The lengthy court battle between the NFL and Cowboys running back Ezekiel Elliott turned in favor of the league Thursday, as the Fifth Circuit U.S. Court of Appeals in in New Orleans vacated Elliott's preliminary injunction, all but restoring his six-game suspension after the Cowboys' current bye week. That issue and a slew of others will now likely be heard by the U.S. District Court for the Southern District of NY, the venue in which the league has filed suit to confirm Elliott's suspension. They could seek an en banc hearing with the 5th Circuit or refile the case in Texas, according to Feldman.
Elliott's lawyers point to appeals hearing testimony from Roberts that notes her lack of support for a suspension because she questioned Thompson's credibility. "As there was no final decision, Elliott had not yet exhausted the contracted-for remedies".
The NFL filed in the NY court because it is the home of league headquarters and was the site of Elliott's appeal hearing with Henderson.
The NFL appeal was part of an attempt by the NFL to enforce Elliott's suspension this season and confirm NFL Commissioner Roger Goodell's authority to issue punishment based on "conduct detrimental" to the league as mandated in Article 46 of the collective bargaining agreement.
A federal judge in Texas issued an injunction that blocked the suspension last month.
Instead, he could begin serving his six-game suspension stemming from domestic violence allegations his ex-girlfriend made against him in 2016. Goodell said the league felt he had committed at least three domestic violence incidents against Thompson after its investigation.
Elliott's side will now have to refile an injunction in the NFL's back yard, the Southern District of NY, if they are to continue to fight the suspension stemming from a domestic violence allegation.
Elliott, 22, was never charged and has denied wrongdoing.
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