NFL: We Won’t Settle With Ezekiel Elliott
So much for a compromise. On Friday, NFL spokesman Joe Lockhart closed the door on a possible deal with Cowboys running back Ezekiel Elliott. 
“We’re not looking to make a deal, we’re very confident our arguments will prevail in court,” Lockhart said (Twitter link via Ian Rapoport of NFL.com).
A Wednesday report indicated that Elliott’s camp and the NFL have held informal settlement discussions at each stage of the legal process. However, if there were settlement talks taking place, they were not being done directly with Elliott or anyone especially close to him.
One source close to Elliott surmised to Clarence Hill of the Star-Telegram that such talks may have been taking place between commissioner Roger Goodell and Cowboys owner Jerry Jones. It’s not 100% clear if that’s the case, but, if those discussions did go down between Goodell and Jones, they were not fruitful.
For now, Elliott remains in limbo. Thanks to a temporary restraining order, he will be in action this Sunday against the Niners and the following Sunday against the Redskins.
Through five games, Elliott has 393 yards off of 105 carries. His 3.7 yards per carry average isn’t terrible, but it’s a far cry from his 5.1 yards per attempt as a rookie. San Francisco has allowed 112+ yards per contest, so there should be opportunities for him to crank things up at Levi’s Stadium.
Ezekiel Elliott Rumors: Thursday
Ezekiel Elliott‘s six-game ban was set to go into effect immediately…until it wasn’t. On Tuesday, the Cowboys running back was granted a temporary restraining order against the NFL, putting his suspension on hold for at least the next two games.
Then, on Wednesday night, it was reported that there have been settlement talks between Elliott’s camp and the NFL. After months of ugliness, could the two sides conceivably meet in the middle with a ban of, say, three games? Here’s the latest on that:
- Claims of settlement talks between the NFLPA/Elliott’s camp and the NFL are untrue, a person familiar with the situation tells Mike Jones of The Washington Post (on Twitter).
- Meanwhile, sources close to Elliott and the NFLPA tell Clarence Hill Jr. of the Star-Telegram (Twitter links) that they have no knowledge of settlement talks or interest in a compromise. Elliott, as we’ve heard before, is out to clear his name from accusations that he says are without merit. If there have been talks, then a source surmises that they have taken place between Cowboys owner Jerry Jones and Roger Goodell themselves.
- With all of that in mind, there is very little chance of a settlement taking place, multiple sources tell Mark Maske of The Washington Post (on Twitter).
NFL, Ezekiel Elliott Discussing Settlement
It’s not just fans that are growing weary of the back-and-forth between Ezekiel Elliott and the NFL. In the midst of a protracted legal battle, the two sides have discussed the possibility of a settlement, David Moore of the Dallas Morning News writes. 
Elliott is adamant about clearing his name and, of course, not serving the six-game ban handed to him by the league. The NFL, meanwhile, doesn’t want its disciplinary powers to be weakened. To save time, money, and energy, the answer could be to shake hands on an agreement that has the Cowboys running back serve a shorter suspension effective immediately.
The settlement talks have been going on for a while, with dialogue happening behind the scenes after each court ruling along the way, one source tells Moore. At previous stops, the league may have felt that it had the upper hand and shied away from a compromise. But, currently, things feel pretty neutral thanks to the temporary restraining order that Elliott has been granted.
For now, all we know is that the TRO should allow Elliott to suit up against the Niners this weekend and against the Redskins the following week. Beyond that, his status remains murky.
Ezekiel Elliott Granted TRO, Ban On Hold
Cowboys running back Ezekiel Elliott won’t serve his six-game suspension just yet, as a New York court has granted him a temporary restraining order against the NFL, according to Kate Hairopoulos of the Dallas Morning News (Twitter links).
Elliott should be available for Dallas’ next two games, but will need to plead his case to Judge Katherine Fallia when she returns from vacation around October 30. That means Elliott will likely be able to face the Redskins and 49ers over the course of the next two weeks. But the TRO could also be delaying the inevitable, as each week Elliott doesn’t accept his six-game ban is one more week he’ll have to serve later this season.
Essentially, Elliott has been given a two-week respite from the legal process after the Fifth Circuit Court of Appeals restored his suspension last week. Elliott and his team re-filed in Texas, but that case was dismissed for lack of jurisdiction, tweets Tom Pelissero of NFL.com. Today’s decision from a New York court was thought to be Elliott’s last remaining recourse.
Elliott, of course, was issued his suspension following allegations of domestic violence. The fourth overall selection in the 2016 draft, Elliott has accused the NFL of fomenting a conspiracy against him, and the dispute has gotten ugly from all angles. Elliott and his camp have cast doubt on the consistency of his accuser’s claims and suggested her motives were profit-based, while the NFL has accused Elliott of victim-shaming.
But the situation at hand has little to do with the original accusations against Elliott, and instead is focused on the NFL’s disciplinary process and whether the league followed its own procedures. Interestingly, the Cowboys organization jumped into the legal fray today, issuing an affidavit stating the club would suffer irreparable harm if the New York didn’t issue Zeke injunction today, per Amy Dash of CBS Sports (Twitter link).
