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Elliott 5th Circuit Hearing Set, Will Play Cardinals

The next step in the legal battle between Cowboys and the National Football League has been scheduled. The U.S. Court of Appeals for the Fifth Circuit has set a date for their hearing of the NFL's request to have Elliott's become immediately effective.

The NFL had requested an expedited hearing and there was talk it could happen as soon as today. There was even talk that a decision could put Elliott's status for this Monday night's game in question. However, now there is no doubt that Zeke will play against the this week and in Week 4 against the .

What the league wants is for the stay of Zeke's suspension, granted a few weeks ago by Judge Mazzant of Texas, to be nullified by the higher court. They are arguing that the court's interference undermines the terms of the Collective Bargaining Agreement and the league's agreed-upon power to discipline players.

Mazzant's decision to temporarily block the suspension was based on the appearance of “fundamental unfairness” in the NFL's handling of Elliott's case, particularly his appeal that was heard by . He contends that Elliott would suffer “irreparable harm” if he misses games while still pursuing a legal resolution, given that there is no way to back in time and replay those games if Zeke and the Players Union win their lawsuit.

One legal expert weighed in on the situation, particularly the Fifth Circuit's decision regarding the hearing date:

What Mr. Feldman is saying that the court could have made a summary judgment based on the information they already had, which probably would have been in the NFL's favor. That the court has chosen have the hearing is a sign that they are wanting to do a closer examination of the case details. The NFL has the superficial argument while Elliott and the have the more complex one, so the hearing is another small win for Zeke.

The saga continues on October 2nd.

Jess Haynie
Jess Haynie
Cowboys fan since 1992, blogger since 2011. Bringing you the objectivity of an outside perspective with the passion of a die-hard fan. I love to talk to my readers, so please comment on any article and I'll be sure to respond!

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