In a 2-1 decision, the 5th U.S. Circuit Court of Appeals panel granted the league’s emergency request to set aside an injunction and ordered a district court in Texas to dismiss Elliott’s case.
Elliott’s attorney Frank Salzano and the NFLPA gave a brief incite as to what their next move will be. “The NFLPA is reviewing the decision and considering all options, the appellate court decision focuses on the jurisdictional issues. The failures of due process by the NFL articulated in the District Court’s decision were not addressed.”
The cowboys don’t play again until October 22nd against the 49ers and if the suspension is upheld he won’t be eligible to play again until November 30th. He will miss games against the Washington Redskins, Kansas City Chiefs, Atlanta Falcons, Philadelphia Eagles and Los Angeles Chargers.
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. Elliott and his representatives are weighing the option of continuing to fight vs sitting out the six games just to get the whole thing over with.