Dallas Cowboys running back Ezekiel Elliott is officially on the NFL's suspended list.
That happened Friday, a day after the 5th Circuit U.S. Court of Appeals, granted the NFL a stay of the preliminary injunction blocking his six-game suspension for violating the league's personal conduct policy and ordered that his case against the league be dismissed.
The NFL reiterated it's stance on Monday in a conference call with vice president of communications Joe Lockhart, who insisted that the preliminary injunction has been vacated by the courts and the league doesn't see that changing.
Elliott and his lawyer's from the NFL Player's Association have not given up.
In addition informing a New York judge that he plans to file a petition for a re-hearing before the full Fifth Circuit Court of Appeals on Friday, they followed on Monday by telling the same judge in the Southern District Court of New York of their plans of filing for a new temporary restraining order or preliminary injunction to keep Elliott on the field.
As of now, Elliott will miss the next six games. They are Sunday at the San Francisco 49ers, the Oct. 29 game at the Washington Redskins, at home Nov. 5 against the Kansas City Chiefs, Nov. 12 at the Atlanta Falcons, Nov. 19 at home against the Philadelphia Eagles and the Nov. 23 Thanksgiving Day game against the Redskins.
Elliott is eligible to return to the team Nov. 24.
Per Florida-based sports law attorney Daniel Wallach, who has been following this case closely, the TRO would be unnecessary if the 5th Circuit recalls his mandate with specific wording to reinstate the injunction.
It could also recall the mandate and decide to hear the case without reinstating the injunction. It could also decide to not recall the mandate and decline to re-hear the case before the full court.
A decision by the 5th circuit is expected soon.
If the latter two situations occur, Wallach believes the NFLPA will file for the TRO with the district court in New York.
And contrary to many legal analysts who believe Elliott has no chance of winning in New York because it's seen as a more favorable court for the NFL, as the site of the league winning its Deflate-gate case against Tom Brady, Wallach thinks this Hail Mary move by Elliott has a chance of connecting.
When the three-panel 5th circuit judges voted 2-1 to grant the NFL's emergency request and ordered the U.S. Eastern District of Texas Court in Sherman to dismiss Elliott's case, the majority decision focused mainly on the issue of jurisdiction.
Essentially, the 5th Circuit agreed with the NFL saying the case was not ripe as Elliott had not exhausted all remedies under the collective bargaining agreement, thus Elliott filed too soon and the Texas court did not have proper jurisdiction to rule.
Jennifer Elrod and Edward Prado swung the decision in the NFL's favor.
Judge James E. Graves issued a dissenting opinion in Elliott's favor, siding with district court Judge Amos Mazzant, who granted the original TRO, while focusing on the fundamental fairness and irreparable arm to Elliott.
"Both gave substantive dissertations on fundamental fairness," Wallach said. "The (New York) judge is now armed with two powerful court opinions to grant the injunction as a place holder. The opinions provide a road map for an injunction. All he has to show is a likelihood of success. It doesn't mean he will win the case in the long run."
Until then, the NFL is clear.
His suspension remains unaffected.
