This whole thing has been such a circus, and a perfect example of what a sham the entire judicial system is.
Anyway, had he sat out the first six games of the season he would have been “free” to play the rest of the year moving forward. But with all this drama, his season, and that of the Dallas Cowboys, is now ruined.
For the record, the fact that he got a female judge meant he was f*cked no matter what. TGO
NEW YORK — Judge Katherine Polk Failla dissolved the temporary restraining order for Ezekiel Elliott and denied him an injunction Monday night, meaning that the Dallas Cowboys running back’s six-game suspension over domestic violence allegations is set to go into effect.
The decision is stayed for 24 hours to allow for the option to appeal.
Elliott, is now slated to miss games against the Kansas City Chiefs, Atlanta Falcons, Philadelphia Eagles, Los Angeles Chargers, Washington Redskins and New York Giants. He is eligible to return Dec. 17 against the Oakland Raiders.
Failla presided over a status hearing Monday evening that spanned two hours. Forty-six people attended the hearing, which was held in a courtroom on the sixth floor of the U.S. District Court for the Southern District of New York in Lower Manhattan.
“While reasonable minds could differ on the evidentiary decisions made by the arbitrator, the proceedings in their totality accorded with the (collective bargaining agreement) and the (personal conduct policy) — and, to the extent such an inquiry applies, with precepts of fundamental fairness,” Failla wrote in her decision.
“The arbitrator gave Mr. Elliott ample opportunity, in terms of both proceedings and evidence, to challenge the Commissioner’s decision before the arbitrator; the arbitrator’s ultimate decision against Mr. Elliott does not render these proceedings any less fair. Accordingly, the Court dissolves the temporary restraining order that has been in place since October 17, 2017, and denies the NFLPA’s motion.”
The NFL Players Association, which has been representing Elliott, can elevate the case to the 2nd Circuit Court of Appeals. But if the NFLPA goes that route, former assistant U.S. Attorney David Weinstein told USA TODAY Sports that Elliott likely won’t find much success.
“Elliott’s appellate chances are slim and so are his odds of getting a stay from Failla or the 2nd Court,” Weinstein, a partner at Hinshaw & Culbertson, said in an email.
Messages left by USA TODAY Sports with the NFL, NFLPA and Elliott’s agent were not immediately returned Monday night.
Elliott was in attendance after rushing for 150 yards in a 33-19 victory over the Washington Redskins on Sunday. He made the trip up from the D.C. area and arrived to New York around one in the morning. He did, however, seem to be fending off fatigue. At various points, Elliott closed his eyes and appeared very close to dozing off.
Failla commanded the courtroom and set the tone from the start.
“I can appreciate the passion with which you have made your arguments, but there’s certain rhetoric in your briefs that is not helpful to me,” Failla said before hearing opening oral arguments. “If you can excuse the Spinal Tap reference, if you could turn it down from an 11, that would be appreciated.”
Though Failla opened by asking both parties to not read into her line of questioning, she peppered NFL Players Association lead counsel Jeffrey Kessler with more questions than she did for NFL lead counsel Paul Clement. Failla often interrupted Kessler when he veered off topic.
Failla’s main concern with the union’s case was its characterization as a conspiracy.
“Them’s fighting words,” Failla told Kessler. “What I don’t understand is who are the conspirators and where is this conspiracy?”
Failla described Kia Roberts, the NFL’s director of investigations, as a “key witness.” While Roberts did testify in front of the NFL arbitrator that she had issues with the accusers and recommended against suspending Elliott, the NFLPA has contended Goodell wasn’t fully briefed on her concerns — something the NFL has repeatedly denied.
Kessler said the perceived flaws in the league investigation, including Roberts not meeting with Goodell and the four experts, created a “perfect storm of fundamental unfairness.”
At various points, Failla stopped Kessler and almost seemed to become annoyed at his occasionally long-winded arguments, many of which had already been outlined in previous briefs.
“Sir, I can read,” Failla interrupted at one point. “I don’t need you to reiterate arguments you have already made in your briefs. I do want to hear from Mr. Clement.”
Clement said while Goodell had all the facts for his decision, Roberts’ “recommendation on discipline is not required for the Commissioner” to issue suspension.
“It’s in the personal conduct policy and he can seek it if he wishes,” Clement said. “He wanted to make his own decision on discipline.”
Kessler again argued Elliott would face irreparable harm by an unjust suspension.
The NFLPA has argued for weeks the the ban was unjustified because the NFL’s disciplinary process lacked fundamental fairness, including Elliott’s inability to question the accuser or NFL commissioner Roger Goodell, and alleged contradictory evidence that was not considered.
The NFL cited existing labor law and its ultimate victory in the suspension of New England Patriots quarterback Tom Brady in the Deflategate case, which stemmed from under-inflated footballs in the 2014 AFC title game.
That case, decided in the same district court where Elliott’s case currently sits, was appealed to the 2nd Circuit Court of Appeals, where an appeals panel ruled that Goodell has broad authority to suspend players under the league’s personal conduct policy included in the league’s current collective bargaining agreement.
Elliott was suspended in August after a year-long investigation by the NFL, a suspension that was upheld by a league arbitrator. Elliott secured his first injunction from a federal court in Texas in September, which was eventually vacated by an appeals court.
Elliott hasn’t missed any playing time for the Cowboys (4-3).
The six-game ban is the baseline punishment for domestic violence under the league’s personal conduct policy, which was updated after former Baltimore Ravens running back Ray Rice’s domestic violence case.
Lorenzo Reyes reported from New York.
