U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Ezekiel Elliot Catches Break in Second Appeal

Even the best running backs need to rely on their entire offensive line to break through and find the holes. But, for the Dallas Cowboy's Ezekiel Elliott, he's relying on his lawyers just to keep him on the field. Just this morning an emergency injunction was issued clearing him to play this Sunday.

The Elliot case has been garnering national attention as there is quite a bit of controversy from nearly any angle you want to approach it. While the media has been closely following the drama surrounding the criminal investigation, and the NFL's investigation, into the domestic violence allegations against him, the case actually presents some fascinating factual and legal issues.

Fast Back, Fast Case

Just on the administration of justice front, Elliot's case appears to be moving through the federal courts at lightning speed. From the initial suspension handed down in mid August, the case has now been through arbitration, two different federal courts, and has even gone up to two different federal circuit courts of appeal. Most recently, the Second Circuit Court of Appeals issued an emergency order essentially granting Elliot a temporary stay of his suspension pending the resolution of the Second Circuit appeal.

While the recently issued stay will let Elliot play in the upcoming game, it does not extend any further, and will require a further emergency order, or other order, from the court to keep it in place. However, if the appeal keeps this breakneck pace up, thanks to the granting of the motion for an expedited appeal, it may work out that no extension will be necessary.

Exercising the Option

While Elliot may not be known for exercising the option on the field, he is certainly letting his lawyers explore all the legal options in fighting the six game suspension. Curiously, from a business decision standpoint, one has to wonder whether putting up this sort of fight is a good move for Elliot. This sort of publicity over a legal case rooted in a domestic violence incident (which might just be unwinnable) and one that seems to be getting special attention from the courts could result in the type negative PR that has more of a lasting effect than missing a few games.

Related Resources: