The Fifth Circuit of Appeals has ruled in favor of the NFL in its case against Ezekiel Elliott. As a result, Elliott’s six-game ban has been restored.
However, Elliott’s camp could re-file in New York Federal Court and keep him on the field, according to lawyer Gabe Feldman (on Twitter). It’s not known whether Elliott will continue the fight, but we do know that it’s not necessarily over. Elliott can also re-file in Texas, Adam Schefter of ESPN.com tweets.
The court, based out of New Orleans, ordered the district court in Texas to dismiss Elliott’s case with a 2-1 vote in favor of the NFL.
If no further legal action is taken by Elliott’s team, he may be barred from playing in the team’s Oct. 22 contest against the Niners. The NFL plans to enforce this immediately, Albert Breer of SI.com tweets. The Cowboys have a Week 6 bye. After their 49ers tilt, the Cowboys face the Redskins, Chiefs, Falcons, Eagles and Chargers. Three of these games (against the 49ers, Redskins and Falcons) are on the road.
In August, Elliott received the six-game suspension for domestic abuse allegedly occurring during a week in 2016. But Texas judge Amos Mazzant granted the running back an injunction that allowed him to play in Dallas’ first five games while this case made its way through the courts. Thursday’s ruling overrules Mazzant’s, and now Elliott and the NFLPA will have to make a decision about fighting this further.
Elliott filed his appeal in Texas prior to NFL arbiter Harold Henderson upholding the six-game ban levied upon him. That preemptive strike played into this latest ruling against the running back, ESPN’s Josina Anderson tweets. The decision being based on Elliott’s timing would stand to give the second-year player a chance in New York Federal Court, Breer notes (on Twitter).
While the parties likely will, with Elliott and the NFLPA previously unwilling to agree on a settlement with the league, this now could be a matter of finances. Elliott serving his six-game ban without pay would obviously deal a blow to both his reputation and the Cowboys’ playoff hopes. And a subsequent fight in the offseason would be about recouping salary and having this charge vacated from his record. Elliott was not charged or arrested for this alleged violence against Tiffany Thompson.
Even with Elliott’s services, the Cowboys are 2-3. It took them until Week 17 of last season to suffer a third defeat, and that only came in a meaningless Week 17 contest. Removing the first-team All-Pro back from the equation could spell doom for an offense that has taken a step back from its 2016 version.
Alfred Morris has served as Elliott’s primary backup this season, with Darren McFadden being a healthy scratch throughout this year. But McFadden, who re-signed with the Cowboys this offseason, figures to be a bigger part of the operation if Elliott indeed serves this suspension this season.