I keep hearing people in the media talking about Zeke filing an injunction to prevent his suspension from taking effect until the legal process is completed. I do not believe this will be successful, and he will miss the first 4-6 games of this season. This is a little legal nerdery but here is why.
1. The NFL can choose the court that will decide the case. Goodell's ruling is an arbitration award. Once it is issued, the NFL can file a Motion To Enforce the award in the court of its choice. The NFL controls when the arbitration award is issued, so it can have the motion to enforce ready to file the minute the award is issued. On the other hand, Elliott has to wait until the award is issued before he can prepare a motion to vacate the award. The first filed lawsuit determines the court that will decide the case. The NFL is almost guaranteed to file first. This is what they did in Deflategate
2. The NFL will likely file in the Southern District of New York which is where they filed suit in Deflategate. The Second Circuit Court of Appeals decision in Deflategate is binding precedent on courts in the Southern District of New York. In Deflategate, the Court of Appeals held that Brady could not contest Goodell's decision because the NFLPA agreed to give him wide discretion in handing out punishment. That decision likely means Elliott stands little chance of winning on the merits of his case.
3. In order to get an injunction to prevent his suspension from taking effect immediately, he will have to show a "likelihood of success on the merits." Given the Deflategate decision, I do not believe he can make this showing.
4. So in order to avoid missing games this season, he will have to win on the merits before the season starts. First, as I stated, I do not believe he can win on the merits given the binding Deflategate precedent. Second, by the time Goodell issues a final ruling, There will only be about 10 days until opening day. There is no way to get a court decision on the merits in his favor within 10 days. So he will miss games, and probably all 6 unless Goodell reduces the suspension.
2021-2023 Adopt-A-Bear
Anthony Anywanwu
cumulative stats:
2022 (Redshirt Sophomore)
Named second-team Academic All-Big 12 … Played in nine games off the bench, totaling seven tackles, including 1.5 for a loss … Went for three tackles, including a tackle for a loss in the win over Texas State … Had a stop at Iowa State … Had three tackles, including half a tackle for a loss, at West Virginia.