SaintsInDome2006
Footballguy
>>But the 5th Circuit pulled the rug out from under Elliott on Thursday by vacating the injunction and ordering Mazzant to dismiss the entire case.<<Bayhawks said:The SDNY already has jurisdiction; the NFL already filed to have the courts uphold their ruling as soon as they made it. That case is now the issue. The NFLPA can file an appeal of the decision in SDNY (and they will), but as of right now, Zeke is suspended. His TRO delaying the suspension has been voided & the NFL-imposed suspension should take effect immediately. Until the case is resolved or he gets a stay/TRO, he is suspended. If he gets a stay/TRO from SDNY, I don't see any way this case is resolved before the end of the season. (But this case has twisted and turn in so many ways I didn't expect, that wouldn't surprise me, I guess)
Obviously, that doesn't impact week 6, b/c Dallas is on bye, but as of week 7, Zeke's 6 game suspension will begin for real, or he will be allowed to play under a TRO, likely for the remainder of the season. Either DMC/Alf will have real value in week 7, or they will be all but worthless, save as handcuffs.
Just to be clear what I was saying is that there are boring procedural details that will take a little time. So here, all the 5th did was *vacate*. Procedurally the case still has to go to Mazzant who will actually dismiss it.
Two courts don't generally act on the same issue. Usually one court defers to the other.
>>Judge Katherine Polk Failla has already been dealing with parts of the case in the Southern District of New York. The NFL filed a suit to affirm its arbitration award there in early September, despite the fact Elliott's suit was already filed in Texas. It's likely now to become the most relevant forum for the legal showdown.
The NFL already filed a letter Thursday with Failla to inform her of the 5th Circuit decision, which means "there is no longer any basis for the court to defer further action in this proceeding."
Assuming Elliott and his team continue fighting -- his representatives are considering their options, according a statement -- the likely next move is to file for a preliminary injunction in New York, a sort of replay of what already happened in Mazzant's court in Sherman, Texas. Elliott needs the injunction to remain on the field. It's possible that oral arguments will be heard on the matter before the Cowboysplay the 49ers.
...However, there's a reason Elliott and the NFLPA risked the jurisdiction issue by filing in Texas: They didn't like their chances in New York. The NFL has a favorable history at home, including ultimately winning on appeal against New England quarterback Tom Brady in "Deflategate."<<
Link.
- So there will likely be a hearing by next week and the whole thing could end quickly if EE loses there. He may just give up rather than risk missing a playoff run. Otoh the judge could rule for him, but he still has the circuit court to deal with, so again he would just be prolonging things and hurting his team. Again remember why he went to the TX D.C. in the first place.
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