The Court’s order today is here.
17 Civ. 06761
For Appeal Argument Tomorrow, Ezekiel Elliott and NFL Dispute Whether Missing Games is “Irreparable Harm”
At 2:00 p.m. tomorrow, the Second Circuit will hear arguments on a motion from the NFL Players Association (NFLPA) to stay pending appeal Cowboys running back Ezekiel Elliott’s six-game suspension arising from a domestic violence incident. Judge Failla refused to preliminarily enjoin the suspension, but the Second Circuit granted an administrative stay so it could consider whether to issue a stay pending appeal.
The NFLPA’s brief argues that the case “presents the starkest possible case for irreparable harm”:…
Continue Reading For Appeal Argument Tomorrow, Ezekiel Elliott and NFL Dispute Whether Missing Games is “Irreparable Harm”
Judge Failla Refuses to Preliminarily Enjoin Ezekiel Elliott Suspension
In an opinion this evening, Judge Failla denied a motion from the NFL Players Association (“NFLPLA”), on behalf of Cowboys running back Ezekiel Elliott, to preliminarily enjoin his six-game suspension arising from a domestic violence incident.
Judge Failla ruled that the NFLPA was unlikely to ultimately prove that the arbitral proceedings leading to the suspension were so unfair as to void the outcome. She further found the NFLPA could not show sufficient “irreparable harm” to warrant injunctive relief, because the harm to Elliott was speculative:…
Continue Reading Judge Failla Refuses to Preliminarily Enjoin Ezekiel Elliott Suspension
Judge Crotty Grants TRO Halting Suspension of Cowboys Running Back Ezekiel Elliott
In a short Order this evening, Judge Crotty (sitting in Part I for Judge Failla), granted the NFL Players Association a TRO to place on hold the six-game suspension of Cowboys running back Ezekiel Elliott.
The ruling explains that, absent a TRO, “Mr. Elliott would suffer irreparable harm because he stands to miss more than…