Zeke’s legal case likely has two more steps, this season

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Jerry Jones is right; the never ending Ezekiel Elliott legal odyssey continues to be incredibly ambiguous. However, the end of this crooked road could be coming, soon.

Friday’s decision to freeze the status quo temporarily, allowing Elliott to face the Chiefs, will lead to three judges on the U.S. Court of Appeals for the Second Circuit taking up soon (likely next week) the question of whether Elliott’s suspension should be delayed while the appeal of the denial of a preliminary injunction is considered. If the three-judge “motions panel” agrees to delay the suspension while the appeal of the denial of the injunction proceeds, Elliott will play at least until the appeal of the denial of the injunction is resolved.

If the three-judge motions panel declines the motion to delay the suspension pending appeal, Elliott will be required to sit until the appeal of the ruling against an injunction is resolved. Which means that he could miss some games while he waits for a three-judge appeals panel to rule on whether Judge Katherine Polk Failla erred when she refused to give Elliott an injunction blocking his suspension while the lawsuit proceeds.

Barring a settlement (which is highly unlikely), the three-judge appeals panel eventually will decide whether Judge Failla got it right. If Elliott wins the appeal, the remaining games of the suspension would be blocked until the case regarding the legality of the suspension ends.

At that point, the NFL would still have the ability to throw a 100-yard Hail Mary and try to get the Supreme Court to reinstitute the suspension while the case proceeds. But the far more likely outcome would be that Elliott plays for the rest of the year, with the possibility of avoiding the suspension altogether, if he can ultimately win on the question of whether he shouldn’t have been suspended in the first place.

To summarize, he plays this week. Next, three judges will decide whether he plays until three judges decide whether Judge Failla got it wrong. Then, three judges will decide whether Judge Failla got it wrong. Eventually, Judge Failla will decide whether the NFL improperly suspended Elliott, subject to multiple layers and levels of appeal.

So, basically, get comfortable.

13 responses to “Zeke’s legal case likely has two more steps, this season

  1. “If he can ultimately win on the question of whether he shouldn’t have been suspended in the first place.”

    I’m pretty sure it was him who lifted up a womans top in front of the western world.

  2. It will never be perfect, but our justice system is set up this way for a reason. That whole American ideal of “justice for all,” and the principle of checks and balances. I know it is boring and seems wasteful, but it is something special.

    And that’s all the anthem protests are about. Black white or other, we all deserve the justice promised to us as citizens. Due process, trial by a jury of our peers, etc. Police should not so readily use lethal force, one man’s panicked decision should not replace the wisdom and experience of our justice system. Why is that so divisive, if their isn’t some racial animus behind it? Or do you need your kid to be killed by a public servant before you start believing in America too?

  3. joetoronto says:
    November 3, 2017 at 1:01 pm
    “If he can ultimately win on the question of whether he shouldn’t have been suspended in the first place.”

    I’m pretty sure it was him who lifted up a womans top in front of the western world.

    And if you would actually have payed any bit of attention to the ruling from the NFL, that incident had nothing to do with his 6 game suspension. People need to get over their blind hatred of the Cowboys and/or Jerry Jones and see this for what it truly is. An attempt by the NFL to avoid a PR nightmare by allowing another ‘woman abuser’ to go free. Problem is there isnt evidence to support the accusation he beat the ex-girlfriend.

    Right now the NFL needs to say “You know what? This has gone far enough. Attempts at suspending him this season is over. This will be revisited in the offseason. And win, lose, or draw both parties will agree to the decision by a TRULY NUETRAL arbitrator”

  4. Why don’t we just dispense with the league deciding on matters like this and turn them all over to the courts? Either the league has the power to discipline their players, coaches and owners, or they don’t. I’m sure that the league would be only too happy to have the courts adjudicate all of these matters and let them throw up their hands whenever a player, coach or owner crosses the line.

  5. Dream on. The NFL will continue this fight. They are backed by the precedent set in their victorious appeal of Berman’s ruling in the Brady case. They found that the CBA basically granted the commissioner the power to be the final arbiter of player discipline.

  6. joetoronto says:
    November 3, 2017 at 1:01 pm
    “If he can ultimately win on the question of whether he shouldn’t have been suspended in the first place.”

    I’m pretty sure it was him who lifted up a womans top in front of the western world.

    —————-

    What does that have to do with this case??? You really should educate yourself, before making dumb statements like that.

  7. If his lawyers can prove the league completely disregarded the results of the independent investigator’s work during the initial suspension and the appeal process (which they did), he has a shot at winning. The language in the CBA doesn’t grant the commissioner to be unfair. By disregarding the facts that were uncovered during the investigation, the commissioner has been unfair in his ruling.

  8. snowlock2013 says:
    November 3, 2017 at 3:01 pm
    so happy my taxes are being spent on this.

    ________

    If your taxes are being used to pay the judges of these different courts, those judges would be paid the same no matter what cases come before them. So just stop.

  9. Chuck Phillips says:
    November 3, 2017 at 1:14 pm
    Problem is there isnt evidence to support the accusation he beat the ex-girlfriend.

    Right now the NFL needs to say “You know what? This has gone far enough. Attempts at suspending him this season is over. This will be revisited in the offseason. And win, lose, or draw both parties will agree to the decision by a TRULY NUETRAL arbitrator”
    ________________________________________________________

    There most assuredly is evidence ‘to support the accusation he beat the ex-girlfriend.’ Accusations don’t require much in the way of support but criminal charges and convictions require substantially more unless you are an NFL player in which case the courts have already decided evidence and the doctrine of fundamental fairness don’t apply. There is no way under the current CBA the NFL would agree to truly neutral arbitration when it comes to personal conduct suspensions. Do you think they went to the wall with the league’s most visible star just to hand back the sword they now hold over every player’s head without getting something huge back in return? It’s only a sport to the fans to everyone else involved it’s nothing personal, it’s just business.

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