Kaepernick's lawyer Mark Geragos tweeted a picture Thursday of a ruling by arbitrator Stephen B. Burbank.
Kaepernick filed a grievance against the NFL in October accusing the owners of conspiring to not offer him a new contract because of his decision to protest during the playing of the national anthem. The judge presiding over the case has ruled that Kaerpernick has indeed supplied sufficient evidence for the case to go to trial. ESPN reports that the league declined to comment. Eventually, the case could lead to a hearing in which owners would be required to testify.
In October of a year ago, Kaepernick, who is now 30, filed a grievance against the NFL charging that owners conspired to shut him out of the league in retaliation for the protests. Burbank's ruling is still a setback for the league.
Tennis icon Serena Williams and National Basketball Association player LeBron James also star in the adverts, but it's Kaepernick's addition that has caused the biggest storm.
Kaepernick's ongoing unemployment has been cited by some NFL players as a significant issue as the league and union deliberate over a potential new national anthem policy for the sport. Kaepernick originally sat during the anthem to protest against racism, oppression, inequality, and police brutality against black people. Kaepernick said no because he would have had to take a pay cut to join the Broncos.
Kaepernick contends the owners violated their collective bargaining agreement with players by conspiring to keep him off teams. The NFL had filed a motion to get the collusion case dismissed, which resulted in Kaepernick's team having to resubmit their depositions. United States president Donald Trump loudly urged the league to suspend or fire players who demonstrated during the anthem.
Elway did not say explicitly that he shunned Kaepernick because he protested during the anthem.
Kaepernick filed his grievance past year through Geragos and his firm, in consultation with the NFLPA. It has also questioned, in closed-door sessions, owners of the Dallas Cowboys, the New England Patriots - whose owners are among the most influential in the league, and friendly with the president - and several other teams, as well as league officials including Commissioner Roger Goodell and Troy Vincent, the executive vice president for football operations. The damages would be tripled.