Sport

NFLPA seeks restraining order to block Elliott suspension

NFLPA seeks restraining order to block Elliott suspension”

Even though the hearing is on Tuesday, it is unclear if Judge Paul A. Crotty will issue a ruling before Sunday's game against the 49ers.

With no action forthcoming by the full appeals court the NFLPA's request, the union filed its motion Monday to seek relief in the Southern District of NY.

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.

The union's motion is in response to a ruling last week by a federal appeals court, which lifted an injunction that prevented Elliott from serving a six-game suspension over an alleged domestic-violence incident.

Florida-based sports law attorney Daniel Wallach said the TRO would be unnecessary if the Fifth Circuit Court recalls the mandate with specific wording to reinstate the injunction.

The Cowboys had a bye last week. Prosecutors in Columbus, Ohio, decided not to pursue the case in the city where Elliott starred for Ohio State, citing conflicting evidence, but the National Football League did its own investigation and announced the six-game punishment.

Elliott, who was suspended six games on August 11, played the first five games of the 2017 season because of an injunction granted last month in a Texas court.

The case is shifting to NY because the 5th U.S. Circuit Court of Appeals in New Orleans ordered the dismissal of Elliott's lawsuit in Texas.

NFLPA lawyers contended that league investigators withheld key evidence from Goodell and said the hearing was unfair because arbitrator Harold Henderson refused to call Goodell and Thompson as witnesses.

But the court also could recall the mandate and hear the case without reinstating the injunction, or decline to rehear the case.

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

The appeals court ordered the Texas court to dismiss Elliott's case. Elliott's attorneys have indicated they are still pursuing the case with the New Orleans court.

Elliott will not be allowed to practice or play and can not have contact with any of the team's coaches while the suspension remains in place.

The ban was upheld by arbitrator Harold Henderson on September 6, but Elliott received a restraining order two days later allowing him to continue to play.



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