NFL Players Association Files Grievance Over League Anthem Policy

On Tuesday, July 11, the NFL Player Association (NFLPA) filed a grievance against the league over its new national anthem policy. The policy was announced in May 2018 after a wave of peaceful on-field protests by current players during the past NFL season. The players were protesting police brutality towards the African-American community as well as systematic racism. Nevertheless, the players and league itself received criticism and outrage from President Donald Trump and other conservatives over the player’s decision to protest by kneeling during the…
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NFL and NFLPA Move to Stop Former Agent’s Antitrust Claim

On February 5, 2018, the NFL, and the NFL Players Association (NFLPA), filed a motion to dismiss an antitrust suit brought by former sports agent James Dickey. As we have previously covered, Dickey accused the NFL and the NFLPA of stifling competition by implementing a rule called the “Three Year Rule” to keep new agents out of the NFL. In order for an agent to represent players the must be certified. To be certified, agents must negotiate at least one NFL team contract every…
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Former Agent Counters NFL, NFLPA with Antitrust Suit After Decertification

On November 21, 2017, former NFL agent and lawyer James Dickey accused the NFL, the NFL Management Council, and the NFL Players Association of stifling competition by implementing a rule in 2002 to keep new agents out of the industry. The rule, which Dickey refers to as an unreasonable artificial barrier and which is enforced by the NFLPA, requires agents to negotiate at least one NFL team deal for every three year period in order to stay certified to represent NFL players. “The so-called three-year…
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Ezekiel Elliott Gets Hail Mary; Set to Play on Sunday

The Second Circuit Court of Appeals granted the NFL Players Association (NFLPA) emergency motion for a temporary order blocking Ezekiel Elliott’s suspension. The order blocks the six-game suspension for domestic violence that Elliott has faced all season and will allow Elliott to play in Sunday’s (November 5, 2017) game against the Kansas City Chiefs. The Second Circuit Judge granted Elliott’s request to stay his suspension and the issue will be referred to the next available three-judge panel to expedite the appeal process. The National Football…
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NFLPA Fumbles Emergency Stay of Ezekiel Elliott’s Suspension; Appeals to Second Circuit

In yet another move to try to delay Dallas Cowboys’ Ezekiel Elliott’s six-game suspension, the NFL Players Association made an emergency motion seeking a temporary order blocking the suspension. The motion came less than a day after U.S. District Judge Katherine Polk Failla, on October 30th, had denied the NFLPA’s motion for a preliminary injunction to block the suspension while the appeals process continues. Judge Failla quickly denied the request, saying it would “in effect … reverse [her] decision of [Monday] evening denying the NFLPA’s…
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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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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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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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The NFL’s Players’ Association and the NFL Battle in Two Separate Lawsuits About Ezekiel Elliottt’s Six-Game Suspension

Dallas Cowboys running back Ezekiel Elliott and the National Football League’s Players’ Association (NFLPA) filed suit seeking to vacate the forthcoming ruling of an arbitrator on the appeal of Elliott’s six-game suspension in a domestic violence case. The suit, filed in federal court in Texas, alleges that the NFL’s appeal process is fundamentally unfair because the arbitrator denied a request to have Elliott’s accuser testify at the appeal hearing. Elliott also alleges that NFL executives hid information that was favorable to his case before Commissioner…
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Cowboys’ Ezekiel Elliot Six-Game Suspension Upheld

As expected when Dallas Cowboys’ Ezekiel Elliot and the NFLPA hurriedly filed a temporary restraining order (TRO) on September 5, 2017, arbitrator Harold Henderson has upheld Elliot’s six-game suspension stemming from domestic violence allegations. Elliot and the NFPLA had challenged the arbitration process, alleging it was fundamentally unfair.  Henderson’s decision stated “[i]n a case involving violation of a policy, fair and consistent means whether the process and result were in compliance with the terms of that policy. This one is, in every respect.” The TRO…
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