As previously reported, Ezekiel Elliott’s six game suspension has be reinstated and he is to start serving it immediately, but things have gotten a little more complicated than they already are. The judge who dissolved Elliott’s restraining order against the NFL and reinstated Zeke’s suspension is Judge Katherine Polk Failla and she has an odd connection to this case other than being just the judge. Failla’s husband works for Proskauer Rose LLP, and Proskauer Rose was vital in constructing the CBA that is being fought in court right now.
To avoid conflicts of interest like this, Failla signed a judicial questionnaire to recuse herself from any case where Proskauer Rose was present. Technically Proskauer Rose is not present in this case so she can still serve as judge, but when the rule being argued over was crafted by Proskauer Rose it is baffling to think that Failla does not see some sort of conflict.
Proskauer Rose is not representing the NFL in this case, but they still have a presence in the NFL. Bob Batterman of Proskauer Rose was at NFL meetings as recently as 2016. Even if the law firm has no role now, their rule is being used and one of their representatives is seen inside of meetings with owners, so anyone with a connection to this firm should recuse themselves from this case.
Mike Florio of Pro Football Talk reports that after Tom Brady’s suspension was reversed it came out that the judge on that case may have had a conflict of interest, but the conflict with Failla is even more prevalent. If that is true then we could see Zeke suiting up far sooner than expected.
There has been no report on what will be done about this, but we will keep you updated on any changes.