The NFL has appealed Dallas Cowboys star running back Ezekiel Elliott's preliminary injunction to the Fifth Circuit Court of Appeals in New Orleans in hopes of reinstating his six-game suspension for violating the league's personal conduct policy.
The question now is whether the NFL will file for an emergency "stay" of Judge Amos Mazzant's injunction, pending the outcome of the appeal.
Per Daniel Wallach of the Sports Law Blog, the average duration of an appeal in the Fifth Circuit is 8.8 months, from the date of the filing of a notice of appeal to its ultimate disposition.
But a "stay" would prevent the injunction from going into effect throughout the outcome of the appeal, thus forcing Elliott to begin serving his six-game suspension immediately.
It could make for another frenzied week of legal maneuverings and court proceedings for Elliott.
The NFL must first ask Mazzant for an emergency stay of his own decision before officially being able to ask for relief of the stay from the court of appeals in advance of Sunday's game against the Denver Broncos.
Elliott won Round 1 last week when Mazzant granted the temporary restraining order and preliminary injunction, citing that Elliott did not receive a fair appeals hearing before league-appointed arbitrator Harold Henderson.
Mazzant ruled that Elliott would suffer irreparable harm if the suspension took effect while the legal case plays out and that Elliott also met the other criteria necessary for an injunction.
He and the Fifth Circuit would have to reverse the decision based on the same reasoning, citing irreparable harm to the NFL if he didn't serve the suspension immediately.
Elliott made his 2017 debut on Sunday night, rushing for 104 yards in the Cowboys' 19-3 victory over the New York Giants.
But he understands the fight with the NFL was not over and there was no guarantee he would be on the field for the entire season.
"It is what it is," Elliott said after the game in what were his first public comments since June. "I've kind of just stopped worrying about it because it's really out of my hands at this point. 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."
Elliott was suspended on Aug. 11 after the NFL concluded a 13-month investigation into domestic violence accusations of former girlfriend Tiffany Thompson.
Columbus, Ohio, prosecutors declined to pursue charges because of conflicting and inconsistent information.
Elliott, 22, said he's looking forward to finally getting "a fair trial."
"I finally get a chance to prove my innocence," Elliott said.
Playing football again and notching the eighth 100-yard game of his career Sunday night against the Giants was easy.
The hard part?
"Just kind of your name being dragged through the mud," Elliott said. "I mean, it's been, like I said, 14 months. Just kind of being associated with that. That's tough."
