The union officially gave notice Tuesday that it is appealing to the 2nd U.S. Circuit Court of Appeals. Federal Judge Katherine Polk Failla, of the Southern District of New York, on Monday night denied Elliott a preliminary injunction that would have continued to block the NFL from enforcing its six-game suspension of Elliott.
Elliott's team will ask the federal appeals court to review the decision on an expedited basis. It had also asked Failla for a limited injunction that would allow Elliott to play while the 2nd Circuit weighs the request. The judge denied the request almost immediately, noting it would essentially serve as a reversal of her decision the night before.
The story went on to say the 2nd Circuit it is for Elliott. There's a reason Elliott and the union first tried to have the case heard in Texas instead of courts that are included in the 2nd Circuit in New York. The NFL's home turf is where the league eventually won "Deflategate" involving New England quarterback Tom Brady on appeal. A decision is expected by 7 p.m. Wednesday, but owners should be prepared to be without Elliott.