National Football League files motion to dismiss NFLPA's Elliott petition

Annette Crawford
September 5, 2017

Harold Henderson, the arbitrator in Elliott's hearing for his appeal of a six-game suspension, has informed the NFL and NFLPA that he plans to reach a decision later Tuesday, Tom Pelissero of reports.

If Henderson affirms any part of the suspension, Elliott will need U.S. District Judge Amos Mazzant to grant the restraining order to be eligible for the opener September 10 against the New York Giants.

That could change the playing field where the legal battle would continue. The NFL would rather any court case be held in the Southern District of NY, a court that proved favorable to the league during its fight against Tom Brady in 2015 and 2016. They seem more anxious about what is going on in their own backyard than the legal tussle between Elliott and the NFL. The NFL claims that a lawsuit can only be filed after the arbitrator has ruled. He was in NY this week tending to the appeal hearing.

Crafty legal maneuvering is taking place on both sides.

The league feels once Henderson rules on the matter, that is the end of the discussion.

That's the sentiment they have always held since the signing of the 2011 CBA, which included the now infamous Article 46.

"The deliberate exclusion of her recommendations and findings constitutes a failure to follow the NFL's own Personal Conduct Policy, which the League unilaterally imposed and refused to collectively bargain".

If we were wondering whether the Ezekiel Elliott situation would be settled outside of the court system, we really don't have to wonder much more.

The NFLPA can not "identify any structural unfairness in the Article 46 arbitration process for which it bargained".

Ezekiel Elliott, meet Cathy Lanier. The league also filed an opposition to Elliott's pursuit of a preliminary injunction. Forcing Elliott and the NFLPA to refile increases the likelihood that the league could beat them to court and secure a favorable venue.

The woman also told police in Florida that Elliott has pushed her up against a wall in a February incident, and has reportedly been cooperating with National Football League investigators - who work for Lanier. "(Henderson's ruling) is issued, Elliott and the NFLPA will demonstrate now that they readily satisfy the requirements for preliminary injunctive relief should Elliott's appeal be denied", the filing said.

Other reports by Iphone Fresh

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