Brady’s Quest to Vacate Four-Game Suspension is Running Out of Air as Second Circuit Denies Request for Rehearing

On July 13, 2016, the Second Circuit denied New England Patriots quarterback Tom Brady and the NFL Player Association’s request for a rehearing in their deflategate case. In the end, this decision came as no surprise for a case that has dominated both legal and sports headlines ever since the NFL handed down a four-game suspension to Brady for his alleged role in deflating footballs against the Indianapolis Colts in a 2015 playoff game. Previously, the Second Circuit voted 2-1 to uphold the four-game suspension
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NFL Seeks to Block Disgruntled Fans From Refiling Their Deflategate Suit

On June 24, 2016, the NFL asked a Massachusetts federal judge to reopen a previously dismissed suit by a group of New England Patriots fans over the league’s punishments handed down in the Deflategate scandal. On June 10, 2016 a federal judge opted not to exercise jurisdiction essentially dismissing the matter; however, the New England Patriots fans took this purported lack of federal jurisdiction as a license to file their claims in state court. The NFL seeks the federal judge to reconsider their decision not…
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Deflategate Continues: Pro-Labor Organization Voices Concern About Power of Arbitrator

On May 23, 2016, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), a pro-labor federation, filed an amicus brief in support of Tom Brady. This comes after the Second Circuit U.S. Court of Appeals overturned the district court and held in favor of the NFL, stating that Goodell properly exercised the authority bargained for in the collective bargaining agreement between the National Football League (NFL) and NFL Player’s Association (NFLPA). Tom Brady and his lawyer requested a re-hearing by the three-judge panel…
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Sports Litigation and Cases to Keep an Eye on in the New Year (Part I)

2015 was a year full of highly debated controversies in the world of sports litigation. However, the debating isn’t over quite yet as some of the most notorious cases of 2015 will have litigation continuing into the new year. From “Deflategate” to the FIFA corruption scandal, this post is part one of notable sports cases you should be sure to follow in 2016. “Deflategate” Appeal Deflategate was one of the most talked about controversies in sports in 2015, as it involved allegations of the ever-popular…
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Deflategate: NFL Submits Reply Brief in Appeal of District Court Decision

On Monday, December 21, 2015, counsel for the NFL submitted its reply brief to the U.S. Second Circuit Court of Appeals in the “Deflategate” litigation. In the 2014 NFL Playoffs, New England Patriots quarterback Tom Brady was allegedly involved in a scheme to advantageously tamper with game balls used by Brady in the AFC championship game versus the Indianapolis Colts. The NFL suspended Brady for the first four games of the 2015 Regular Season. Brady appealed the decision to an arbitrator, who, through the provisions…
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Goodell Not All-Powerful: Brady Blasts Commissioner’s Role in Suspension Appeal

On Monday December 7, 2015, the National Football League Players Association and New England Patriots quarterback Tom Brady jointly file a response brief in the United States Court of Appeals for the Second Circuit, arguing that Roger Goodell over-stepped his boundaries in slamming the future hall of famer with a four game suspension for his role in the “Deflategate” scandal. On September 3, District Court Judge Richard Berman overturned Brady’s suspension, determining that the NFL and the Commissioner’s Office failed to abide by the…
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NFLPA: Tom Brady Should’ve Been Fined, Not Suspended

In a letter to U.S. District Court Judge Richard M. Berman, NFL Players Association lawyer Jeffrey Kessler argued that Tom Brady should have been fined, not suspended, as required by the league’s collective bargaining agreement (CBA). Furthermore, Kessler claimed that even if the suspension was in compliance with the CBA, it is still inappropriate because Brady was not given a notice of his suspension in advance. Kessler’s letter is a response to a filing by the NFL arguing that courts have the authority to…
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Breaking Phones and Taking Names: Tom Brady States at Hearing That He Usually Destroys Old Devices

At a hearing on Tuesday in front of a New York federal court, New England Patriots quarterback Tom Brady alleged that he usually destroys his old cellphones in order to protect his personal and business data. The suit was originally filed by the National Football League Management Council (NFL) against the National Football League Players Association (NFLPA), and ultimately boiled down to a claim that Brady had engaged in conduct “detrimental to the integrity of, or public confidence in, the game of professional football[.]” The…
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Brady Suspended 4 Games for Role in Deflategate and Obstructing the Investigation

On Monday, May 11, the National Football League punished Tom Brady and the New England Patriots for their roles in the “Deflate Gate” scandal and its subsequent investigation. Relying on the importance of protecting the integrity of the game, the NFL suspended Brady without pay for the first four games for the 2015-2016 season, fined the team one million dollars, and stripped the team of their 2016 first round draft pick and 2017 fourth round draft pick. The punishments come only 5 days after the…
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