Federal Appeals Court Rules Against Tom Brady, Says He Must Serve Suspension

[Big Bid'Ness]

 


Federal Appeals Court Rules Against Tom Brady, Says He Must Serve Suspension



A federal appeals court has reinstated Tom Brady's four-game suspension over his involvement in the "Deflategate" scandal.
In a 2-1 decision, a three-judge panel of the 2nd U.S. Circuit Court of Appeals overturned a lower court ruling that found NFL Commissioner Roger Goodell was not fair when he handed down the suspension.
 
As we reported at the time, U.S. District Judge Richard Berman did not take issue with the facts of the case, instead chastised Goodell for what he called "significant legal deficiencies" in the way he handled the case.
 
Overturning that decision, the 2nd Circuit ruled that Goodell had "properly exercised his broad discretion under the collective bargaining agreement and that his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness."
In his dissent, Chief Judge Robert Katzmann made some of the same arguments that the lower court did. Mainly, Katzmann argues, that Goodell acted unfairly because when he changed the factual basis for disciplinary action after the hearing, he denied Brady a chance "to confront the case against him."
 
Writing for the panel, Circuit Judge Barrington D. Parker says that labor law means that a federal court has to be "highly deferential" to the decisions made during arbitration.
 
What's more, the collective bargaining agreement between the League and the players gives Goodell broad authority, the court writes. So, while the court agreed that, indeed, Goodell didn't allow Brady to confront the case against him, that right was not guaranteed by the collective bargaining agreement.
 
"Had the parties wished to allow for more expansive discovery, they could have bargained for that right," the court wrote. "They did not, and there is simply no fundamental unfairness in affording the parties precisely what they agreed on."
 
According the AP, Brady can now ask the full 2nd Circuit to hear the case or he can appeal to the Supreme Court. Brady can also ask the court to put his suspension on hold while he appeals.

 

 

[elcheato]

I hope this goes to the supreme court

 

[Pugz]

he basically needs to be hanged

 

[bosoxlover12]

I doubt it will go to the Supreme Court


It's unfortunate what is being called into question here. I still 100% believe Brady is innocent from the Deflategate charges. There hasn't been any actual evidence saying he did it

This whole court appeal process however has nothing to do with the deflated footballs. It's about whether Goodell has the authority to suspend a player like Brady, and he unfortunately does.

Onto Garoppolo time (for 4 games)

 

[cruzg24]

An investigator asks for emails, text messages, and relative search words in relation to deflating or inflating footballs through your chosen representative. You subsequently decide to destroy completely the phone in question the same day that Mr.Wells made the request. The interesting detail is that Mr.Wells was able to search through the previous phone that wasnt destroyed. Somethings a bit off....

Besides you cant trust someone who uses a Galaxy Note 4

 

[bosoxlover12]

An investigator asks for emails, text messages, and relative search words in relation to deflating or inflating footballs through your chosen representative. You subsequently decide to destroy completely the phone in question the same day that Mr.Wells made the request. The interesting detail is that Mr.Wells was able to search through the previous phone that wasnt destroyed. Somethings a bit off....

You realize that's not at all what happened, right?
 
Brady's lawyers were told that the phone would not need to be part of the investigation, aside for all text messages between Brady and the employees (which he did infact give). 
 
Weeks go by, and then Wells asks for the phone after Brady's attorneys were already told it wasn't going to be needed, and it turns out Brady got his new phone already. Its sus but its hardly enough to convict someone of a crime. If this wasn't an NFL issue, but a generic legal issue, Brady would have been fine over a year ago. But because its an NFL issue, its no longer about guilty v innocence, but rather the processes towards being suspended

 

[cruzg24]

I agree that the penalty was too severe, a fine wouldve sufficed. This is the NFL and they need to maintain that "spotless" reputation

 

[Teagz]

This is the worst story in the history of sports

 

[Giantmetfan07]

Not this again.