Elliott hearing coming soon; when will the court issue a ruling?

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At 2:00 p.m. ET on Thursday, the U.S. Court of Appeals for the Second Circuit will consider whether to stay the suspension of Cowboys running back Ezekiel Elliott while the appeal of the decision of Judge Katherine Polk Failla to deny the injunction proceeds. So when will the ruling come?

The easy answer is, “Quickly.” Ideally by Friday afternoon. Possibly on Thursday evening. Maybe even from the bench at Thursday’s hearing.

Yes, it’s always possible that the three judges assigned to the case will decide to issue a ruling without actually writing up a ruling. The decision would have to be unanimous for that to occur.

The ultimate question is whether Elliott will suffer “irreparable harm” if he’s forced to miss games and later prevails in the case. Obviously, he will. The secondary question is whether he can show that the case presents a serious question as to whether the suspension will be overturned in court.

However it plays out, the Cowboys still don’t know for sure whether they will have Elliott, as preparations for Sunday’s game at Atlanta continue. There’s still a chance the Cowboys will learn on Friday that they’ll have to face the Falcons without him.

Either way (and this is really the purpose of this story), refresh PFT all afternoon for any and all developments in the case.

27 responses to “Elliott hearing coming soon; when will the court issue a ruling?

  1. myvietnamwasfightingtheclap says:
    November 9, 2017 at 1:30 pm
    Obviously Elliot will suffer irreparable harm? Did Brady suffer irreparable harm?

    ———————————————————————————————————————————

    Was Brady accused of a felony? Domestic violence is not the same as cheating in a game.

  2. At the start of the season, the word was if a decision wasn’t made prior to Wednesday, then it wasn’t fair to the Cowboys to have a player suspended just days before a game, and recognizing that they’ve game planned all week with him.

    Fast forward to today. How is this now different? The Cowboys have game planned all week with Zeke as an active player. If they decide Thursday afternoon or Friday (24 hours before the team plane departs to Atlanta), how is it suddenly acceptable to impose the suspension immediately, when week 1, it sounded like the suspension would have began week 2?

  3. dvdxtreme says:

    November 9, 2017 at 1:34 pm

    myvietnamwasfightingtheclap says:
    November 9, 2017 at 1:30 pm
    Obviously Elliot will suffer irreparable harm? Did Brady suffer irreparable harm?

    ———————————————————————————————————————————

    Was Brady accused of a felony? Domestic violence is not the same as cheating in a game.

    ______________________________________________

    And another idiot that doesn’t understand 7th grade science. You guys are so lame.

  4. I don’t think “ultimately” and “secondary” are appropriate terms in this case. Basically Elliot has to show that he would experience irreparable harm in order to have the court consider whether a stay should be considered. So the irreparable harm argument is a pre-requisite in order to even be able to make an argument that Elliot would like prevail in his attempt to overturn the suspension. So the “ultimate” point is actual a requirement to even make his true argument for a stay of his suspension.

  5. myvietnamwasfightingtheclap says:
    November 9, 2017 at 1:30 pm
    Obviously Elliot will suffer irreparable harm? Did Brady suffer irreparable harm?

    ————-

    Yes that is why he was allowed to play the entire year until his court date…Remember, this isn’t to decided whether the NFL has the right to suspend Elliott, this is to decide whether he has to serve the suspension until the case can be heard.

  6. brady is labelled as a cheater. however, its not cheating at something many of us care about. zeke will be labelled a domestic abuser. there goes his standing as a human being, there goes endorsements. i’d say thats irreparable.

  7. dvdxtreme says:

    November 9, 2017 at 1:34 pm

    myvietnamwasfightingtheclap says:
    November 9, 2017 at 1:30 pm
    Obviously Elliot will suffer irreparable harm? Did Brady suffer irreparable harm?

    ———————————————————————————————————————————

    Was Brady accused of a felony? Domestic violence is not the same as cheating in a game.

    ————————

    Zeke was not charged with anything. His GF (The Victim) did not actually bring him to court. There is nothing charged. The NFL is trying to punish him for something the legal system didn’t.

    The Brady thing is cheating in a game. No legal system needed. The NFL say this, Brady did that…..more grounds for the NFL to pursue.

  8. My fantasy teams will likely suffer irreparable harm. Now that they’ve dragged this out so that if Elliott is suspended, he will miss the first week or two of the fantasy playoffs.

  9. Wouldn’t he be eligible this week and miss next week’s game against The Eagles since the ruling came in after Tuesday? I seem to recall that being the standard earlier this year in this never ending process

  10. The NFL doesn’t adjudicate felonies and misdemeanors. The court isn’t hearing this case based on an accusation of a felony or a misdemeanor. In the world of Sports, the absolute worst thing one can be accused of is cheating.

