Tom Brady Deflategate Case Still to Be Decided

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Summary: Since neither the NFL nor Players Union can come to an agreement, it is up to a district judge to decide if Commissioner Goodell’s four-game suspension imposed on Brady is allowable.

A Southern District Judge wants the NFL and the NFL Players Association representing Tom Brady to come to settle on their own. That is very unlikely with both sides digging their feet in, unwilling to budge.

  

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Judge Richard Berman will be presiding over the court involving New England Patriots quarterback Tom Brady’s suspense by NFL Commissioner Roger Goodell over Brady’s involvement in deflating footballs prior to the AFC Championship game against the Indianapolis Colts.

The NFL wants the court to affirm Goodell’s authority as arbitrator in reviewing discipline of players, as outlined in the collective bargaining agreement with the players union. The players union argues that Goodell’s use of power did not follow his own protocols of giving notification of the discipline prior to taking action.

The case ended up on Berman’s docket on July 28 when the NFL rejected Brady’s appeal and led the NFL to file in New York first. The union filed shortly after in Minnesota but the judge there assigned it back to New York since it had been filed there first. Minnesota is known to favor sports unions.

Berman has told both parties to get more professional in their arguments and remarks against each other’s integrity. The NFL penalized the Patriots owner Robert Kraft and coach Bill Belicheck by removing two draft picks and fining the team $1 million.

Daniel Nash at Akin Gump Strauss Hauer & Feld is representing the NFL. Jeffrey Kessler at Winston & Strawn is representing the union.

Sources: http://www.newyorklawjournal.com/home/id=1202734478710 and http://profootballtalk.nbcsports.com/2015/08/12/judge-berman-grills-both-sides-during-wednesdays-brady-hearing/

Photo: billoreilly.com