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) will subsequently submit memorandums, which will carefully spell out each party’s legal positions, highlighting favorable case examples.
In sum, Judge Berman overturned the NFL’s suspension of Brady due to a lack of notice. Proper notice is one of the foundations of due process—a constitutional right that only applies to private associations, such as the NFL, in limited circumstances.
On appeal, according to the pre-argument statement, the NFL will make a number of legal arguments. Primarily, the league will argue that Judge Berman incorrectly relied on the Federal Arbitration Act rather than the Labor Management Relations Act in coming to his decision. The NFL will additionally argue that Judge Berman mistakenly disagreed with NFL commissioner Roger Goodell’s interpretation of the collective bargaining agreement between the NFL and the NFLPA.