  11. dvdxtreme says: Was Brady accused of a felony? Domestic violence is not the same as cheating in a game.

    10 2 Rate This

    Really? He was accussed of a “felony”.. And 10 people AGREE!?!*% The WHOLE issue is that he was NEVER even “charged!” He was NOT accused…by ANY authorities NOT anyone EXCEPT the ONE girl who was RECORDED SAYING “IM GONNA GET HIM; IM GONNA SAY HE RAPED ME”- and WITNESSES, who were HER FRIENDS testified “she PLANNED it”… The DA AGREED it was a LIE and brought NO charges!!

    What is eyeopening here re sooo many agreeing and saying these things, is… I cant strand Elloit; hes a complete child. He does ALLOT of stupid embarrassing things, ala like Jamis Winston; Brett Farve; Cam, Antonio Brown, etc. BUT he isnt even close to what hes being acussed of – thats NOTHING like Rice; other situations where “some” level of domestic abuse actually OCCURRED (ie the infamous corporate position)..But THIS is different, In fact this is the PERFECT case example to bring vs the misinterperatation of the power employers should have to fire re reputation hurting company… For THIS is something ANYONE could do to ANYONE..and in THIS case precedent should definately refer to the POLICE investigation, that concluded NOTHING happened (and the GIRL should be charged, and lose HER job over reputation.) THIS IS THAT CASE…AND ALLOT OF NON FOOTBALL PEOPLE ARE WATCHING IT

    Elliot’s a boy; a juvenile moron. But at most, like the rest of the NFL’s “party clowns”…if he gets anything at all, it should be at most ONE game-and ONLY for the OTHER stupid stuff he did. NOTHING should be considered re THIS targeted attack.

    THIS CASR is MUCH bigger than Elliot OR the NFL. Its about ALL of us, and where the “reputation” vs us, can be used against us. This is BIG.

  12. I hope the court rules in favor of the EMPLOYER aka the NFL and denies all future appeal attempts.
    Make a determination that if Zeke and the NFLPA keep appealing, the suspension will start in the playoffs and extend into the 2018 season.

  13. Given the limited career span of an NFL player; esp a RB , the uniqueness of the skill set and limited number of chances to display them you can make the irreparable harm case but the powers given the Commish in CBA Jake showing likelihood of prevailing on merits very dicey and must have that too … good I have Morris as handcuff on my fantasy team lol

  14. Something that should not go unnoticed – the Cowboys aren’t the only ones not sure about preparing a game plan with or without Elliot, the opposing defense has the same issue.

  15. Zeke committed domestic violence. By pulling down that woman’s top he should be declared a sexist.
    Despite that, the media, the NFLPA, and feminist groups support Zeke 100% and get no criticism for it.
    How is it that our President said the p-word in a private conversation and gets ripped to shreds and protested for it yet Zeke can commit DV or physical battery against a woman and no one is allowed to discipline him?
    Why are the womens rights groups silent?
    Why isn’t the NFLPA ripped for protesting this guy?
    Why doesn’t the media police itself and force the NFLPA and Zeke to accept his punishment?
    I’ll tell you why. Politics. Specifically left-wing politics. The left feels that they can do whatever they want and never have to face consequences…ever.
    One rule for people on the left, another (that’s enforced) for everyone else.
    THAT is why this Zeke fiasco continues.
    I liken this to how Hollywood and the media buried the entire Weinstein story to protect itself.
    Same exact principle.

  16. The irreparable harm comes from losing games. The harm is losing games before the suspension is overturned. You can get your money back, but you and your team can never get your games back.

    Brady’s case predated the final ruling against him. That final ruling upheld Goodell and the NFL’s rights to make the ultimate finding. All of this makes it less likely that Zeke would ultimately prevail. Zeke’s main arguments are similar to Brady’s: no due process, inherent unfairness. The district court found that the CBA gave the league final authority over discipline.

  17. ajzinnecker says:
    November 9, 2017 at 1:51 pm
    dvdxtreme says:

    November 9, 2017 at 1:34 pm

    myvietnamwasfightingtheclap says:
    November 9, 2017 at 1:30 pm
    Obviously Elliot will suffer irreparable harm? Did Brady suffer irreparable harm?

    ———————————————————————————————————————————

    Was Brady accused of a felony? Domestic violence is not the same as cheating in a game.

    ————————

    Zeke was not charged with anything. His GF (The Victim) did not actually bring him to court. There is nothing charged. The NFL is trying to punish him for something the legal system didn’t.

