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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Deflategate Appeal: NFL Files Opening Brief with Second Circuit
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 …
Continue ReadingLet’s Get This Thing Rollin’: Second Circuit Grants Motion for Expedited Appeal in Deflategate
On Friday September 25, 2015, the NFL filed a motion in the U.S. Second Circuit Court of Appeals requesting that its appeal of the district court’s “Deflategate” decision be expedited. Circuit clerk Catherine O’Hagan Wolfe granted the NFL’s motion on September 29, 2015, therefore reducing the ordinary 10-12-month appellate period.
The district court’s decision, issued by Judge Richard Berman on September 3, 2015, vacated the NFL’s 4-game suspension of quarterback Tom Brady. The NFL superstar was alleged to have been involved in a scandal to …
Continue ReadingAdrian Peterson Suspension: NFL Players Association Invokes Brady Opinion
On September 3, 2015, a New York federal judge overturned New England Patriots quarterback Tom Brady’s four-game suspension, and the decision has now found its way into Adrian Peterson’s lawsuit against the NFL.
In 2014, the NFL suspended Minnesota Viking running back Adrian Peterson after allegations surfaced that he had used a wooden switch on his four-year-old son. The NFL Players Association filed a lawsuit on Peterson’s behalf, and the suspension was eventually overturned by a Minnesota federal judge. The judge — U.S. District Judge …
Continue ReadingThe 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) …
Continue ReadingImproper 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 …
Continue ReadingTom Brady & Deflategate: Goodbye Settlement, Hello Appeal?
On Monday August 31st, 2015 Tom Brady and the NFL met for their final settlement conference with the district court judge in the Deflategate litigation. Following the 2014 NFL Season, the league suspended quarterback Tom Brady for four games in relation to his alleged involvement with the impermissible deflation of footballs. The two parties did not reach a settlement agreement on Monday, however, which may show that both sides believe they have put forth a compelling case.
Nevertheless, in the end, the failure …
Continue ReadingNFLPA: 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 …
Continue ReadingBreaking 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 …
Continue ReadingRunning Out of Air: NFL Commissioner Upholds Brady Four-Game Suspension
On Tuesday, July 28, NFL Commissioner Roger Goodell upheld the four-game suspension imposed on New England Patriots’ quarterback Tom Brady on May 11. The NFL announced that Goodell’s decision to uphold the suspension was based on the Wells Report and evidence that came to light during the ten-hour appeal hearing last month.
Specifically, Goodell noted that Brady’s destruction of his cell phone was a factor in upholding the suspension. He explained how Brady had exchanged nearly 10,000 text messages during the four months that the …
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