Latest On Ezekiel Elliott Appeal
In the middle rounds of what’s been a lengthy fight, the NFLPA and NFL have fired additional salvos this week after Ezekiel Elliott‘s suspension was restored on Monday.
The NFLPA’s requested an emergency motion for an injunction with the U.S. Court of Appeals for the Second Circuit in hopes of expediting this process so Elliott can play either this week or shortly thereafter, legal analyst Daniel Wallach reports (Twitter links). But the NFL has fired off a counter effort in hopes of squashing this.
The league filed a motion arguing against the emergency injunction, Josh Alper of Pro Football Talk reports. The NFLPA’s 14-page argument for the injunction, which would allow Elliott to play while the case continues, is Southern District judge Katherine Polk Failla ignored “numerous cases” of courts allowing athletes to play while their post-suspension appellate efforts proceed, Mike Florio of PFT reports. Florio adds Failla’s husband is a partner at the firm that helped craft the CBA’s labor agreement, one that gives Roger Goodell full autonomy to levy discipline, but the NFLPA’s motion did not mention this.
Conversely, the NFL is arguing Failla’s ruling denying Elliott the preliminary injunction he sought wasn’t “a close call.” Should nothing come down on the Elliott front by Saturday, he will not play against the Chiefs this week. He stands a good chance of missing that game. As of now, Elliott is suspended through Week 14.
The NFLPA is arguing by Elliott missing games, he will suffer irreparable harm by this suspension beginning without the 22-year-old’s full due process being afforded to him. Because once the suspension includes games missed, Elliott’s effort only becomes about recouping game checks and restoring his reputation.
Multiple courts have denied this assertion in the past month, so this is looking like a last-ditch effort for the running back to see the field before mid-December.
Cowboys RB Ezekiel Elliott Files Appeal
Judge Katherine Failla — the same judge who on Monday dissolved Ezekiel Elliott‘s restraining order against the NFL — has denied the Cowboys running back’s request for a stay, which would have allowed him to stay on the field while his case is sorted out, according to Kate Hairopoulos of the Dallas Morning News (Twitter link).
The decision was entirely expected, and Failla indicated as such in her ruling: “For the Court to grant the NFLPA’s motion for a stay at this stage would in effect be to reverse its decision of last night,” wrote Failla, per legal analyst Daniel Wallach (Twitter link). Elliot’s motion requested an answer from Failla by 7pm Eastern, and noted he and his team would “have no choice but to seek relief from the Second Circuit,” and that’s exactly what they’ve done.
Elliott’s appeal is already on the second circuit’s docket, tweets Hairopoulos, and he’s requested an “expedited” process, per Wallach (Twitter link). Essentially, Elliott wants his appeal paused for a third time while the case plays out, reports Tom Pelissero of NFL.com (Twitter link).
Still, there’s little to no chance that Elliott will be available in Week 9, meaning the Cowboys will turn to a combination of Alfred Morris, Darren McFadden, and Rod Smith in the backfield. Dallas was reportedly considering running back additions prior to today’s trade deadline.
Cowboys Looking To Trade For RB?
Ezekiel Elliott‘s latest court date did not go the way the Cowboys wanted, and as of now, the standout running back is suspended for Week 9. The Cowboys have two of the most experienced backups in the game in Alfred Morris and Darren McFadden, but they appear to be interested in augmenting their situation further.
Dallas is talking about trades for a running back, Ian Rapoport of NFL.com reports (on Twitter). While Rapoport doesn’t envision the Cowboys going through with a deal, he wonders aloud if the team would be interested in making a trade to bring DeMarco Murray back.
The Cowboys are obviously not averse to splashy transactions, and Murray’s proven he can thrive in Texas, but this would cost the team additional capital to add to a position that already has two seasoned backs in the waiting in case Elliott is suspended through Week 14. Murray, however, has proven to be an upgrade on Morris or McFadden.
McFadden, though, hasn’t been active all season despite re-signing with the Cowboys in March. Elliott’s dominance the past two weeks has helped key a turnaround for the Cowboys, who are now 4-3 and in the thick of the NFC playoff race.
Ezekiel Elliott’s Suspension Restored
A judge has dissolved Cowboys running back Ezekiel Elliott‘s temporary restraining order, meaning his six-game suspension is now in effect once again, tweets Kate Hairopoulos of the Dallas Morning News.