    The Brady thing is cheating in a game. No legal system needed. The NFL say this, Brady did that…..more grounds for the NFL to pursue.

    ————

    This is a pant-load of crap. Brady was not accused of “cheating in a game” as the NFL admitted that they had zero evidence of such in open court. And for one to believe that Brady cheated, they would have to also believe that Andrew Luck cheated as the Colts balls were under the legal PSI limit as well.

    So you see, not of this has anything to do with whether or not there is actual evidence to anything. This is about Goodell’s power to do as he please…..a power Jerry Jones was delighted with when Goodell was railroading Brady. Only now when Jerry’s player in in Goodell’s sights is Jerry upset. Well sorry Jerry, you are a schmuck and you are getting exactly what you deserve.

    As for Elliott, the guy has been accused of multiple instance of DV and there is a video of him pulling down a woman’s top in public. I think he has established how own character for everyone to see and it isn’t a good look.

  18. Obviously Elliot will suffer irreparable harm?

    So, what if Elliott plays and then suffers a serious injury that ends his career? If he sits, he’s guaranteed not to “suffer irreparable harm” while playing.

  19. New rule. Comments posted below the article are not allowed to be longer than the article itself

  20. sayormills49 says:
    November 9, 2017 at 2:35 pm
    New rule. Comments posted below the article are not allowed to be longer than the article itself
    *********************************************
    Can we also ban anything Brady related?

  21. myvietnamwasfightingtheclap says:
    November 9, 2017 at 1:30 pm
    Obviously Elliot will suffer irreparable harm? Did Brady suffer irreparable harm?

    —-

    Brady did not because he was allowed to play while the case ran its course

  22. dryzzt23 says:
    November 9, 2017 at 2:26 pm
    Zeke committed domestic violence. By pulling down that woman’s top he should be declared a sexist.
    Despite that, the media, the NFLPA, and feminist groups support Zeke 100% and get no criticism for it.
    How is it that our President said the p-word in a private conversation and gets ripped to shreds and protested for it yet Zeke can commit DV or physical battery against a woman and no one is allowed to discipline him?
    Why are the womens rights groups silent?
    Why isn’t the NFLPA ripped for protesting this guy?
    Why doesn’t the media police itself and force the NFLPA and Zeke to accept his punishment?
    I’ll tell you why. Politics. Specifically left-wing politics. The left feels that they can do whatever they want and never have to face consequences…ever.
    One rule for people on the left, another (that’s enforced) for everyone else.
    THAT is why this Zeke fiasco continues.
    I liken this to how Hollywood and the media buried the entire Weinstein story to protect itself.
    Same exact principle.

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

    This fiasco continues because the NFL chose to ignore law enforcement, spend 14 months hanging this allegation over the head of a man who was never arrested, charged or convicted of this crime, then ignored their own lead investigators recommendation to not suspend him, then botched the appeal process by refusing to produce evidence and witnesses to the defense. THE NFL is responsible for this fiasco and they deserve every ounce of negative PR over this. Once this is over, I hope Elliott sues the NFL and Goodell for defamation and compensation for money he is sure to have lost in this process

  23. The Cowboys are 5-3, and probably won’t win the division. Elliot has played well but hasn’t really been stellar on a regular basis. And Alfred Morris has been an able #2 RB.

    So what if Zeke had just accepted the suspension. I don’t think the Cowboys would have been any worse off. Yes, it would have tantamount to admitting guilt in his eyes and he would have lost paychecks, but it would have been over by now and he could have concentrated on the rest of the season.

    Sometimes, it makes sense just to take your lumps.

  24. sdelmonte says:
    November 9, 2017 at 3:19 pm

    The Cowboys are 5-3, and probably won’t win the division. Elliot has played well but hasn’t really been stellar on a regular basis. And Alfred Morris has been an able #2 RB.

    So what if Zeke had just accepted the suspension. I don’t think the Cowboys would have been any worse off. Yes, it would have tantamount to admitting guilt in his eyes and he would have lost paychecks, but it would have been over by now and he could have concentrated on the rest of the season.

    Sometimes, it makes sense just to take your lumps.
    ———————-

    He didn’t get suspended for something stupid like maybe knowing that two other guys might have done something to the Patriots and Colts footballs used in the 2015 AFC championship game.

    The NFL has falsely branded him as a domestic abuser. That’s not something you just shrug off and accept “like a man”. If I were falsely accused of domestic violence by the likes of the corrupt liars in the league office, based solely upon the false accusations of a jealous and vindictive liar, I would fight it to the end. As anyone should.

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