Judge nullifies NFL's 4-game suspension against Tom Brady

The NFL is no different than pro wrestling. The NFL is the easiest to cheat. The fix is always in. We’re the suckers for it.

From Nittany’s link:

“…The court is fully aware of the deference afforded to arbitral decisions, but, nevertheless, concludes that the Award should be vacated,” Berman penned in his 40-page ruling. “The Award is premised upon several significant legal deficiencies, including
(A) inadequate notice to Brady of both his potential discipline (four-game suspension) and his alleged misconduct;
(B) denial of the opportunity for Brady to examine one of two lead investigators, namely NFL Executive Vice President and General Counsel Jeff Pash; and
(C) denial of equal access to investigative files, including witness interview notes.”
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Looks to me, like all of that stuff has to do with the “procedure”
the NFL followed. Seems like the NFL could have easily complied
with Brady’s requests for discovery. Dunno why they didnt.

Btw, I dont care one way or another about Brady’s suspension.

And fwiw, my own view is the Patriots/Belichex/Brady will always
have a shadow now, no matter what the Courts or NFL does. The
fans of 31 teams will always kinda ‘wonder’ about the Patriots.

w
v

The court clearly did not exonerate Brady. In fact the court did not address whether or not Brady was responsible for or aware of the deflated balls. The court-as WV wrote-was concerned more with procedural due process. The court relied upon some NLPA disciplinary cases that had been decided before and based on the constitutional requirement of due process found in favor of Brady. The rational for the decision is found on pages 19, 20 of the opinion:

It is the “law of the shop” to provide professional football players with advanced notice
as to what is prohibited conduct and potential discipline…Any discipline program requires
the people understand what results will occur if they breach established rules.

Apparently because the NFL-different than having a substance abuse policy in place-did not have a policy relating to taking air out of footballs Brady was denied due process because he had no notice of potential consequences (LOL). Of course the NFL’s response on appeal will be “who knew”…And I think they have a good reason to appeal the decision. The court was also concerned over the fact that the arbitrator’s ruling did not specify how much of the suspension was related to deflating balls, destroying evidence, and lack of cooperation. Apparently the NFL was required to designate one game for this, two games for that, and one game for this. (LOL) Finally the court was critical of the NFL for not turning over some evidence and not allowing its staff to be deposed.

I believe the NFL’s appeal will address the inherent authority the commissioner has in protecting the integrity of the game along with whatever limitations there are pursuant to the CBA. I think they win on the sound reasoning that they cannot be expected to have advance knowledge of all types of conduct (deflating footballs) that constitutes a detriment to the integrity of the game and proscribe a policy dealing with it including notice of possible discipline. Otherwise a Brady could offer the following defense: I had no idea that I could be suspended for taking air out of a football. Maybe being warned but suspended 4 games and losing a bunch of dough-no way!