Despite the league's request to throw out the claim, an arbitrator is send Colin Karpernick's grievance against the NFL to trial.  Kaepernick claims that owners have conspired to keep him out of the league because of his protests against social injustice.

Mark Geragos, Kaepernick's lawyer, tweeted a picture Thursday of a ruling by arbitrator Stephen B. Burbank.

The former San Francisco quarterback argues that NFL owners have been conspiring to keep him off any roster since he became a free agent in 2017.

The QB began kneeling during the national anthem two seasons ago to protest police brutality and racial inequality.

Kaepernick contends the owners violated union rules by conspiring to keep him off teams.

The NFL, which had moved for the case to end, has not commented yet on the situation.

A hearing would most likely begin by the end of the year, but it is possible the two sides could settle the case before then.