Ezekiel Elliott's legal team is making a last-ditch effort to stop his six-game suspension from taking effect.
The NFL Players Association asked federal Judge Katherine Polk Failla on Tuesday to suspend her Monday ruling during an appeal. But she refused, so the file was moved to the Manhattan-based appeals court.
The case moved to a fourth court system in what some expect will be the final chance for Elliott to avoid serving his suspension.
When Judge Failla denied Elliott's request Monday night for an injunction that would have let him keep playing. She gave his team 24 hours to appeal. By mid0afternoon on Tuesday, that process started.
The players’ union filed a motion asking the judge to reconsider her decision, something sports law attorney Daniel Wallach says was a procedural move.
As expected, the judge quickly shot it down. So the players’ union started the appeal process in the 2nd circuit court of appeals. Judges in that court could take up the matter before the week’s end and could ultimately grant an injunction there that would put Elliott back on the field.
Wallach says it's possible that could play out before Sunday, which would be big for Elliott.
“The only vehicle that Elliott has at his disposal to play this year is to secure an injunction pending the outcome of the appeal,” Wallach said. “That appeal won't get decided until the offseason. So if we're talking about Elliott’s status during 2017, its basically now or never.”
If Elliott loses the injunction, he would likely serve the suspension while the case slowly trickles toward a trial.
Meanwhile, Cowboys owner Jerry Jones did not stay silent on the loss in court on Monday, calling the NFL and Roger Goodell's punishment of Elliott an "overcorrection."
“I'm sure he'd like to take back his initial Ray Rice stance and a few others,” Jones said. “And he's in the process of trying to correct that. And in doing so, Zeke is a victim of an overcorrection.”
Jones went on to say that two years ago this wouldn't have been an issue. He said the circumstances are not treating Elliott fairly.
22-year-old Elliott was suspended in August after he had several physical confrontations in the summer of 2016 with his then-girlfriend.
The Cowboys take on the Kansas City Chiefs this Sunday in Arlington beginning at 3:30 p.m.