Oral arguments for Ezekiel Elliott's hearing in his legal case against the NFL regarding his six-game suspension took place Monday at the 5th Circuit U.S. Court of Appeals in New Orleans.
Elliott himself did not attend the hearing, but NFLPA lawyer Jeffrey Kessler made arguments on his behalf against the NFL's attorney, Pratik Shah, in front of a three-judge panel. The NFL was seeking an emergency stay of a lower court ruling that allows Elliott to play while the appeal of his six-game suspension is adjudicated in the courts.
The hearing ended without a ruling, and it's not clear just yet when a ruling will come. Judge Edward C. Prado did say it would come as soon as possible, according to Kate Hairopolous of the Dallas Morning News.
Oral arguments have concluded. No decision issued today.
— Kate Hairopoulos (@khairopoulos) October 2, 2017
Judge Edward C Prado said a decision would be made as soon as possible. NFL filing a response brief by tomorrow.
— Kate Hairopoulos (@khairopoulos) October 2, 2017
During the hearing, judges directed questions to attorneys for both sides, per Hairopolous and NFL.com's Tom Pelissero.
Key question from panel to Zeke/NFLPA side: Has any court accepted argument a lawsuit can be filed before arbitrator issues decision?
— Tom Pelissero (@TomPelissero) October 2, 2017
Key question from panel to NFL side: If not enforcing suspension immediately creates irreparable, why'd they let him play Week 1?
— Tom Pelissero (@TomPelissero) October 2, 2017
Elrod asked NFL lawyer Pratik Shah how do you satisfy irreparable harm? Judge Prado noted Zeke can't get games back if serves 6 games now.
— Kate Hairopoulos (@khairopoulos) October 2, 2017
Judge James Graves: it matters what information was given to the Commissioner, doesn't it?
— Kate Hairopoulos (@khairopoulos) October 2, 2017
The judges questioned if it's normal for NFL process not to include investigators' recommendations
— Kate Hairopoulos (@khairopoulos) October 2, 2017
Judge Elrod in particular pushed the NFLPA on the issue of jurisdiction. She questioned why the NFLPA filed suit in Texas prior to the conclusion of Elliott's underlying appeal to arbitrator Harold Henderson, as well as why they needed to file the suit in Texas rather than New York. (Kessler told the judges that if a bulldozer is coming toward you, "You don't have to wait to be run over" before doing something about it.)
Judge Graves, meanwhile, questioned the NFL on whether exhaustion was needed before filing the suit, while the league was also pushed on the issue of irreparable harm, with judges noting that it may have undermined its own argument in that case with its actions prior to Week 1.
It's unknown at this point if there will be a ruling by Tuesday. The last time that was the case (prior to Week 1), the NFL made an agreement to let Elliott play in the following week's game regardless of any decision that came later in the week. Per Pelissero, there has been no decision made on how to proceed in a similar situation this time around.
If no court ruling by tomorrow, does NFL let Ezekiel Elliott play Sunday regardless, like Week 1? No decisions until that decision, I'm told
— Tom Pelissero (@TomPelissero) October 2, 2017
The Cowboys square off against the Green Bay Packers this coming Sunday and then take their bye, so there may be an opportunity for the NFL to allow Elliott to play regardless and then get more clarity on the situation during the team's week off.
You can listen to oral arguments below.
