Zeke's legal battle wages on: Emergency hearing scheduled Tuesday

The 5th Circuit Court of Appeals in New Orleans has ruled in favor of the NFL, clearing the way for Ezekiel Elliott's six-game suspension to take effect immediately.

DALLAS - The NFL Players Association has filed for another injunction that would keep Ezekiel Elliott on the field, this time in a New York court, where the NFL wanted the case heard initially.

A person with direct knowledge of the situation says attorneys for Dallas Cowboys star Ezekiel Elliott are set for an emergency hearing in federal court in New York as they try again to stop the running back's six-game suspension over domestic violence allegations.

Elliott's legal team filed a request for a temporary restraining order Monday and will get a hearing Tuesday afternoon in the Southern District of New York, the person told The Associated Press on condition of anonymity because the filing hadn't been made public.

In a 38-page filing Monday, the NFLPA cited a disciplinary process "that has denied the Union and Elliott of fundamental fairness" and mentioned the "forthcoming" motion for a temporary restraining order and preliminary injunction.

Elliott, who was suspended six games on Aug. 11, played the first five games of the 2017 season because of an injunction granted last month in a Texas court.

Last week, though, a three-judge panel in the 5th Circuit Court of Appeals in New Orleans vacated that injunction and restored the suspension.

The appeals court said Elliott’s camp prematurely filed its request for an injunction in the Eastern District of Texas. The motion was filed before NFL arbitrator Harold Henderson made a ruling on the initial appeal of the six-game ban.

The possibility, although slim, still exists that the 5th Circuit Court could hold a full-court, or “en banc,” rehearing of the case after the NFLPA requested such a hearing Friday.

Monday morning, the NFL responded to that request, saying the NFLPA hadn’t demonstrated “extraordinary circumstances” necessary for an en banc rehearing.

As things stood early Monday, Elliott's suspension was effective and he was not allowed at team facilities. That could change and he could continue to play if the 5th Circuit Court re-hears the case or if the court in the Southern District of New York grants him another injunction to block the suspension.

The six-game suspension stems from domestic violence allegations made against Elliott in Ohio in July of 2016, the week of Elliott’s 21st birthday.

© 2017 WFAA-TV


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