The NFL will have its latest opportunity to gain the upper hand in its battle with Ezekiel Elliott and the NFLPA when the sides convene Monday in New Orleans for the Fifth District Court of Appeals hearing. However, the league is attempting to take action that will send this case elsewhere.
Based on the notion Elliott filed his initial appeal of his six-game suspension before league-appointed arbiter Harold Henderson issued his ruling, the NFL asked a federal appeals court to lift the injunction — one that’s allowing the Cowboys running back to play while his case traverses the legal system, according to Schuyler Dixon of the Associated Press. The league wants the case dismissed and Elliott to begin serving his suspension.
Both sides will have a chance to present oral arguments to the appellate court Monday afternoon. The NFL is arguing the Texas judge that granted Elliott’s injunction, Amos Mazzant, did not have jurisdiction regarding this subject matter since the appeal came before Henderson’s ruling. The NFLPA countered by saying Mazzant did, in fact, have jurisdiction because Henderson rejected a request allow testimony from Roger Goodell or accuser Tiffany Thompson during Elliott’s appeal hearing, thus prompting Elliott’s lawsuit in Texas to start the legal proceedings.
The NFL’s attempt being successful would send this case to New York federal court, where the league already filed a lawsuit. Mike Florio of Pro Football Talk notes the NFL believes it has a much better chance of winning this case there.
Elliott remains eligible for Sunday’s Week 4 game against the Rams, but more legal jargon will be coming Monday after a critical day in his case ensues.