Advertisement

NFL files appeal to eliminate injunction in Elliott's suspension

[jwplayer aL62fq2P]

Well that certainly didn’t take long.

While Cowboys RB Ezekiel Elliott was already cleared to play in Sunday night’s eventual 19-3 win over the Giants, Friday’s decision by Judge Amos Mazzant to grant a preliminary injunction on the suspension was huge. It paved the way for Elliott to possibly play the entire season while the courts decided whether or not the NFL process followed that of what is outlined in the collective bargaining agreement (CBA).

The language in the decision from Judge Mazzant was strong in reprimanding the league’s process as fundamentally unfair. On Monday, the league countered, by filing suit to get rid of the injunction all together.

Part of the legal tussling came when the NFLPA filed suit in Texas, thereby guaranteeing any appeal of the U.S. District level decision would take place in the Fifth Circuit Court of Appeals. The union wanted the fight out of the NFL’s backyard in the New York courts which have been very favorable to the league.

Rcently, the Fifth Circuit has only overturned 7.2% of the cases that reach its level.

After Sunday night’s victory, Elliott spoke for the first time on the proceedings, stating he’s finally getting a chance to prove his innocence, per Pro Football Talk.

“Just kind of your name being dragged through the mud,” Elliott said. “I mean, it’s been 14 months just kind of being associated with that. That’s tough.”

Elliott characterized his legal victory Friday as relief.

“Just relieved from the fact that I finally get a fair trial,” Elliott said. “I finally get a chance to prove my innocence. And I’m just happy I’m able to be with these guys for as long as it’s permitted and just not having to miss time and not being away from them.”

The legal process right now though, doesn’t really have to do with Elliott’s guilt or innocence, it’s a look into the fundamental fairness of the process and whether or not the league allowed Elliott a fair chance to defend himself during the appeals process run by arbiter Harold Henderson.

Last week Tuesday, Henderson upheld the six-game suspension handed down to Elliott from commissioner Roger Goodell. Henderson ruled not to allow Elliott’s team to interview his accuser, Tiffany Thompson, and also didn’t allow them access to the interview and notes. In addition, they did not grant Elliott’s team the opportunity to interview Goodell himself, and find out why the recommendation from lead investigator Kia Roberts was not included in the more than 160 page decision document. Roberts was the only person to interview Thompson, found her non-credible and recommended no suspension.

The average length of time for an appeal is 8.8 months, which would put things in an April time frame, thus likely allowing Elliott to play all season.

This is why the NFL could request a stay of the injunction, but for that to succeed they’d have to prove they are the ones being harmed by delaying the suspension while the court decides whether it was properly implemented. That’s a tough sell, as the basis for the injunction is around the fact that a player’s window of opportunity would be irreparably harmed for the suspension to hold when the judge feels the process was unjust.

If the NFL is susccessful in their appeal and stay, it’s possible Elliott’s suspension will resume this week. That would put him in a position, if he won, to only get back the money lost in base salary and signing bonus forfeiture. The games lost could not be recovered.

Follow all of your favorite Texas teams at Cowboys Wire, Longhorns Wire, Texans Wire, Rockets Wire and Aggies Wire!

More 2017 Season