NFL wins Deflategate appeal, Tom Brady suspension back on

[afx]

 

NFL wins Deflategate appeal, Tom Brady suspension back on

Posted by Michael David Smith on April 25, 2016, 11:49 AM EDT

Getty Images

The NFL has won the latest round in its Deflategate legal battle, and Tom Brady is once again suspended for the first four games of the season.

The U.S. Court of Appeals for the Second Circuit has ruled that the NFL does indeed have the authority to suspend Brady, overturning a lower court ruling and reinstating the four-game suspension that Brady was originally handed last year.

The league’s findings in the Deflategate investigation were that Brady was more probable than not to have ordered the Patriots’ equipment staff to deflate footballs below the minimum level of 12.5 psi. Brady has insisted that he did no such thing.

There have been so many twists and turns in the Deflategate saga that no one should assume it’s over, but at the moment the NFL has won and Brady has lost, and the Patriots appear set to start the season without their star quarterback.

[afx]

 

Second Circuit slams door on Judge Berman scrapping Brady suspension again

Posted by Mike Florio on April 25, 2016, 12:10 PM EDT

AP

When Judge Richard Berman issued his ruling scuttling the Tom Brady suspension, Judge Berman refrained from addressing multiple other arguments supporting the potential reversal of the discipline imposed on Brady as a result of the #Deflategate situation. The move was viewed as an opportunity for Judge Berman to overturn the suspension a second time, if the U.S. Court of Appeals for the Second Circuit disagreed with Judge Berman on the initial grounds for wiping out the suspension.

In reversing Judge Berman, however, the Second Circuit opted to rule on all open issues, blocking any further effort by Judge Berman to defeat the suspension.

“Although it is our usual practice to allow the the district court to address arguments in the first instance, we choose to address the [NFLPA’s] arguments here because they were fully briefed below and on appeal and because they are meritless,” the Second Circuit wrote at page 30 of the ruling.

The two open issues related to the argument that Commissioner Roger Goodell improperly delegated his authority to NFL executive V.P. of football operations Troy Vincent to make the first decision regarding the imposition of discipline and the claim that Goodell was “evidently partial” in his role as arbitrator.

“Here, the parties contracted in the CBA to specifically allow the Commissioner to sit as the arbitrator,” the Second Circuit wrote at page 33. “They did so knowing full well that the Commissioner had the sole power of determining what constitutes ‘conduct detrimental,’ and thus knowing that the Commissioner would have a stake both in the underlying discipline and in every arbitration [falling within his jurisdiction]. Had the parties wished to restrict the Commissioner’s authority, they could have fashioned a different agreement.”

That’s a powerful statement, which underscores the breadth of the Commissioner’s authority and, in turn, gives the NFL the ability to push for a major concession at the bargaining table if/when the NFL Players Association decides to continue to push for third-party arbitration in all cases.

 

[Jantrix]

At this point I really don't care. This was the punishment I wanted, and I got it.

[Danno]

*Yawn*   

[Quick GMC]

sweet

[Harry P.]

Yeah, Danno, this may be "old news" by now, but I'm happy to see the cheating Patriots and the cheating Tom Brady finally get what's coming to them.

Sports is all about competition. Fair competition. When one side plays by a different set of rules, the contest is pointless and illegitimate. Sure, underinflated footballs aren't exactly the same as a corked bat or a cyclist who's doping, but it's still playing outside of the rules... and playing outside of the rules is cheating no matter how you slice it.

I love the photo that Rob posted. "Cheaters exit here." Perfect.

[SfanGoch]

This ruling takes the air out of the Cheatriots' season. Gino Smith might be available, though.

[Harry P.]

Years ago, Sammy Sosa and Mark McGuire were both having monster seasons and chasing the all-time single season home run record. Remember? Sosa was an absolute hero to Cubs fans.

Well, one day, Sosa was at bat and his bat shattered when he hit the ball. The corked bat was suddenly there for everyone to see. He came up with a super lame excuse about that bat being his "batting practice" bat and he had no idea how he happened to take an at-bat in a major league game with that bat. Yeah... right.

Anywho... the point is, that was for all intents and purposes the end of his Cubs career, and the end of his status as a north side hero. And well deserved. He was always a self-centered egocentric PITA. To see his career in Chicago end that way was sweet...

Instant karma's gonna get you...

[slusher]

 

Instant karma's gonna get you...

So true, look at lance Armstrong, sometimes it just takes a little longer...

Edited April 27, 2016 by slusher

[CometMan]

Cool! All the leagues should be able to decide what the rules are for their sport, and what the penalties are for breaking said rules.

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Second Circuit denies Brady request for new hearing

Posted by Josh Alper on July 13, 2016, 9:51 AM EDT

Getty Images

The likelihood that Patriots quarterback Tom Brady will miss the first four games of the regular season went up on Wednesday.

The U.S. Court of Appeals for the Second Circuit has denied Brady’s request for a rehearing of the appeal that reinstated the four-game suspension he received from the league. Brady’s suspension had originally been overturned by U.S. District Court Judge Richard Berman last year, allowing Brady to play for the entire 2015 season.

The announcement from the Second Circuit notes that they have denied both Brady’s request to have the appeal reheard by a three-judge panel of judges and to have it heard by the full court. That leaves an appeal to the Supreme Court as the last legal lifeline left for Brady to get the suspension overturned and indications throughout the process from Brady and the NFLPA have been that they will exhaust every option available on that front.

Should Brady remain suspended, he will miss the season opener at Arizona and then three home games against the Dolphins, Texans and Bills. Jimmy Garoppolo would be the starter for those games in Brady’s absence.