Latest On Ezekiel Elliott Appeal

In the middle rounds of what’s been a lengthy fight, the NFLPA and NFL have fired additional salvos this week after Ezekiel Elliott‘s suspension was restored on Monday.

The NFLPA’s requested an emergency motion for an injunction with the U.S. Court of Appeals for the Second Circuit in hopes of expediting this process so Elliott can play either this week or shortly thereafter, legal analyst Daniel Wallach reports (Twitter links). But the NFL has fired off a counter effort in hopes of squashing this.

The league filed a motion arguing against the emergency injunction, Josh Alper of Pro Football Talk reports. The NFLPA’s 14-page argument for the injunction, which would allow Elliott to play while the case continues, is Southern District judge Katherine Polk Failla ignored “numerous cases” of courts allowing athletes to play while their post-suspension appellate efforts proceed, Mike Florio of PFT reports. Florio adds Failla’s husband is a partner at the firm that helped craft the CBA’s labor agreement, one that gives Roger Goodell full autonomy to levy discipline, but the NFLPA’s motion did not mention this.

Conversely, the NFL is arguing Failla’s ruling denying Elliott the preliminary injunction he sought wasn’t “a close call.” Should nothing come down on the Elliott front by Saturday, he will not play against the Chiefs this week. He stands a good chance of missing that game. As of now, Elliott is suspended through Week 14.

The NFLPA is arguing by Elliott missing games, he will suffer irreparable harm by this suspension beginning without the 22-year-old’s full due process being afforded to him. Because once the suspension includes games missed, Elliott’s effort only becomes about recouping game checks and restoring his reputation.

Multiple courts have denied this assertion in the past month, so this is looking like a last-ditch effort for the running back to see the field before mid-December.

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