Ezekiel Elliott Back on the Bench as Suspension Reinstated

After hearing arguments from the NFL and the NFL Players Association, U.S. District Judge Katherine Polk Failla denied Dallas Cowboys’ Ezekiel Elliott’s request for a preliminary injunction to block his six-game suspension. The decision comes only two weeks after the same court had granted Elliott’s request for a temporary restraining order that had then frozen the suspension. This was Elliott’s second request for a preliminary injunction since he received the suspension on August 11 following domestic violence allegations. The first request had been granted by…
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NFL Concussion Litigation Faces Fight Over Selling Settlement Proceeds

On October 13, 2017, class counsel in the National Football League concussion litigation asked a Pennsylvania federal judge to rule that an uncapped settlement agreement prohibits players from assigning their payouts to a third party. The motions stem from a hearing in July that addressed concerns that players who would benefit from an uncapped settlement were being improperly solicited by claim assistance providers who may be giving misleading offers. Then, in a September hearing, class counsel warned the judge that many players made deals with…
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Hernandez’s Daughter Adds Helmet Maker in Refiled CTE Suit

On October 16, 2017, Aaron Hernandez’s daughter, Avielle Hernandez, filed suit in Massachusetts state court against the NFL and helmet maker Riddell Inc. for Hernandez’s post-death diagnosis of chronic traumatic encephalopathy (CTE). This suit was filed a few days after Avielle’s lawyers withdrew her suit in federal court against the NFL and the New England Patriots. However, the New England Patriots were left out of the Massachusetts state court suit. Avielle’s attorney stated that a separate action involving the Patriots will be filed at a…
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Cowboys’ Elliott Catches Yet Another Reprieve in Fight Against NFL Suspension

South District of New York Judge Paul Crotty granted a temporary restraining order (TRO) on Tuesday, October 16, 2017, blocking the NFL’s suspension of Dallas Cowboys’ star Ezekiel Elliott, pending a hearing before the presiding judge, Katherine Polk Failla, who is on vacation. Judge Crotty’s ruling that “irreparable harm” would be caused if Elliott served the suspension comes only five days after the Fifth Circuit had overturned the first injunction, issued by a Texas court, which had frozen Elliott’s suspension. The Fifth Circuit…
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The NFL and Ezekiel Elliott Will Now Duel in New York Federal Court Over His Six-Game Domestic Violence Suspension

The battle between Dallas Cowboys star Ezekiel Elliott and the NFL continues. Last week the Fifth Circuit cleared the way for the NFL to enforce Elliott’s six-game domestic violence suspension. In the most recent update, the NFL Players Union urged the New York federal judge overseeing the NFL’s adjoining suit to grant it an emergency order blocking his suspension that is set to begin this coming Monday, October 23, 2017. Among its answer and counterclaim in the New York suit, the Players Union seeks an…
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Is Ezekiel Elliott’s Suspension Finally Going to be Enforced After Appellate Court Sides with NFL?

The latest motion in the legal battle over Ezekiel Elliott’s suspension has been decided. The Fifth U.S. Circuit Court of Appeals cleared the way for the NFL to enforce a six-game suspension on Dallas Cowboys star Ezekiel Elliott over domestic violence accusations, siding with the league in the most recent high-profile fight over its ability to penalize players for off-field behavior. Specifically, the Fifth Circuit, in a 2-1 opinion, granted a stay for the injunction that was postponing Elliott’s six-game suspension. The majority ruled that…
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Decision on Cowboys’ Elliott Suspension Officially Thrown into Fifth Circuit’s Hands

The NFL’s New York suit seeking to enforce the six-game suspension on Dallas Cowboys’ Ezekiel Elliott was halted on October 11, 2017 until the Fifth Circuit Court of Appeals makes a decision. Manhattan federal court’s District Judge Katherine Polk Failla said she would not issue a formal stay of the injunction — the injunction currently preventing Elliott’s suspension from taking immediate effect — but that she would halt the New York litigation. Elliott has played, so far, in all five Cowboys’ games this season. The…
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Will the NFL Terminate Players Who Kneel During the Anthem?

Experts have suggested NFL players who kneel during the anthem are unlikely to be terminated. And so far, no players have been. A few weeks ago, President Trump suggested players who do kneel during the anthem should be terminated. Reactions to President Trump’s comments were varied and some time later, many players have continued to kneel or lock arms with other teammates in a showing of solidarity. The reason the NFL or its teams have taken no action could be purely legal. Players are employees…
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Erin Henderson Tackles the NY Jets with Wrongful Termination Suit

Erin Henderson, former New York Jets linebacker, sued the Jets on Friday, September 29, 2017, alleging the team wrongfully terminated his employment because of his bipolar disorder. He is seeking punitive damages along with $3.3 million in compensatory damages — the amount of his unpaid 2016 salary plus his non-guaranteed 2017 salary. Henderson alleges the Jets placed him on the non-football injury (NFI) list on Oct. 22 without saying why, leading other teams to shy away from signing him, thinking it was related to previous…
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NFL Tackles Claims by Players Who Opted-Out of Concussion Settlement

The NFL requested on Monday, September 25, 2017 that a Pennsylvania federal court dismiss claims by former players who had opted out of an uncapped settlement agreement with the league. The players who had opted out had filed their second amended complaint in July, alleging that the league purposely concealed the long-term risks associated with head injuries and failed to implement proper safety measures to protect players. The NFL argued the new complaint presents claims dependent upon an interpretation of the terms of numerous health…
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