get suspended if no charges are pressed, there is no conviction, and there is no proof of wrong action.
    ^^^^^^^^^^^^^^^^^^^^

    Was Ben Rothlisberger ever convicted of a crime before his suspension years ago?

    No.

    It’s called conduct detrimental to the league.

    Whether Zeke was “guilty of a crime” is irrelevant.

    Zeke’s conduct is very questionable around women, and a suspension for that conduct is valid.
    —————————-
    Questionable is a pretty weak standard for one to lose his job, even if it’s only six weeks. Would it be irrelevant if it was you?

  23. If the Cowboys beat the Chiefs without Elliott, and then either the appeal or the emerg motion is granted – it becomes a brand new season for Dallas. The likelihood is slim no doubt, but I’m just saying…if it happens, look out.

  24. Baltimorenative: after framegate ( which your team & the Colts) started , I am shocked you questioned how a player can be suspended w/o “ proof of wrong action”! There was as no proof of tampering ( plus the NFL admitted in federal court they had no evidence), during framegate, yet TB 12 was still suspended !
    Article 46 gives Roger the power!

  25. Unless you’re a Giants, Eagles or Redskins fan why should he serve any suspension? The police did not find a reason to arrest or charge Elliott. Even the NFL lead investigator Kia Roberts testified that she recommended that Elliott NOT be suspended for his alleged domestic violence incidence.

  26. teal379 says:
    October 31, 2017 at 5:18 pm

    All this does is steel the resolve of the owners next negotiation. NFLPA asks for anything and as an owner the first words I say are “Last go around you agreed to certain things in the CBA. When those were applied and you didn’t like it – you cost us millions of our dollars in court to defend what you agreed to do and abide by. You gave the league a black eye. We’re losing viewers.”
    ——————————

    The problem with your story is that it is Goodell that is costing the NFL millions of dollars and it is Goodell giving the league a black eye.

    When you look at all of the cases that have gone to Federal court, they all have 3 things in common, Goodell, fraud, and gross incompetence.

  27. mmack66 says:
    October 31, 2017 at 5:40 pm

    The problem with your story is that it is Goodell that is costing the NFL millions of dollars and it is Goodell giving the league a black eye.

    When you look at all of the cases that have gone to Federal court, they all have 3 things in common, Goodell, fraud, and gross incompetence.

    The problem with your story is – across the NFL fan base at large, not on super fan sites like this – no one blames Roger for anything. If anything they blame him for not running the league with a more iron fist but ask the AVERAGE fan and they’ll tell you – they’re sick of the players’ shenanigans, not Roger. Not even close.

  28. skawh says:
    October 31, 2017 at 5:34 pm

    what happened to the days when you simply served your suspension rather than taking every case to the supreme court?
    ———————

    Goodell happened.

  29. teal379 says:
    October 31, 2017 at 5:53 pm

    The problem with your story is – across the NFL fan base at large, not on super fan sites like this – no one blames Roger for anything. If anything they blame him for not running the league with a more iron fist but ask the AVERAGE fan and they’ll tell you – they’re sick of the players’ shenanigans, not Roger. Not even close.
    ———————-

    Roger certainly isn’t getting booed at the draft and at the Super Bowl because people approve of the job he is doing. He is a complete embarrassment to the NFL.

  30. He’s getting booed by the same idiots that boo Santa. Excuse me if I don’t consider that an endorsement from on high.

    People, a very VERY small minority of the NFL fan base that boo him – aren’t the ones that would statistically move the needle on NFL’s public perception.

    It’s the players – not the front office that has the NFL in a bad light.

  31. truthdispensary says:
    October 31, 2017 at 5:44 pm
    Criminals ALWAYS run from punishment.
    _______________________________________________________

    So do the innocent. Other than Brownies, dollfans and purples who runs towards it?

  32. teal379 says:
    October 31, 2017 at 7:35 pm

    He’s getting booed by the same idiots that boo Santa. Excuse me if I don’t consider that an endorsement from on high.

    People, a very VERY small minority of the NFL fan base that boo him – aren’t the ones that would statistically move the needle on NFL’s public perception.
    ———————-

    I’m giving real world examples, while you drone on about some mythical “fans” that approve of Roger.

    The guy is grossly incompetent, and we wouldn’t be talking about Ezekial Elliott today, if Goodell had been competent, and had not completely flubbed the discipline of Ray Rice and Josh Brown, and had to make up for it.

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