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Ezekiel Elliott, NFLPA to file for injunction in New York while waiting on 5th Circuit decision

The Ezekiel Elliott/NFLPA legal team is moving ahead with another motion for an injunction.

Los Angeles Rams v Dallas Cowboys Photo by Tom Pennington/Getty Images

On this past Friday, Ezekiel Elliott, through the team representing him from the NFLPA, had asked the 5th Circuit Court of Appeals for an en banc rehearing after losing a decision to the NFL about his six-game suspension. That court, in a split decision (2-1), ruled that the Texas court didn’t have jurisdiction and vacated Elliott’s injunction and sent the case back to be dismissed. The result of that decision left Elliott back on the NFL’s suspended list effective immediately.

While Elliott and the NFLPA are waiting for a decision about their motion for an en banc rehearing, they are moving ahead in another court.

As the NFL and NFL Players Association wait for clarity (or something close to it) from the U.S. Court of Appeals for the Fifth Circuit regarding whether Ezekiel Elliott‘s injunction will remain in place while he pursues a petition for rehearing, the NFLPA will be seeking relief from the other court where Elliott-related issues are pending.

The NFLPA will be filing on Elliott’s behalf a motion for preliminary injunction that seeks an order blocking the suspension until the Fifth Circuit clarifies the situation. This filing will flow from the frustration and confusion that the NFLPA surely is feeling regarding the unexpected (from the NFLPA’s perspective) decision of the Fifth Circuit to mandate dismissal of the Texas case before Elliott could pursue further appellate rights. It also represents an avenue for obtaining a court order that could be use to compel the NFL to allow Elliott to participate in practice, be at the facility, etc. until the Fifth Circuit acts.

As of this moment, Elliott will not be able to go to the Cowboys’ practice facility on Tuesday and will not be able to play this Sunday, or for the next six games. Basically, they are seeking relief either by a full rehearing from the 5th Circuit Court, or they want a new injunction from the New York court, similar to the one he got in the Texas court until the 5th Circuit struck it down last week.

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