[UPDATE] Just after this article was published, a ruling came down. Ezekiel Elliott and the NFLPA lost, the emergency motion was denied. Despite the predictions that the court wouldn’t rule right away, and that Elliott was likely to win based on the questions asked, Elliott lost. This means his suspension will be back on and the Cowboys likely won’t have him for Sunday. The court did grant an expedited appeal for the overall case, but that is unlikely to be heard before this Sunday.
BREAKING: #Zeke's emergency motion has been denied by the Second Circuit. Details to follow.— Daniel Wallach (@WALLACHLEGAL) November 9, 2017
Ezekiel Elliott's motion has been denied. NFL will impose suspension immediately.— Drew Davison (@drewdavison) November 9, 2017
There was three-judge panel hearing today in New York as Ezekiel Elliott and the NFLPA battle the NFL over his six-game suspension. Elliott and the NFLPA are ultimately trying to get a preliminary injunction that would basically allow Elliott to play the rest of the year, and this would be one step along the way.. As of this point, there is no timeline for a decision, but most analysts seem to think it could be later today or tomorrow.
Kate Hairopoulos of the Dallas Morning News has been a stalwart in covering the ins-and-outs of the legal wrangling. She attended the hearing and her Twitter feed is a must-read to get a feel for what occurred today. Also, Daniel Wallach, a lawyer who has also been covering the case closely, is commenting on top of Hairopoulos’ tweets. His feed is here. Also, a good Twitter feed for coverage is Peter Brush, found here.
Here are some of the more important tweets.
Judge Jacobs asked NFL reps: it was a 14-month investigation, it seems odd you can't wait a couple more months (to enforce suspension)?— Kate Hairopoulos (@khairopoulos) November 9, 2017
Judge Droney asked NFL reps to concede Elliott would suffer more harm now 8 games in & w/ playoffs nearing than at start of season.— Kate Hairopoulos (@khairopoulos) November 9, 2017
Judges asked if NFL investigators found credibility issues with accuser, how can they suspend Elliott on "credible evidence" standard?— Kate Hairopoulos (@khairopoulos) November 9, 2017
Judges Droney and Livingston in particular seemed to be in no rush. Livingston said fact that NFL let Zeke play Week 1 "undercuts" urgency and Droney said harm to Zeke would be "greater" now than before— Pete Brush (@PeteBrush) November 9, 2017
I'll be hitting the Zeke docket until about 5 p.m. today but given the panel's comments I would be surprised if they come back with a ruling today. Then again, this case has surprised me and everyone else before. We'll see!— Pete Brush (@PeteBrush) November 9, 2017
Early indicators (judges' comments and questions) seemingly point to a pro-Elliott ruling. Seems one-sided to me. https://t.co/BbfLgfOCMT— Daniel Wallach (@WALLACHLEGAL) November 9, 2017
Reading the tea leaves (and @khairopoulos), decision looks like it's going to be in #Zeke's favor. Irreparable harm prong heavy for Zeke.— Daniel Wallach (@WALLACHLEGAL) November 9, 2017