The 5th Circuit Court of Appeals lifted an injunction and ruled against Cowboys running back Ezekiel Elliott on Thursday per national NFL insider Ian Rapoport, moving to reinstate his six-game suspension because of domestic violence allegations. The procedures provided for in the collective bargaining agreement between the National Football League and NFLPA were not exhausted.
The vacating of the preliminary injunction seems to be a big win for the league in the case against Elliott, making Zeke that much closer to having to serve that six-game suspension.
As a result, Elliott's suspension will begin effective immediately. Elliott serving his suspension is now more likely than it was a week ago, but it's still no sure thing. "The "fundamental fairness' issue and the irreparable haven't diminished with time". They said that there was conflicting evidence.
Elliott's suspension could remain on hold if he seeks a rehearing, known as an en banc petition, Weinstein said. In its ruling, the 5th Circuit agreed with league attorneys who argued that Elliott prematurely sued the league September 1. "He could end up getting suspended for the last few weeks of the regular season and depending on the Cowboys record, the playoffs". That would allow Elliott to keep playing for the Cowboys, who are on a bye this week. "Elliott is eligible to return to the team on Friday, November 24 following the Cowboys' Thursday, November 23 game against the Los Angeles Chargers".
The dissenting opinion came from Judge James Graves: "I conclude that the district court properly exercised subject matter jurisdiction". Prosecutors in Columbus, Ohio, did not charge Elliott, while the National Football League said it found "substantial and persuasive evidence" of incidents between Elliott and his ex-girlfriend, Tiffany Thompson, the Associated Press reported.