NFL Commissioner Roger Goodell suspended Elliott after the league said that he was involved in several physical confrontations last summer with his former girlfriend, Tiffany Thompson, although OH prosecutors didn't pursue the case.
The development would come after the 5th Circuit Court itself released a mandate regarding a rehearing, mentioning the court is unlikely to take on the case again. In addition, the union will request that Elliott's six-game suspension over domestic violence allegations, which had been restored by a 2-1 vote of a 5th Circuit panel Thursday, be stayed while request for the en banc hearing is considered.
But due to the collective bargaining agreement, the National Football League believes it doesn't need a conviction to punish a player.
He issued no further comment on the ruling. "As there was no final decision, Elliott had not yet exhausted the contracted-for remedies". The ruling also ordered the Texas court to dismiss Elliott's lawsuit.
"The District Court, therefore, lacked subject matter jurisdiction when it issued the preliminary injunction".
It is likely that Elliott's team will refile their injunction request in NY and it is possible that they win again.
A federal judge in Texas blocked the suspension last month, agreeing with the National Football League players' union attorneys that the investigation of the violent allegations appeal was unfair to Elliott. This recommendation was not passed on to Goodell and, according to the suit, hindered the commissioner's ability to do his job.
The NFLPA is expected to re-file the case to seek a temporary restraining order and preliminary injunction with U.S. District Court for the Southern District of NY, according to NFL.com. In the most prominent, the Tom Brady "Deflategate" case, Brady secured an injunction, allowing him to play the entire 2015 season.
Provided Elliott's suspension begins in Week 7 as expected, the Cowboys' backfield depth will be tested significantly.