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Cowboys' Elliott paving way for lawsuit, requested independent arbiter

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Ezekiel Elliott is scheduled to meet with arbiter Harold Henderson on Tuesday, as the Cowboys running back appeals his six-game suspension for violating the NFL’s personal conduct policy. Elliott requested the NFL to replace Henderson with an independent arbiter, but that request was denied.

Henderson is a former NFL Management executive and there is concern from Elliott’s camp he will not be able to be impartial in deciding the merits of the appeal. Henderson has already struck down Elliott’s request to face his accuser, Tiffany Thompson, in his appeal. He also denied their request for notes and transcripts from their interview of Ms. Thompson.

The league has used either Henderson or Goodell to decide on all high-profile disciplinary appeals since an independent arbiter was used in the Ray Rice case and sided with Rice’s appeal.

After Elliott was suspended, his team of lawyers and family members went on the offensive to prove his innocence by focusing on their perceived lack of credibility of the accuser. The NFL fired back that the tactics were disgraceful and the NFLPA responded with their own shots. Things have gotten very ugly and it does not appear to be changing anytime soon.

For those who remember, the request for an truly independent arbiter never had a chance, but is necessary in terms of legal maneuvering.

While the NFL eventually won an appeal over the Deflategate incident, Elliott’s camp likely feels the actions of the NFL with their panel could have violated Article 46 of the CBA, which gives the commissioner wide-ranging power over player discipline.

 

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