A hearing took place in a Fifth Circuit courtroom at 1:00 PM October second to determine a number of vital issues that will determine his availability as the season progresses. The NFL asked the court for two things (1) a stay on Judge Mazzant’s injunction which has allowed Elliott to play thus far this season and (2) a decision dismissing the case on its merits. The hearing lasted about an hour and no decisions were rendered at the hearing, but Judge Prado closed by stating that the court would issue its decision “as soon as we can.” Here’s a Twitter wrap-up of what took place:
NFL lawyers & Ezekiel Elliott’s representatives cross paths before today’s Fifth Circuit Court of Appeals hearing in New Orleans. @NBCDFW pic.twitter.com/4Q7XSYO6LF
— Pat Doney (@PatDoneyNBC5) October 2, 2017
Pritak Shah is arguing for NFL at Ezekiel Elliott hearing today. Colleague of league counsel Dan Nash, who argued in district court. https://t.co/p30p6JRURd
— Tom Pelissero (@TomPelissero) October 2, 2017
Ezekiel Elliott is not attending today’s oral arguments in the 5th Circuit.
— Tom Pelissero (@TomPelissero) October 2, 2017
“Nothing outweighs jurisdiction.” says @WALLACHLEGAL of today’s issue of focus. @khairopoulos details several potential outcomes. https://t.co/KbfKLmrXsU
— Sheilla Dingus (@SheillaDingus) October 2, 2017
“Nothing outweighs jurisdiction.” says @WALLACHLEGAL of today’s issue of focus. @khairopoulos details several potential outcomes. https://t.co/KbfKLmrXsU
— Sheilla Dingus (@SheillaDingus) October 2, 2017
The 3-judge panel peppered both sides with a lot of questions, particularly Jennifer Walker Elrod.
— Kate Hairopoulos (@khairopoulos) October 2, 2017
Elrod asked NFL lawyer Pratik Shah how do you satisfy irreparable harm? Judge Prado noted Zeke can’t get games back if serves 6 games now.
— Kate Hairopoulos (@khairopoulos) October 2, 2017
Kessler said the NFL never went for an emergency stay in Brady case & he played all season. So where was irreparable harm done to CBA?
— Kate Hairopoulos (@khairopoulos) October 2, 2017
The judges questioned if it’s normal for NFL process not to include investigators’ recommendations
— Kate Hairopoulos (@khairopoulos) October 2, 2017
In court, Kessler said discovery would be to see if “credible evidence” standard met. Need to know what Commissioner knew about the evidence
— Tom Pelissero (@TomPelissero) October 2, 2017
NFL cited this being one of the first times the new policy has played out. Said it can’t say what typical procedure is. https://t.co/D9DCq7LJ4D
— Kate Hairopoulos (@khairopoulos) October 2, 2017
Key question from panel to Zeke/NFLPA side: Has any court accepted argument a lawsuit can be filed before arbitrator issues decision?
— Tom Pelissero (@TomPelissero) October 2, 2017
“When the tractor trailer is running at your house, you don’t have to wait to get run over.” – Kessler on the exhaustion arguments.
— Jon Lawson (@JonWLawson) October 2, 2017
Judge Graves asked NFL if Labor Management Relations Act requires “exhaustion” or arbitration to be issued. “So the answer is no?”
— Kate Hairopoulos (@khairopoulos) October 2, 2017
Judge Elrod zeroed in: Why did Elliott and NFLPA not file here After arbitration decision announced.
— Kate Hairopoulos (@khairopoulos) October 2, 2017
Judge Elrod asked about Elliott claim that needed to file in Texas: why is this futile if u can make arguments in New York?
— Kate Hairopoulos (@khairopoulos) October 2, 2017
Kessler introduced a new precedent at last minute and she gave him the what for for not giving it to NFL earlier.
— Kate Hairopoulos (@khairopoulos) October 2, 2017
“New” case law cited by Kessler at today’s hearing: Gorman v Verizon https://t.co/9FF2iPmhvk
(h/t @SheillaDingus) pic.twitter.com/It6Aq8Fxao
— Daniel Wallach (@WALLACHLEGAL) October 2, 2017
Major issue: Exhaustion. (Not my exhaustion)
Did NFLPA and Elliott exhaust all of their legal remedies under the Collective Bargaining Agreement before filing In Texas Federal Court— Donald Chick Foret (@chickforet) October 2, 2017
Last comment was made by Judge Edward C. Prado: “We will try to get back to you as soon as we can” , in addressing the Attorneys for both sides at the conclusion of oral arguments.
— Donald Chick Foret (@chickforet) October 2, 2017
Elrod backs NFL. Graves is for PA. Prado is the swing. He doesn’t like premature filing, but has issues with NFL’s irreparable harm.
— Zack Barnes (@The_Zack_Barnes) October 2, 2017
Audio for the hearing was expected to drop at 5:00 PM and arrived as scheduled.
The NFL v. NFLPA audio is out. https://t.co/QUAWhmWn0q @WALLACHLEGAL @IanPGunn
— Raffi Melkonian (@RMFifthCircuit) October 2, 2017
Surprised that NFLPA didn’t raise this: https://t.co/XAcOVcxezw
— Daniel Wallach (@WALLACHLEGAL) October 2, 2017
Mike Florio on how Kessler should have answered Judge Elrod’s question on why #NFLPA filed suit prior to the award: pic.twitter.com/hwLUEnWHeQ
— Daniel Wallach (@WALLACHLEGAL) October 2, 2017
Interesting #EzekielElliott scenario proposed by @Frank_Cawley pic.twitter.com/7PMcEdpX0s
— Sheilla Dingus (@SheillaDingus) October 3, 2017
Great summary of hearing from Kate Hairopoulos. Another audio of the hearing is also included here.
An inside look into Ezekiel Elliott’s court hearing, plus a timetable for decision on RB’s playing status https://t.co/qDJgPaoRTP
— Kate Hairopoulos (@khairopoulos) October 3, 2017
After the hearing, around 10:00 PM EDT, Jeffrey Kessler filed a letter detailing the “new” case law presented for the first time earlier at the hearing.
NFLPA files supplemental authority w/ CA5 to bolster pt that exhaustion is not jurisdictional: https://t.co/LUGus7Kcuh pic.twitter.com/0DuKQONeEJ
— Daniel Wallach (@WALLACHLEGAL) October 3, 2017
For addition coverage of the wide world of sports law check out the regular edition of “The Blitz.”
Mega #sportslaw in this week's ⚡️Blitz ⚡️#ncaascandal #ezekielelliott #NFL #concussion #CTE & much more! https://t.co/olcuApB6BP
— Sheilla Dingus (@SheillaDingus) October 1, 2017
