The ongoing saga that is Ezekiel Elliott‘s domestic violence case took another intriguing turn on Tuesday
Elliott won a second temporary restraining order on the NFL’s six-game suspension levied against him, according to attorney Daniel Wallach who first reported on the news. It means that the second-year running back can take the field when his Dallas Cowboys face the San Francisco 49ers this coming Sunday.
BREAKING: Ezekiel Elliott wins another temporary restraining order–this time from a NY federal judge. He should be good to go on Sunday.
— Daniel Wallach (@WALLACHLEGAL) October 17, 2017
Ezekiel Elliott Gets Second Temporary Restraining Order, Will Play Sunday
The ruling, made by U.S. District Judge Paul Crotty, gives Elliott another legal victory against the NFL. Five days earlier, a federal appeals court sided with the league in overturning a previous TRO granted in the state of Texas. Elliott still has yet to miss a single game this season due to suspension.
What appears to be at issue and one of the fundamental factors in both sides’ respective case is the idea of “fundamental fairness.” Crotty arrived at his favorable decision for Elliott in part due to his opinion that the league’s argument about the above notion not applying under the Labor Management Relations Act is “quite wrong.” This is in contrast to the appeals court injunction reversing the original TRO which said “fundamental fairness” didn’t apply.
Tuesday’s decision certainly clears the way for Elliott’s return to the field on Sunday. But it may be short-lived. Crotty essentially deferred to judge Katherine P. Failla in whether or not to apply another preliminary injunction to this second restraining order. That could come as early next week, as Crotty’s ruling effectively expires a week from next Monday.
For now, Elliott has a green light to participate in all team activities ahead of Sunday’s game. The NFL’s suspension essentially barred him from the Dallas facilities until its conclusion, which would’ve occurred after the Cowboys’ Week 12 game against the Los Angeles Rams. But he’s not out of the woods yet. A decision from Failla in the NFL’s favor puts him right back to square one in having to miss a significant chunk of the 2017 regular season.