Independent investigator Ted Wells determined that it was “more probable than not” Brady was at least aware Patriots employees intentionally deflated footballs prior to the AFC Championship Game against the Indianapolis Colts in January 2015.
Advertisement
Tom Brady’s legal team will file a petition Monday for a panel rehearing and a rehearing en banc before the Second Circuit U.S. Court of Appeals in the long-running “Deflategate” case. It had previously been overturned by a lower court.
In April, the 2nd U.S. Circuit Court of Appeals ruled 2-1 to uphold Brady’s four-game suspension.
He said Brady has some criteria for an appeal: Chief Judge Robert Katzmann issued a strong dissent in the panel’s appellate decision that reinstated Brady’s suspension. The NFLPA has petitioned for an en banc hearing on Brady’s behalf, set for Monday afternoon, according to ESPN’s Adam Schefter, after the court granted him a two-week extension to file a motion.
The full appeals court in Manhattan has heard only a handful of cases since the turn of the century, and it is unclear how soon the 2nd Circuit might respond to the request for a rehearing.
Buckle up, folks, because if you follow what Rapoport is saying, things could get very interesting for Tom Brady, Roger Goodell and the NFL. There remains a chance Brady could take this to the U.S. Supreme Court. Depending on how quickly the court proceeds, it’s “definitely a possibility” that Brady could play the entire 2016 season during litigation, said Dan Werly, a leading sports attorney and editor of the “White Bronco” legal blog.
Earlier this month, it was reported that Brady and his legal team had appealed his reinstated suspension. It can affect the Patriots season whether they are going to the playoffs or not. One of the arguments used by the NFLPA in its 66-page petition says that Goodell used different grounds for justifying his denial of the appeal than what he used in his original disciplinary decision, citing previous case law in claiming that shouldn’t be allowed in appealing a collective bargained sanction.
“As a union that believes in its obligation to fight for its members, it’s an easy call to fight on this”, NFL Players Association Executive Director DeMaurice Smith told The Associated Press. Many might argue that it would make more sense for the National Football League to just give up if the ruling is overturned by the 2nd Circuit, but at this point, Goodell and the National Football League have dug themselves so deep that there is no turning back.
Advertisement
Brady, if suspended, could return to the Patriots for Week 5 against the Cleveland Browns.