If and when Elliott is actually suspended, the Cowboys should be able to cover — in at least some regard — for his loss with backups Alfred Morris and Darren McFadden. Neither back is the singularly dynamic talent that is Elliott, but each offers a vast amount of NFL experience.
Cowboys To Host LB NaVorro Bowman
The Cowboys will host free agent linebacker NaVorro Bowman following his visit with the Raiders, which will take place on Monday, according to Adam Schefter of ESPN.com (Twitter link). Meanwhile, the Saints have also emerged as a possible suitor for Bowman, per Mike Florio of Pro Football Talk (Twitter link).
Dallas recently witnessed linebacker Anthony Hitchens return from injury, but All Pro Sean Lee missed Week 5 with a hamstring issue and could potentially be sidelined going forward. Former second-round pick Jaylon Smith, meanwhile, has struggled in his first live action since suffering a devastating knee injury in his final collegiate game. The Cowboys rank just 29th in defensive DVOA and are dead last in rush defense DVOA, so adding a free agent of Bowman’s caliber should be able to improve those marks.
New Orleans’ defense isn’t much better than the Cowboys’, as the Saints ranks 30th against the run per DVOA. They’ve dealt with injuries at linebacker as well, as rookie Alex Anzalone was recently placed on injured reserve, while the team lost a bit of depth by trading Stephone Anthony to the Dolphins earlier this season. A.J. Klein and Craig Robertson are currently garnering most of the second level snaps for New Orleans.
Given the level of interest he’s generated, Bowman is expected to sign quickly — he hopes to have a new deal in place by Wednesday, reports Florio.
Jerry Jones' Comments Creating Tension In Cowboys' Locker Room
- Cowboys owner Jerry Jones has become a vocal member of the anti-protest contingent in the NFL, and according to Jason La Canfora of CBS Sports, that is creating anger and frustration in the team’s locker room. The anthem issue had not been a hot topic among the Cowboys before Jones’ public statements on the matter, but Jones has helped to make it one, which is not good for a team that already has plenty of on-field concerns.
- Despite a great deal of confusion on the matter, we learned earlier today that Cowboys RB Ezekiel Elliott will remain suspended unless and until he receives an en banc hearing from the Court of Appeals for the Fifth Circuit and the temporary restraining order that was previously issued is reinstated. The odds of that happening are pretty slim.
Latest On Ezekiel Elliott’s Suspension
SUNDAY, 9:19am: The Elliott saga continues to get more interesting. According to Clarence Hill, Jr. of the Star-Telegram (via Twitter) and Michael McCann, legal analyst for SI.com (via Twitter), Elliott will remain suspended unless and until he receives an en banc hearing and the temporary restraining order that was previously issued is reinstated. As indicated below, the odds of that happening are pretty slim.
As Mike Florio of Pro Football Talk writes, the Fifth Circuit will offer further clarity within the next several days. In other words, the Court will soon indicate whether it will recall its mandate dismissing the case pending its decision to grant an en banc hearing — meaning that Elliott could play until a decision on the en banc hearing is made — or if the case will remain dismissed pending the en banc decision (in which case Elliott would be suspended until the full Fifth District panel of 17 judges agrees to hear his case). As Hill and McCann indicate, it will be the latter.
SATURDAY, 6:12pm: The judge who granted Ezekiel Elliott the preliminary injunction that allowed him to play in the Cowboys’ first five games, Amos Mazzant, won’t lift the injunction until the Fifth Circuit court decides whether or not to grant him an en banc hearing, Mike Florio of Pro Football Talk reports (Twitter links).
This means Elliott remains eligible to play for the Cowboys until the Fifth Circuit determines whether the en banc hearing is justified. Elliott’s team requested this step, which means the case would be heard by all 17 of the Fifth District’s judges rather than a three-judge panel that ended up ruling in favor of the NFL, but it hasn’t been determined if the court will grant it.
Illustrating the back-and-forth nature of this fight, the NFL still considers Elliott suspended, the Dallas Morning News’ Kate Hairopoulos tweets.
The odds for the NFLPA and Elliott proceeding toward this rehearing seem long, with NFL Network legal analyst Gabe Feldman noting (via Twitter) only six of the 200 en banc petitions submitted last year ended up being granted. Tom Brady did not receive one during the Deflategate saga.
The NFLPA made this request on Friday and, according to ESPN.com, has 14 days to file this petition. During that time, Elliott would not be suspended. NFL.com’s Ian Rapoport reports (video link) Elliott’s team and the NFLPA chose the en banc option because they believe it provides the best chance to keep Elliott on the field.
This would seem to green-light the running back to play in the Cowboys’ Week 7 game against the 49ers, that date falling in the 14-day window. But the court denying Elliott the en banc hearing would reinstate the six-game suspension in what’s been an eventful battle between the sides contesting this fight.
The NFLPA argued the three-judge panel merely ruled Elliott filed his initial appeal with Mazzant too early, before Harold Henderson’s verdict upheld the NFL’s August ruling, and did not address the running back’s right to due process.
