DALLAS - The 5th Circuit Court of Appeals will hold an oral hearing regarding the Ezekiel Elliott’s case against the NFL on October 2, according to court documents.
The NFL had requested an emergency stay of an injunction that blocked Elliott’s six-game suspension stemming from domestic violence allegations made against him in 2016. The injunction was granted on Sept. 8 by a U.S. District Judge in Sherman, Texas.
Just in: The 5th Circuit Court will hold an oral hearing regarding Ezekiel Elliott's case on October 2nd— Mike Leslie (@MikeLeslieWFAA) September 22, 2017
That means Week 3 & 4 he will play
Ten days later, the NFL’s request to reinstate the suspension was denied in the same court. Before that ruling, though, the NFL had already moved on to the U.S. 5th Circuit Court of Appeals in New Orleans with the same request.
In his ruling, Judge Amos Mazzant criticized the NFL for not waiting for his decision after using the argument of premature filings against the NFL Players Association in Elliott's request for the injunction.
The 5th Circuit Court wants clarity on whether Mazzant had subject matter jurisdiction when he granted the injunction, according to documents. The NFL Players Association has until 5 p.m. Wednesday to respond.
Gabe Feldman, director of the Tulane Sports Law Program, wrote on Twitter that the appeals court could've denied the stay without a hearing.
Don't want to read too much into this, but 5th Circuit could have denied the stay (and typically does) without a hearing. https://t.co/1H9WgNupDL— Gabe Feldman (@SportsLawGuy) September 22, 2017
Friday’s news of an Oct. 2 hearing means Elliott will play in weeks 3 and 4.
If the NFL is granted a stay of the injunction, the league reserves the right to suspend Elliott immediately.
Earlier Friday, Elliott was given 180 days of deferred adjudication probation after his attorney entered a guilty plea in an April 4 traffic citation. He was stopped for going 100 mph on the Dallas North Tollway.
Contributing: Mike Leslie, WFAA and The Associated Press
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