Elliott was granted a temporary injunction earlier this month which allowed him to stave off suspension for two more weeks. But a judge tonight indicated that Elliott had “ample opportunity” to challenge the NFL’s ban during arbitration, and also said “the proceedings in their totality accorded with the CBA and the personal conduct policy,” per Hairopoulos (Twitter links). In essence, the court decided Elliott had already exhausted his potential remedies.
An appeal to the U.S. Court of Appeals for the Second Circuit would be Elliott’s next step, according to Mike Florio of Pro Football Talk, but a decision from that bench wouldn’t be expected in short order. As such, Elliott will be banned while waiting for an answer from that court (were he to send his case in that direction). However, Elliott has 24 hours to file an appeal with the Second Circuit, and his legal team will argue that his suspension should be remain lifted until the appeal is heard, tweets Adam Schefter of ESPN.com.
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 earlier this month, issuing an affidavit stating the club would suffer irreparable harm if the New York didn’t issue Zeke a temporary injunction.
If Elliot is forced to serve his suspension immediately, he’ll miss games against the Chiefs, Falcons, Eagles, Chargers, Redskins, and Giants before returning to face the Raiders in mid-December. The Cowboys will use some combination of Alfred Morris, Darren McFadden, and Rod Smith for the next six weeks as they attempt to maintain their tenuous grasp on postseason contention.
Ezekiel Elliott To Attend Hearing
- Ezekiel Elliott did not travel with the Cowboys back to Dallas on Sunday night, instead trekking to New York for his seminal court date, Clarence Hill of the Fort Worth Star-Telegram reports (on Twitter). Elliott did not attend his previous hearing with New York’s Fifth Circuit Court in New Orleans earlier this month. The Cowboys star back rushed for more than 100 yards for a second straight week and has five touchdowns over the past two games but could see his suspension go into effect as early as next week if Monday goes poorly for his side.
Cowboys Not Looking To Deal Receiver
Tight end Eric Ebron is the biggest name being floated around by the Lions with the trade deadline looming, according to Kyle Meinke of MLive.com. General manager Bob Quinn has been aggressive since assuming the job nearly two years ago, and even pulled off a midseason deal in 2016 when he traded Kyle Van Noy to the Patriots, Meinke notes. A first-round pick out of North Carolina in 2014, the athletic tight end was expected by many to have a breakout campaign following a career year in 2016 but that has not been the case. Ebron has tallied more than two catches in a game just once this season but still possesses freakish physical traits that could lead a team to take a shot on the fourth-year pass catcher. Ebron is signed through 2018 and is due to earn $8.25MM next season.
Here’s more from the NFC:
- Jameis Winston reinjured his shoulder against the Bills in Week 7, Buccaneers head coach Dirk Koetter confirmed in an interview with SiriusXM NFL Radio (Twitter link). “[Jameis] was doing better, he played very well, especially in the second half against Buffalo,” Koetter said. “We did have that one sack-fumble in the first half, and he did kind of reinjure it, and so that’s what led to him not throwing on Wednesday or Thursday this week.” Despite missing two days of practice, Winston took all reps on Friday and will start vs. Carolina in Week 8.
- The Cowboys are not looking to move any of their receivers, team vice president Stephen Jones said in a radio interview with 105.3 The Fan (Twitter link). Jones added the team has not specifically been asked about Cole Beasley‘s availability in a trade. After posting a career-high 75 catches in 2016, Beasley has hauled in just 16 grabs in the team’s first six games this season. It also doesn’t bode well for the slot receiver’s future in Dallas that the team drafted Ryan Switzer, a near carbon copy of Beasley, in the 2017 NFL Draft. Beasley is signed through 2018 and is due to make $3.25MM next season.
- The Seahawks are paying Dion Jordan $7.2K and Malik McDowell $5K per week while the two are on the NFI list, tweets Joel Corry of CBS Sports. Though a team doesn’t have to pay a player on the NFI list since the injury occurred away from the field, Seattle was able to come to terms with the two defenders. Jordan returned to practice this week, so the team has three weeks to activate him to the 53-man roster or he will not be eligible to play again this season. McDowell is still out indefinitely.
