Union lawyers say Elliott’s suspension should be delayed until the 2nd U.S. Circuit Court of Appeals considers the issue. League lawyers had no immediate comment.
The NFL Players Association first asked U.S. District Judge Katherine Polk Failla to suspend her Monday ruling reinstating the suspension during an appeal. But she refused Tuesday http://www.arizonacardinalsteamonline.com/josh-rosen-jersey , so the file was moved to the appeals court.
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The 22-year-old Elliott was suspended in August after the league investigated several alleged physical confrontations in the summer of 2016 with his then-girlfriend.
The union told Failla that she erred by ruling that the NFL’s claims were supported by federal labor law because the league followed the collective bargaining agreement in suspending Elliott.
Lawyers for the NFLPA said Failla was the first judge ever to have ”concluded that professional athletes with short career spans do not face irreparable harm” when suspensions are enforced before appeals options have been exhausted.
The judge had concluded that some of the reasons for Elliott’s claim that he’ll suffer irreparable harm during a suspension were ”far too speculative” given all the variables, including the Cowboys’ overall offensive performance Authentic Zack Greinke Jersey , his opponents’ defensive showing and Elliott’s health.
The union also said Failla made erroneous legal conclusions that deserve review by a three-judge appeals panel, particularly after an ”unjust and fundamentally unfair arbitration.”
If Failla’s ruling is not blocked Bengals Jessie Bates III Jersey , Elliott will not be eligible to return until the team’s final three games, starting Dec. 17 at Oakland. The Cowboys (4-3) Wholesale Fred Warner Jersey , defending NFC East champions, are in second place in the division.
Earlier in October http://www.seattleseahawksteamonline.com/shaquem-griffin-jersey , a federal appeals court threw out a Texas court’s injunction and ordered the dismissal of Elliott’s lawsuit there.
Before ruling, Failla heard arguments Monday at a hearing attended by Elliott Packers Marquez Valdes-Scantling Jersey , a day after last year’s NFL rushing leader ran for 150 yards and two touchdowns in a 33-19 victory over Washington.
Failla had based some of her rulings on the NFL’s successful appeal in the same jurisdiction in the Deflategate case that ended with New England quarterback Tom Brady serving a four-game suspension.
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Dixon reported from Dallas.
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