Judge Katherine Polk Failla on Monday night denied a request for a preliminary injunction after hearing arguments from the NFL and NFLPA. Failla stayed the decision for 24 hours, allowing Elliott’s side one day to consider appealing.
With the ruling in U.S. District Court for the Southern District of New York, Elliott’s six-game suspension would again be in effect and he would be ineligible to play until the Cowboys’ game against the Oakland Raiders on Dec. 17.
The NFLPA requests that the court rule on its motion by 7 p.m. ET Wednesday, at which point it will seek relief from the U.S. Court of Appeals, 2nd Circuit.
Elliott’s suspension begins at 10 p.m. Tuesday.