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Ezekiel Elliott

Ezekiel Elliott's suspension reinstated after appeals court vacates injunction

A.J. Perez
USA TODAY
Dallas Cowboys running back Ezekiel Elliott (21) on the field before the game against the Los Angeles Rams at AT&T Stadium.

Dallas Cowboys running back Ezekiel Elliott's six-game suspension has been reinstated after the 5th Circuit Court of Appeals vacated a district court’s preliminary injunction Thursday and instructed the lower court to dismiss the case.

The NFL said in a statement the suspension would be effective immediately. The Cowboys have a bye this week before facing the San Francisco 49ers next Sunday.

The 2-1 decision comes after U.S. District Court Judge Amos Mazzant granted a temporary injunction in the case, which he ruled was "fundamentally unfair." Because Elliott filed prior to arbitrator Harold Henderson's ruling on his suspension, judges Edward C. Prado and Jennifer Walker Elrod ruled that the running back had "had not yet exhausted the contracted-for remedies."

Frank Salzano, a lawyer for Elliott, wrote in a statement that his team is "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." The NFL Players Association wrote that "the failures of due process by the NFL articulated in the district court's decision were not addressed."

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The most likely next step for Elliott could be to pursue the case in New York, where the NFL has already filed a case on the matter. Lawyers from the NFLPA representing Elliott could ask the U.S. District Court for the Southern District of New York -- the same venue as New England quarterback Tom Brady's Deflategate case -- to issue an injunction. 

"We could very well have the same results that we had in Texas' district court and Elliott could be again granted a temporary restraining order," sports law attorney Daniel Wallach, a partner at Becker & Poliakoff, told USA TODAY Sports. "The 'fundamental fairness' issue and the irreparable haven't diminished with time. In fact, there's significantly more harm now since the Cowboys are nearing the middle of the season. That (irreparable harm) argument becomes even stronger."

The NFL filed a letter Thursday with U.S. District Court for the Southern District of New York notifying that court of the of the appeals court's decision. 

David Weinstein, a partner at Hinshaw & Culbertson and a former assistant U.S. Attorney, said there are two other avenues: refile the case again in Texas or seek a rehearing in front of all 13 judges of the 5th Circuit. 

"If he refiles in Texas, the NFL still has their jurisdictional argument and they have already filed a suit in New York, so they beat him to that courthouse," Weinstein said. 

Elliott's suspension could remain on hold if he seeks a rehearing, known as an en banc petition, Weinstein said. But the 5th Circuit could deny the rehearing within weeks and few are granted. 

"I have been saying all along to be careful what he wishes for," Weinstein said. "He could end up getting suspended for the last few weeks of the regular season and depending on the Cowboys record, the playoffs."

If Elliott serves his suspension, he would miss games against the 49ers, Washington Redskins, Kansas City Chiefs, Atlanta Falcons, Philadelphia Eagles and Los Angeles Chargers. He would be eligible to return against Washington in Week 13.

The dissenting opinion came from Judge James Graves: "I conclude that the district court properly exercised subject matter jurisdiction. Also, as the NFL is unable to show a likelihood of success on the merits or any irreparable injury for purposes of a stay, I would deny the motion for stay."

While Elliott was not arrested or charged by prosecutors, the NFL cited statements from Elliott's former girlfriend and photos that showed injuries Elliott allegedly inflicted in July 2016 for the basis for his suspension. The six-game ban is the baseline punishment for domestic violence under the league's personal conduct policy, which was updated after  former Baltimore Ravens running back Ray Rice's domestic violence case.

Follow A.J. Perez on Twitter @byajperez

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