Published: Fri, October 13, 2017
Sports | By Nelson Rowe

Appeals court vacates Ezekiel Elliott injunction

Appeals court vacates Ezekiel Elliott injunction

The Associated Press is reporting that a federal appeals court has cleared the way for the NFL's six-game suspension of Dallas Cowboys star Ezekiel Elliott in a domestic case.

In it's majority decision, 5th Circuit judges Edward C. Prado and Jennifer Walker Elrod ruled that the NFLPA filed its lawsuit to have Elliott's suspension dissolved before an arbitration decision was made on the decision. Elliott can not show it was futile to wait for a final decision simply because he believed the arbitrator would issue an unfavorable ruling.

The latest motion in Ezekiel Elliott and the NFL Players Association's legal battle with the NFL has been decided. "As there was no final decision, Elliott had not yet exhausted the contracted-for remedies".

The Court of Appeals ruled against the injuction Thursday, overruling the district court's decision.

The circuit court's ruling does not mean Elliott's fight is over.

"The District Court, therefore, lacked subject matter jurisdiction when it issued the preliminary injunction".

Bottom line: National Football League won this round as 5th Circuit vacated Ezekiel Elliott's preliminary injunction & Eastern District of Texas has to dismiss case.

The league has been unwilling to live with that decision. He may have to serve his suspension, effective immediately. This recommendation was not passed on to Goodell and, according to the suit, hindered the commissioner's ability to do his job.

The league won the "Deflategate" decision in the NY court, leading to New England quarterback Tom Brady serving his four-game suspension a year after it was originally imposed. Elliott will have to get another injunction in NY in order to keep playing this season. In Brady's case, his four-game suspension for his alleged role in the Deflategate scandal was enforced at the outset of last season after he played the entire 2015 season based on a ruling by a federal judge.

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