The NFL Player’s Association has taken the Ezekiel Elliott legal battle to yet another court.
On Tuesday, the NFLPA announced its intent to file an emergency motion seeking an injunction from a 2nd Circuit court. It was filed by 1 p.m. the next day.
A notice filed in the Southern District of New York, which denied Elliott’s request for an injunction Monday and thus reinstated his six-game suspension, asked for a “more limited injunction” pending the 2nd Circuit court’s review of the appeal.
Judge Katherine Polk Failla swiftly denied that motion, leaving the NFLPA to go the 2nd Circuit route.
The 2nd Circuit court ruled in favor of the NFL in the infamous Tom Brady "deflategate" case last year, which Failla cited as precedent in her ruling Monday.
Tuesday's filing notes that every judge besides Judge Failla has deemed serving the suspension to be a casue of "irreparable harm." Failla called the NFLPA's claims of irreparable harm "either speculative or deserving of a monetary award rather than an injunction."
The NFLPA asked SDNY to rule by 7 p.m. Wednesday, “at which point [the NFLPA] will have no choice but to seek relief from the Second Circuit, as the NFL did in the Fifth Circuit when faced with similar circumstances.”
When Elliott was granted an injunction in a Texas court last month, the league took the legal fight to the 5th Circuit court in New Orleans, which ruled in the NFL’s favor on Oct. 12.
Elliott has played all seven games for the Cowboys this season as his case moves through the courts, but is once again set to serve his six-game suspension after Judge Failla denied his injunction Monday.
His camp was expected to file the emergency motion in the 2nd Circuit court. But, after consecutive losses in New Orleans and New York, he appears to be running out of options. The Cowboys were no longer listing Elliott as a running back on the active roster at Wednesday's practice.
Alfred Morris is expected to get the majority of work should Elliott serve his suspension this season. Darren McFadden, who has not been active for any game this season, would also factor into the backfield equation.