Ezekiel Elliott TRO hearing being heard by NY judge now

Ruben Hill
October 18, 2017

Elliott's legal team and National Football League lawyers were set for a hearing Tuesday afternoon in the Southern District of NY, about two hours before what Elliott's attorneys believed was a deadline for active rosters to be set for the Cowboys' game Sunday at San Francisco.

Elliott's request for a recall of the mandate by the Fifth Circuit Court of Appeals, throwing out the preliminary injunction that was blocking a six-game suspension for violating the NFL's personal conduct policy, was rejected Tuesday morning. U.S. District Judge Paul Crotty was set to hear arguments because the presiding judge, Katherine Polk Fialla, was out of town. Elliott's outlook remains as clear as mud.

Last week, though, a three-judge panel in the 5th Circuit Court of Appeals in New Orleans vacated that injunction and restored the suspension.

But the NFL's lawyers accused Elliott of trying to "manipulate" the process.

Lawyer Jeffrey Kessler argued that the temporary restraining order is needed to ensure Elliott isn't unfairly punished while he contests the arbitration in court.

The court did say the NFLPA can request an en banc rehearing in the case.

Elliott was suspended in August by Commissioner Roger Goodell after the league concluded following a yearlong investigation that he had several physical confrontations in the summer of 2016 with Tiffany Thompson, his girlfriend at the time. That could change and he could continue to play if the 5th Circuit Court re-hears the case or if the court in the Southern District of NY grants him another injunction to block the suspension.

The 22-year-old Elliott denied the allegations in sworn testimony during a league appeal hearing.

The appeals court said Elliott's camp prematurely filed its request for an injunction in the Eastern District of Texas. Elliott's attorneys have indicated they are still pursuing the case with the New Orleans court.

The NFL Players Association has filed for another injunction that would keep Ezekiel Elliott on the field, this time in a NY court, where the NFL wanted the case heard initially. After Henderson rejected Elliott's appeal, the league filed a lawsuit with the Southern District of NY, asking it to confirm Henderson's ruling.

We will update this as more news becomes available.

Other reports by Click Lancashire

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