NFL Seeks Dismissal of Ezekiel Elliott's Federal Lawsuit
The National Football League filed two motions on Monday seeking to dismiss the federal lawsuit filed last week by suspended Dallas Cowboys running back Ezekiel Elliott.
The league claims that Elliott has no legal right to challenge his six-game suspension in federal court.
Elliott was suspended after violating the league's personal conduct policy after a domestic violence investigation.
The NFL Players Association sued the league on behalf of Elliott, wanting to vacate a impending ruling of an arbitrator over that six-game ban.
“The NFLPA also lacks standing to seek a contingent order preemptively challenging an award that clearly has not yet (and may never) cause it or Ezekiel Elliott any harm,” NFL lawyer Eric Gambrell wrote in a filing, obtained by the Fort Worth Star-Telegram. “And the NFLPA’s claim is unripe to boot, as even the NFLPA acknowledges that the arbitrator’s forthcoming award could still afford the NFLPA all the relief it seeks.”
The league also wants to throw out Elliott's attempt at a temporary injunction blocking the suspension.
A court hearing is scheduled for 5 p.m.Tuesday in Sherman, Texas concerning the injunction.
The league is arguing Elliott's possible case in federal court by using the example of New England Patriots quarterback Tom Brady.
Brady was suspended for four games for his role in Deflategate.
A federal appeals count eventually ruled that NFL commissioner Roger Goodell had the authority to suspend the five-time Super Bowl champion because of language in the current collective bargaining agreement.
“Settled precedent makes clear that federal district courts ‘have no business weighing the merits of the grievance (or) considering whether there is equity in a particular claim,” Gambrell said in the filing.