Booker/Cowboys Connection Dismissed
- On the subject of what-if trades, it appears a rumor emerged involving the Cowboys being linked to Broncos running back Devontae Booker is unfounded. Both the Denver Post’s Nicki Jhabvala and 9News’ Mike Klis shot down this talk (Twitter links), Jhabvala going as far as saying a deal involving the second-year back is “not even a remote possibility.” Although the Broncos have C.J. Anderson and Jamaal Charles healthy, both have extensive injury histories. Booker does as well but is controlled through 2019 on a rookie deal.
Ezekiel Elliott Rumors: Friday
On Thursday, the Fifth Circuit of Appeals ruled in favor of the NFL, putting Ezekiel Elliott‘s six-game suspension into effect starting with Dallas’ post-bye return in Week 7. At least, that’s how it seems right now. If we’ve learned anything from monitoring the Elliott saga, it’s that nothing is over until it’s over.
In the aftermath of the decision, Elliott’s attorney said the running back’s camp is “exploring all..legal options” with a decision on the matter to come in “a couple of days.” While it seems like Elliott will be out of action until the Nov. 30 game against the Redskins, it’s still possible that the judicial system could help erase his ban or at least kick the can down the road until 2018.
We’ll keep track of the latest on Elliott here with the latest news up top:
- The NFLPA will be filing a petition for rehearing with the Fifth Circuit in the Elliott case (via lawyer Daniel Wallach on Twitter). Because the NFL’s latest legal victory came with a 2-1 vote and not a unanimous one, the union’s legal team may feel that it has a real chance of swinging things back in the other direction.
- Cowboys owner Jerry Jones sounds like he’s going to continue his fight against Roger Goodell and the league office. “This was a setback yesterday,” he told 105.3 The Fan (Twitter link) “There’s still more to come.” He added that he does not feel the suspension was done in a “fair way,” (Twitter link). With the backing of the NFLPA plus the deep pockets of Jones, Elliott certainly has the resources to take his fight to the highest courts, provided that they will hear his case.
Fallout From Ezekiel Elliott Ruling
As expected after receiving a ruling in its favor Thursday, the NFL announced Ezekiel Elliott‘s suspension will commence immediately. Barring a further court ruling to swing the balance of power back into the Cowboys running back’s hands, his suspension won’t end until Friday, Nov. 24 — a day after the Cowboys’ Thanksgiving Day game against the Chargers. The Cowboys are in a bye week, but Elliott could not go to a team practice if Dallas was to have one this week, per Dan Graziano of ESPN.com. A possible refiling of this case in New York Federal Court or back in Texas could lead to Elliott being reinstated again. But he’s in real danger of missing next weekend’s game against the 49ers because now the running back’s camp and NFLPA are the ones on the wrong end of a waiting game — just as the NFL was leading up to this ruling. That could be dicey for the Cowboys’ hopes at deploying their top weapon in Week 7.
Here’s the latest from the ongoing Elliott saga.
- Elliott’s attorney, Frank Salzano, said (via Ian Rapoport of NFL.com, on Twitter) the Elliott team is “exploring all of our legal options.” A decision on this matter will come in “a couple of days.” The NFLPA’s current stance is with the appellate court’s Thursday ruling hinging on procedural matters, determining Elliott’s side acted improperly by filing an appeal of a Harold Henderson verdict that had yet to arrive, the lack of due process afforded to the 22-year-old player by the NFL wasn’t addressed (Twitter link).
- The three judges ruling on this case for the Fifth Circuit Court of Appeals ruled 2-1 against Elliott, and Mike Florio of Pro Football Talk notes this result likely flips if there were two judges appointed by a Democratic president rather than two appointed by a Republican leader. Democrat-appointed judges tend to side with labor, whereas Republican-installed judges generally side with employers. This puts Jerry Jones in an interesting position, having issued a mandate about national anthem protests that falls in line with a Republican president’s stance and now seeing his running back’s suspension reinstated because of a management-over-labor ruling — one Jones vigorously disputed when it was handed down.
- Rapoport notes (on Twitter) an en banc hearing in front of the Fifth Circuit — meaning the case would be heard by all of the court’s judges rather than a three-judge panel — would be an option for Elliott since it would keep the preliminary injunction alive and allow the Cowboys second-year runner a chance to keep playing through this ruling instead of waiting for his case to be heard by another court. It took 10 days for the Fifth District’s three-judge panel to issue a ruling for the NFL, which waited multiple weeks for that case to be heard. Going through another court would be trouble, since it would likely mean part of this suspension would be served in the meantime. However, Rapoport notes (video link) this and the refiling in New York or Texas options are long shots.
- Changes on Dallas’ offensive line have limited Elliott compared to his dominant start to his rookie campaign, Alex Marvez of The Sporting News writes. His per-carry average through five games is down to 3.7 yards compared to 5.0, and La’el Collins and Chaz Green have proven to be steps down from Doug Free and Ronald Leary, respectively.