There have been twists and turns throughout the process of the enforcement of the suspension, and Elliott has thus far been allowed to play, but now that the suspension is reinstated, the legal fight will shift to Manhattan. It vacates the preliminary injunction and directs an order to the lower court to dismiss the case. The league filed paperwork asking U.S. District Judge Amos Mazzant to make a decision by September 14; otherwise, the league would take the case to the 5th Circuit U.S. Court of Appeals.
"At the time the NFLPA filed the complaint, it was possible the arbitrator could have issued a final decision that was favorable to Elliott". Elliott can not show it was futile to wait for a final decision simply because he believed the arbitrator would issue an unfavorable ruling. "As there was no final decision, Elliott had not yet exhausted the contracted-for remedies". 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. Mazzant ruled that Elliott did not receive a fair appeal hearing before Henderson, in large part because Elliott's accuser and Goodell did not testify.
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The six-game suspension was handed down in August after a 13-month investigation into an alleged string of domestic violence incidents in Columbus, Ohio the week of Elliott's 21st birthday.
Elliott, 22, was never charged and has denied wrongdoing.