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.
The U.S. District Court in the Eastern District of Texas ruled in September that the NFL did not give Elliott a fair hearing for his suspension even before arbitrator Harold Henderson's final ruling, thus granting him a preliminary injuction and allowing him to play.
SIGN UP to watch every NFL game this season on DAZN
The Court of Appeals ruled against the injuction Thursday, overruling the district court's decision. The 5th Circuit's decision says that Elliott and the NFLPA filed their lawsuit prematurely, going against the league's collective bargaining agreement.
Court: "The NFLPA's lawsuit on Elliott's behalf was premature." The procedures provided for in the CBA were not exhausted. pic.twitter.com/0YdWJ80ZRO
— Liz Mullen (@SBJLizMullen) October 12, 2017
Elliott's side will now have to refile an injunction in the NFL's back yard, the Southern District of New York, if they are to continue to fight the suspension stemming from a domestic violence allegation.
Bottom line: NFL won this round as 5th Circuit vacated Ezekiel Elliott's preliminary injunction & Eastern District of Texas has to dismiss case. So, his 6-game suspension is back on and could start after bye. Zeke's side will now have to refile and process starts over in New York
— Brandon George (@DMN_George) October 12, 2017
The Cowboys are currently on a bye week, and Elliott is scheduled to miss games against the 49ers, Redskins, Chiefs, Falcons, Eagles and Chargers. He would then return to face the Redskins on Nov. 30.
With Elliott likely out, running back Alfred Morris will be inserted into the starting lineup with Darren McFadden spelling him. The loss of Elliott comes as a blow to the Cowboys (2-3), but the experienced offensive line should give Morris plenty of running room.
For the Cowboys, Elliott's reinforced ban is another piece of drama surrounding the team as it deals with anthem demonstrations while trying to live up to its lofty goals after winning the NFC East last season. Dallas likely would have beaten the Giants and Cardinals without Elliott this season, should he have accepted the suspension from the beginning, which in hindsight, looks like the better decision.