Elliott had filed his suit after arbitration proceedings had been completed, but before the arbiter actually came down with a decision. Elliott can not show it was futile to wait for a final decision simply because he believed the arbitrator would issue an unfavorable ruling.
Photo Ezekiel Elliott during the Cowboys' win over the Arizona Cardinals on September 25. Elliott can not show it was futile to wait for a final decision simply because he believed the arbitrator would issue an unfavorable ruling.
"The District Court, therefore, lacked subject matter jurisdiction when it issued the preliminary injunction".
The circuit court's ruling does not mean Elliott's fight is over. League-appointed arbitrator Harold Henderson rejected the NFL Players Association's appeal on Elliott's behalf and upheld the suspension imposed by NFL Commissioner Roger Goodell under the sport's personal conduct policy. Henderson ruled against Elliott the same day Mazzant heard arguments over the injunction. "So this is not over yet, particularly with the bye week, that Elliott will not serve the suspension".
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. Since the National Football League was not granted stay this means Elliott will be able to play for the rest of the season. In the most prominent, the Tom Brady "Deflategate" case, Brady secured an injunction, allowing him to play the entire 2015 season.
The case will essentially start all over again, but will now move from Texas to NY, where Elliott has 10 days to refile his motion to fight the suspension.