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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New England Patriots Enter the Fray in Brady and the NFLPA’s Petition to Rehear Deflategate Case

On May 25, 2016, the New England Patriots officially joined Tom Brady’s battle to have the Second Circuit’s decision to reinstate Brady’s four-game suspension reheard. In a rare and surprising move by a team to go against the league in a player dispute, the Patriots filed a motion for leave to file a brief in support of Brady and the NFLPA. This motion stems from a recent Second Circuit decision to overturn the NFL superstar’s voided suspension and the NFLPA’s petition to have a rehearing
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Second Circuit Overturns Brady Ruling, Reinstates QB’s Suspension

On Monday, April 25, 2016, the Court of Appeals for the Second Circuit voted two-to-one to overturn NFL superstar Tom Brady’s voided 2015 suspension. Brady, who has quarterbacked the league-dominating New England Patriots to four Super Bowl wins this century, was originally handed a four game suspension prior to the start of last year’s football season for his role in the intentional deflation of game balls during the 2014 AFC Championship game against the Indianapolis Colts. Brady and the NFL Players Association appealed the suspension,…
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Arbitrator Upholds NFL Commissioner’s Personal Conduct Policy

On Monday, April 11, 2016, arbitrator Jonathan Marks upheld NFL Commissioner Roger Goodell’s personal conduct policy that allows him to place players charged with a violent crime on paid leave. In December 2014, NFL Commissioner Roger Goodell handed down a personal conduct policy that allowed him to place players that were charged with a crime, such as sexual assault, on an exempt list. The players placed on this list were given paid leave, however, they were unable to play or practice with their team. In…
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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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Judge Dismisses Action Over NFL’s “Undrafted” Series

On December 18, 2015, U.S. District Judge Dolly Gee dismissed a suit against the National Football League (NFL), which alleged that the league stole the idea for their Emmy-nominated television show, “Undrafted.” Ricky Reed filed suit against the NFL, Roger Goodell, and eight NFL employees in March, claiming that the league had ripped off his idea for the television show “Undrafted.” In his complaint, Reed alleged that he contacted the NFL in August of 2013 to pitch an idea about a show that he thought…
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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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The NFL Files its Pre-Argument Statement in Appealing Brady Suspension Ruling

The NFL filed its “pre-argument statement” in the U.S. Second Circuit Court of Appeals on Thursday September 17, 2015.  The NFL is appealing the September 3, 2015 district court decision of Judge Richard Berman, which vacated the NFL’s 4-game suspension of superstar quarterback Tom Brady. The pre-argument statement is separate from the filing of a memorandum of law—the statement only describes the legal theories the NFL will plan to make on appeal.  Both the NFL and the NFL Players’ Association (the representative of Tom Brady)…
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Improper Notice and Arbitrary Discipline: Brady Says to Goodell, “Can’t Touch This”

On Thursday September 3, 2015 Judge Richard Berman, federal district court judge in the Southern District of New York and the adjudicator of the Tom Brady Deflategate scandal, issued a decision and order in the litigation between Brady and the National Football League. The lawsuit concerned the legality of the quarterback’s four-game suspension. Ultimately, Judge Berman reversed the NFL’s arbitration decision to suspend Brady; meaning, unless an emergency injunction is approved by the appellate court, Brady will be available to play in the Patriots’ Week…
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