Cowboys Paused On Lawrence Extension
The Cowboys decided not to pursue an extension for Demarcus Lawrence before this season, with the defensive end’s history of back trouble leading to hesitancy on this front, Brandon George of the Dallas Morning News notes. Dallas’ brass wanted to see if Lawrence could stay healthy and deliver on the intermittent promise he showed during his career, per George, who adds the franchise tag could be in play for Lawrence come March. That would cost the team more than $17MM, but with Lawrence’s 9.5 sacks second in the league (despite the Cowboys having already had their bye) and considering he had back surgeries the past two offseasons, it would seem reasonable the team would still want to opt for a temporary arrangement for the time being. George describes Lawrence as playing through severe back pain last season rather than opting for season-ending surgery, and he’s on the verge of becoming a high-end UFA if he can make it through this season healthy.
- Ezekiel Elliott will play for the Cowboys on Sunday, but the seminal event for the running back will come Monday afternoon when his team and the NFL face off in New York’s Southern District Court. The latest Elliott-vs.-NFL chapter is set for 4pm CT Monday, and Kate Hairopoulos of the Dallas Morning News expects it to determine the running back’s 2017 fate. Should Judge Katherine Polk Failla green-light an Elliott injunction, Hairopoulos expects him to play the rest of this season while the court battle plays out. If not, the reporter doesn’t see him skirting the six-game suspension.
Dan Bailey Expected To Miss At Least Four Games
- The Cowboys promoted tight end Blake Jarwin from the practice squad earlier this week. ESPN.com’s Todd Archer writes that part of the organization’s motivation for making the move had to do with the interest Jarwin was garnering from around the NFL, particularly from the Eagles.
- Dan Bailey may be out for a while. Cowboys Director of Player Personnel Stephen Jones told Clarence Hill Jr. of the Star-Telegram that the veteran kicker is expected to miss at least four games (Twitter link). The 29-year-old was perfect on field goal and extra point attempts this season.
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Cowboys Sign Kellen Moore To P-Squad
Kellen Moore‘s time in Dallas will continue despite the Cowboys releasing him on Thursday. The Cowboys are signing the sixth-year quarterback to their practice squad, Todd Archer of ESPN.com reports.
This represents the same path the 29-year-old passer took earlier this year when Dallas released him post-training camp. The Cowboys brought Moore back soon after his September release via their practice squad and promoted him to their active roster soon after.
It’s possible Moore could return to the Cowboys’ active roster soon enough, and this latest set of transactions shows the team values the left-handed signal-caller as an in-case-of-emergency option. The Cowboys run the risk of another team poaching the Boise State product, but Moore was free to sign with anyone on multiple occasions this year — including in March when the Cowboys retained him on a one-year deal — and he ended up staying in Texas.
The Cowboys cut Moore on Thursday in order to promote Blake Jarwin, thus preventing the Eagles from signing rookie tight end to their active roster.
Dak Prescott and rookie UDFA Cooper Rush, who received his first game action against the 49ers, are ahead of Moore on Dallas’ depth chart.
Cowboys Release Kellen Moore
Kellen Moore hasn’t played in a game since the 2015 season, but he’s been with the Cowboys during each regular-season week since — be it on IR or as a backup. However, the Cowboys notified him of his release on Thursday, Clarence Hill of the Fort Worth Star-Telegram reports (on Twitter).
The Cowboys cut Moore to make room for tight end Blake Jarwin from their practice squad, Hill reports. Moore was serving as a reserve in Dak Prescott-fronted signal-caller group, but Dallas cut the veteran previously and had prioritized undrafted rookie Cooper Rush.
Hill reports (via Twitter) the Cowboys promoted Rush because they worried another team was going to sign him off their practice squad. The Eagles were interested in poaching Jarwin, Todd Archer of ESPN.com reports.
Rush is now the only backup passer on Dallas’ roster. Rush played in one Cowboys game this season, Sunday against the 49ers, and threw two passes. Moore has not played since being one of the Tony Romo replacement options the team deployed in 2015.
The Cowboys cut Moore after the preseason but brought him back a few days later. He still has practice squad eligibility if the Cowboys choose to retain him as they did in September.
Jarwin joined the Cowboys in the same UDFA class Rush did, signing with the team in May out of Oklahoma State. He’s spent the season on Dallas’ practice squad. He caught 19 passes for 309 yards and two touchdowns last season with the Stillwater, Okla.-based Cowboys.