Deflategate Appeal: NFL Files Opening Brief with Second Circuit

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On Monday, October 26, 2015, the National Football League (NFL) filed its opening brief with United States Court of Appeals for the Second Circuit requesting that the district court’s “Deflategate” ruling be overturned.

The original decision, issued by District Court Judge Richard Berman, reversed the NFL’s 4 game suspension of Patriot’s quarterback Tom Brady. The NFL superstar was alleged to have been involved in a scandal to deflate footballs. In reversing Brady’s suspension, Judge Berman held that the NFL did not provide Brady with proper notice that he could be suspended for an equipment violation, and, therefore, the suspension was arbitrary. The NFL immediately appealed the decision to the Second Circuit.

At issue in the appeal is whether the district court was authorized to overturn Brady’s suspension. More specifically, the NFL is arguing that the district court incorrectly relied on the Federal Arbitration Act rather than the Labor Management Relations Act, which limits judicial review. According to the NFL’s brief, the “district court vastly exceeded the narrow bounds of judicial review allowed under the Labor Management Relations Act,” ignoring the “deferential nature of a court’s review in these circumstances.”

The NFL Players Association, on behalf of Brady, is due to respond on December 7. The Panel of three Second Circuit judges will likely make their decision after the Super Bowl in February.

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