FRISCO, Texas >> Dallas Cowboys running back Ezekiel Elliott will play at least two more games under a temporary injunction, blocking a six-game suspension for violating the NFL’s personal conduct policy, before a federal appeals court hears his case.
The 5th U.S. Circuit Court of Appeals in New Orleans posted a notice Friday that it would hear oral arguments between the NFL and NFL Players Association Oct. 2 on the NFL’s motion for an emergency stay of the temporary injunction.
That means Elliott will play Monday against the Arizona Cardinals and at home Oct. 1 against the Los Angeles Rams.
The session is scheduled for noon Central time Oct. 2 in New Orleans.
The 5th Circuit Court essentially ignored a request from the NFL to have a ruling as early as Sept. 19 or no later than Sept. 26.
But the hearing is good news for the NFL as the court is seeking briefs from both sides by Wednesday on the issue of U.S. District Judge Amos Mazzant’s jurisdiction.
Mazzant granted Elliott’s request for an injunction that blocked the NFL’s suspension based on fundamental unfairness of the arbitration process and irreparable harm to Elliott.
Because Elliott filed his lawsuit before NFL arbitrator Harold Henderson announced his rule on Elliott’s appeal, there is a question of whether the Texas court had proper jurisdiction.
Per NFL sports attorney Daniel Wallach, the 5th circuit could issue a stay and order Mazzant to dismiss the case.
The case could then move to Southern District court in New York.
Whatever happens on Oct. 2, the Elliott fight with the NFL is far from over.
Elliott and the Cowboys are simply taking it one game at a time and focused solely on Monday’s game against the Cardinals where they hope to rebound from last Sunday’s 42-17 blowout loss to the Denver Broncos. Elliott rushed for a career-low 8 yards on nine carries.
“Yeah, we’re really just focused on today,” coach Jason Garrett said Friday. “We anticipate Zeke practicing today, we anticipate him playing in the ballgame. That’s really where our mindset and mentality is. We’re going to control what we can control until someone tells us otherwise.”