49ers

49ers expected to face Ezekiel Elliott-less Cowboys in Week 7

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USATSI

49ers expected to face Ezekiel Elliott-less Cowboys in Week 7

FRISCO, Texas  — A federal appeals court cleared the way Thursday for the NFL to impose a six-game suspension on Dallas Cowboys star Ezekiel Elliott over domestic violence allegations, siding with the league in the latest high-profile fight over its ability to punish players for off-field behavior.

In a 2-1 decision, the 5th U.S. Circuit Court of Appeals panel in New Orleans granted the league's emergency request to set aside an injunction and ordered a district court in Texas to dismiss Elliott's case.

The NFL announced that the suspension was effective immediately, though further appeals were possible and the Cowboys are not playing this weekend.

"We are currently exploring all of our legal options and will make a decision as to what is the best course of action in the next few days," Elliott attorney Frank Salzano said.

The Cowboys don't play again until next Sunday, Oct. 22, at San Francisco. If Elliott's legal team can't put the suspension on hold again, he won't be eligible to play until Nov. 30 at home against Washington, a Thursday night game the week after Thanksgiving. Elliott played the first five games as Dallas went 2-3 in a disappointing start.

A federal judge in Texas issued the injunction blocking the suspension last month, agreeing with NFL players' union attorneys who argued that the investigation of the allegations in Ohio and a subsequent appeal were unfair to Elliott, one of the league's standout running backs.

The NFL countered that it followed procedures under the league's labor deal and that the union improperly filed a lawsuit before the appeals process was complete.

The most likely destination for further legal challenges from players' union attorneys representing Elliott is with the Southern District of New York. The NFL filed in that federal court after Elliott's appeal through the league was denied by arbitrator Harold Henderson last month.

Last year's NFL rushing leader as a rookie, Elliott was suspended in August by Commissioner Roger Goodell after the league concluded following a yearlong investigation that he had several physical confrontations in the summer of 2016 with Tiffany Thompson, his girlfriend at the time.

Prosecutors in Columbus, Ohio, decided not to pursue the case in the city where Elliott starred for Ohio State, citing conflicting evidence.

Elliott's legal team filed the lawsuit on his behalf in the Eastern District of Texas before Henderson had rejected the appeal. The 5th Circuit agreed with the NFL's claim that the filing was premature.

"The procedures provided for in the collective bargaining agreement between the NFL and NFLPA were not exhausted," Judges Jennifer Elrod and Edward Prado wrote for the majority. "The parties contracted to have an arbitrator make a final decision. That decision had not yet been issued."

In dissent, Judge James Graves disagreed that the suit was filed prematurely. Graves noted the union's argument that the league had violated the collective bargaining agreement because key information had been withheld from Goodell and Elliott's representatives before the suspension was ordered and the arbitrator's decision was based on incomplete information. The suit was properly filed in the district court because the arbitration process called for in the labor deal was not properly followed, Graves argued.

The NFL had already agreed to let Elliott play in the opener before his request for an injunction was granted by U.S. District Judge Amos Mazzant in Sherman, north of Dallas. Henderson ruled against Elliott the same day Mazzant heard arguments over the injunction.

Gabe Feldman, director of the sports law program at Tulane University Law School, noted that the opinion dealt only with jurisdictional issues and not the question of whether the NFL's appeals process was unfair to Elliott.

"This is certainly a significant setback," Feldman said. "But they still have a chance because this decision was not made on the merits of the case. He has yet to have a federal court rule against him on the merits. Until that happens, he still has a chance."

Elliott, who set a Dallas rookie franchise record with 1,631 yards rushing last season, is fourth in the NFL with 393 yards this year. He had a season-high 116 yards in a 35-31 loss to Green Bay on Sunday.

If the case shifts to federal court in New York, home to league headquarters and the site of Elliott's appeal hearing with Henderson, the venue is a familiar one. The NFL won the "Deflategate" decision in the New York court, leading to New England quarterback Tom Brady serving his four-game suspension a year after it was originally imposed. A federal judge had put Brady's suspension on hold.

Source: 49ers agree to terms with first-round pick Mike McGlinchey

Source: 49ers agree to terms with first-round pick Mike McGlinchey

The 49ers agreed to contract terms with first-round draft pick Mike McGlinchey contract three days before the club is scheduled to report to training camp.

The NFL Network reported Sunday night that McGlinchey signed the deal. A source told NBC Sports Bay Area the contract will be made official on Monday morning.

McGlinchey, who is slated to start at right tackle as a rookie, was the No. 9 overall selection from Notre Dame. McGlinchey is slated to make $18.34 million over the course of his four-year deal with a signing bonus of $11.4 million.

Wide receiver Dante Pettis, the No. 44 overall selection, is the only 49ers’ unsigned draft pick and the only NFL rookie chosen outside of the first round who remains unsigned.

The 49ers’ traded right tackle Trent Brown to the New England Patriots shortly after investing their first-round pick in McGlinchey. The 49ers sent Brown and a fifth-round pick (Purdue linebacker Ja’Whaun Bentley) to the Patriots for a third-round pick (Southern Mississippi defensive back Tarvarius Moore).

The 49ers report to training camp in Santa Clara on Wednesday. The club's first practice is scheduled for Thursday.

T.O. 'not actively seeking' NFL return, expounds on Hall of Fame decision

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AP

T.O. 'not actively seeking' NFL return, expounds on Hall of Fame decision

Terrell Owens still is showing off the kind of spectacular shape he is in, even at 44 years old. Just look at his social media pages, and you'll see T.O. working out with today's NFL stars and running a blazing 40-yard dash. 

Even though he's about to be enshrined into the Pro Football Hall of Fame, is Owens looking to make a comeback? 

On Tuesday, Canada-based agent Jason Staroszik told TSN and ESPN that T.O. "100 percent" wants to play football again. On Wednesday at the ESPYS, the former 49ers wide receiver clarified his comments. 

Owens says he isn't "actively seeking to get into the NFL," but he did say he would entertain other opportunities with football, including the CFL. 

"I know that I do have the ability to play," Owens said, via ESPN.com. "I know everybody sees the shape that I'm in. There's a lot of athletes that play their prospective sports, but there are few guys that defy the odds. I think I'm one of those guys.

"It's unfortunate that I haven't been able to continue my career, but again, I'm not actively seeking to get into the NFL; but again, if there's an opportunity for me to play, then yeah, I will entertain that, as well as the CFL."

The hot topic with Owens lately has been his decision to not attend the Hall of Fame ceremony. Instead of being in Canton, Ohio next month, Owens will make his own speech at his alma mater, the University of Tennessee at Chattanooga.

"It's always unfortunate, and people have a lot to say when someone does something different, but what I'm doing is not wrong," he said.

Owens said he has been working every day on his acceptance speech. As far as what went into his decision to not attend the ceremony, Owens looked to legendary basketball coach John Wooden. 

"For me, I think, overall, everybody's obviously wondering what went into my decision," Owens said. "I think John Wooden said it best: 'Be more concerned about your character than your reputation.' I think what the noise is right now is more about my reputation than my actual character.

"They're making the narrative more so about me offending the Hall of Famers, and that has nothing to do with it. I respect all of those Hall of Famers that have gone in before me and going in with me and after me. It has nothing to do with those Hall of Famers."