Foster will remain on the Commissioner's Exempt list and won't appeal the league's decision until his pending legal matter is resolved, an NFL source tells Adam Schefter of ESPN.com.

Foster isn't scheduled to appear in court until Jan. 3 after he was arrested Nov. 24 on a domestic violence battery charge, so this news essentially rules him out from playing again this season. Shortly after news of Foster's arrest surfaced, the 49ers waived the 24-year-old linebacker, with Washington putting in a claim Tuesday. Given Foster's history of multiple off-field incidents, it's likely he'll face a suspension once the legal process concludes.

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