Ezekiel Elliott will be away from the Cowboys on Tuesday in order to face off with the NFL at his appeal hearing. But it sounds like the running back’s side knows it’s up against a fight it might not win in this setting.
However, Elliott’s camp and the NFLPA are prepared to fight this further. If the second-year back’s suspension is upheld, Elliott’s defense team and the union are likely going to file a lawsuit against the NFL, Charles Robinson of Yahoo.com reports.
The parties battling the NFL in this latest case are looking to challenge the league in court on a procedural violation they believe occurred, Robinson reports. The exact violation these groups believe the NFL committed is not known, but Robinson reports they are related to the NFL’s arranging of this appeal.
Elliott’s defense team wanted Roger Goodell to select an arbiter other than Harold Henderson, a former league exec whom the union does not view as independent, and wanted to make the running back’s accuser available for cross examination. Henderson denied each of these requests while also dismissing Elliott’s camp’s push to make Tiffany Thompson’s notes and six interviews with investigators available during this process.
The union and the armada of attorneys representing Elliott — one that now includes longtime NFL legal adversary Jeffrey Kessler — believe they have enough working against them here to make the case a procedural violation occurred, Robinson notes. A procedural violation helped Tom Brady and the union sue the NFL in 2015, and it ended up delaying his four-game Deflategate ban until 2016. This would allow a federal court challenge and delay this process, and ultimately, the suspension while the matter is being sorted out.