Judge Approves NFL's Motion for a Stay in Ezekiel Elliott Suspension Trial
On Thursday, the U.S. Court of Appeals for the Fifth Circuit approved the NFL's motion to put a stay on the injunction that has allowed Ezekiel Elliott to play this season.
With the NFL's motion being granted, Elliott's six-game suspension is reinstated. Ian Rapaport of NFL.com reports that NFL executive vice president of communications Joe Lockhart said Elliott's suspension will begin immediately. He adds that the NFL has said Elliott cannot be at the team facility until Nov. 24.
In a 2–1 decision, the court ruled the injunction filed by the NFLPA was premature because at the time it was filed, Elliott's appeal to the NFL had not been decided. That meant the measures agreed upon in the collective bargaining agreement had not been exhausted.
By putting a stay on the injunction, the temporary restraining order (TRO) Elliott had in Texas allowing him to forgo the NFL's suspension is halted. Elliott's previous TRO allowed him to keep playing until the NFLPA's lawsuit against the NFL is concluded.
According to Tulane law professor Gabe Feldman, Elliott could re-file the injunction in New York Federal Court, which could lead to another injunction. The lawsuit filed by the NFLPA is arguing that the league's decision to suspend Elliott was unfair because it was not consistent with the personal conduct policy.
Elliott's lawyer Frank Salzano issued a statement according to Rapoport that says, "We are currently exploring all of our legal options and will make a decision as to what is the best course of action in the next few days. Until that time, we have no further comment on the 5th circuit's decision."
The NFLPA issued a statement saying, "The NFLPA is reviewing the decision and considering all options. The appellate court decision focuses on the jurisdictional issues. The failures of due process by the NFL articulated in the district court's decision were not addressed."
On Sept. 18, the NFL filed the same motion to Judge Amos Mazzant, the federal judge in Texas who granted the injunction, and it was denied.
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Elliott has 393 rushing yards in four games for the Cowboys this season. Dallas is on bye this week, with Alfred Morris and Darren McFadden the Cowboys’ other running backs on the roster.
