I haven't read the original decision or even a summary of it. I had assumed that the Appeals Court would reject the latest request out of hand so why bother.
Only thing I am guessing is that the most recent judge decided based on precedent that it doesn't matter how unfair the process is, arbitration is arbitration, so get lost. Now maybe the Appeals Court wants to give a little wiggle room to that, so that if the process is egregiously unfair, the courts can still get involved.
At this point, I am desperately hoping he plays week 9 and 10, then after that what happens, happens. At least I'd be able to cut Zeke if he got suspended later and could use the roster spot for something. Of course ideally he plays all year.
To me, the only part of this process that could be considered egregiously unfair was withholding the lead investigator's notes from Zeke before the first hearing. In criminal prosecutions, any potentially exculpatory evidence the prosecution has must be given to the defense, and not doing so is prosecutorial misconduct. These judges might be looking to enforce something similar here.