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What Tom Brady, NFLPA are arguing in latest Deflategate appeal 05.23.16 at 10:11 am ET
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Tom Brady and the NFLPA continue to argue Roger Goodell's ruling was incorrect. (Andy Marlin/USA Today Sports)

Tom Brady and the NFLPA continue to argue Roger Goodell’s ruling was incorrect. (Andy Marlin/USA Today Sports)

On Monday afternoon, Tom Brady and the NFLPA will file a petition that will request the case be reheard before the entire Second Circuit court bench.

While the official appeal will not be released until later Monday afternoon, a draft of the en banc petition has been obtained by The White Bronco.

Here are a few highlights of what Brady and his team are saying.

— The petition continues to say Brady’s four-game suspension is “severe and unprecedented.”

— It acknowledges Roger Goodell had the authority to hear the appeal because he’s commissioner, they say Goodell punishment was based on different grounds that weren’t the basis for his original decision.

— It says a rehearing is warranted because the panel opinion conflicts in two respects with the decisions of the Supreme Court and other courts of appeals. The first conflict relates to Goodell acting within his authority to uphold the suspension. It says “an arbitrator’s authority depends on an affirmative grant of authority by the parties not, as the panel majority held, the agreement’s ‘silence’ or an absence of express limits on the arbitrator’s power.”

It adds, “Chief Judge Katzmann had it exactly right when he explained that when the Commissioner ‘changes the factual basis for the disciplinary action after the appeal hearing concludes.'”

— Secondly, the petition brings the case back to it being an equipment violation and Goodell “completely ignored” the penalties in the CBA as it relates to equipment violations. The petition continues to question why Goodell imposed four games for such a minor violation.

— It also goes into how this case impacts more than just Brady. It states this “will harm not just NFL players, but all unionized workers who have bargained for appeal rights as a protection not as an opportunity for management to salvage a deficient disciplinary action by conjuring up new grounds for the punishment.”

— It concludes with: The panel decision stands in stark conflict with fundamental rules of labor law and undermines the rights of union members and employers alike. This Court should grant rehearing.

Here is the full draft filing:

Read More: Deflategate, roger goodell, Tom Brady,
Tom Brady’s lawyer confirms to ABC News that quarterback will appeal ruling at 9:01 am ET
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Tom Brady will continue his legal fight. (Andrew Burton/Getty Images)

Tom Brady will continue his legal fight. (Andrew Burton/Getty Images)

Ted Olson, one of several high-powered attorneys hired to represent Tom Brady, confirmed to ABC News on Monday morning that the quarterback will indeed appeal last month’s federal court ruling re-instating his four-game suspension.

“The facts here are so drastic, and so apparent, that the court should rehear it,” Olson told “Good Morning America.”

Olson lashed at NFL commissioner Roger Goodell, saying that he “completely ignored the schedule of penalties for equipment-related violations.”

Olson added: ”Our two primary arguments are that the commissioner in the first place conducted an investigation and then the commissioner imposed discipline. Then, the commissioner appointed himself as an appellate judge or an arbitrator — and then, decided something new in the appellate process, abandoning the grounds that were the original basis for the supposed discipline.

“That’s No. 1, and an appellate judge is supposed to look at the record and make a decision on the basis of what happened before. He departed from what happened before.

“Secondly, he ignored important provisions of the CBA about discipline that might be imposed for equipment violations. He departed from that completely and went off the track.”

Accordng to ESPN’s Adam Schefter, Brady’s team will petition to rehear the case “en banc,” meaning that it would be reheard before the entire 2nd Circuit court bench. Seven of the 13 judges would have to agree that an en banc session is the right decision before a hearing is held. If the en banc session isn’t granted, Brady and his legal team could take the case to the U.S. Supreme Court.

Read the rest of this entry »

Read More: Deflategate, Tom Brady,
Report: Tom Brady will file appeal Monday afternoon at 7:58 am ET
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Tom Brady’s legal team will file a petition Monday afternoon to rehear the Deflategate appeal, according to Adam Schefter of ESPN. Per Schefter, the petition will be to rehear the case “en banc,” meaning that it would be reheard before the entire Second Circuit court bench.

Monday represented the final day for the Patriots quarterback to file an appeal to his four-game suspension, which was overturned last month.

For more Patriots news, check out weei.com/patriots.

Read More: Deflategate, Tom Brady,
Monday is deadline for Tom Brady, NFLPA to appeal ruling at 7:28 am ET
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Monday represents a major deadline in Tom Brady’s legal battle with Roger Goodell and the NFL — it’s the final day for the Patriots quarterback to file an appeal to his four-game suspension.

Brady can ask for a hearing in front of the entire Second Circuit Court of Appeals, or he could ask for a rehearing in front of the same three-judge panel that reinstated Brady’s four-game suspension last month.

Regardless of their course of action, it seems fairly clear that Brady and his legal team intend to continue fighting the suspension in some form or fashion. While he has not commented publicly since the April ruling, Brady has added to his already impressive legal team on multiple occasions, a sign he is in it for the long haul.

For more Patriots news, check out weei.com/patriots.

Read More: Deflategate, Tom Brady,
Tom Brady adds to his defense team 05.19.16 at 8:27 pm ET
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Tom Brady’s team added another lawyer to the mix on Thursday, as multiple reports indicate that Thomas H. Dupree has been included as part of the quarterbacks’ defense team.

Dupree is a partner at the law firm of Gibson Dunn, the same firm that employs Ted Olson, who has also been retained by Brady and the NFLPA. Jeffrey Kessler is also already working the case.

According to his bio, Dupree has argued more than 70 appeals in the federal courts, including in all thirteen circuits as well as the United States Supreme Court. In addition. he “he played a substantial role in the successful representation of George W. Bush before the United States Supreme Court in Bush v. Gore, and represented Time Inc. and Time’s White House reporter Matthew Cooper in connection with the investigation into the leak of the identity of CIA operative Valerie Plame.”

Monday marks the deadline for Brady and his attorneys to file an official request for an en banc rehearing in the Second Circuit, one that could overturn his four-game suspension.

For more Patriots news, check out weei.com/patriots.

Read More: Deflategate, Tom Brady,
Eric Decker: Tom Brady suspension puts AFC East ‘up for grabs’ at 1:53 pm ET
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Jets wide receiver Eric Decker told NFL Network that a potential four-game suspension for Tom Brady would put the AFC East “up for grabs.”

Decker, speaking while at the NFL’s annual broadcast bootcamp from NFL Films, believes that the rest of the division could get a boost from Brady being sidelined the first four games of the season because of Deflategate.

“You’ve got to win your division games,” Decker said. “[But] with Brady being suspended four games, I think [that] makes the division up for grabs.”

For more Patriots news, check out weei.com/patriots.

Read More: Deflategate, Eric Decker, Tom Brady,
How Tom Brady can avoid 4-game Deflategate suspension to start 2016 season 05.17.16 at 11:31 am ET
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There's still hope Tom Brady won't miss any time to start the 2016 season. (Andy Marlin/USA Today Sports)

There’s still hope Tom Brady won’t miss any time to start the 2016 season. (Andy Marlin/USA Today Sports)

It’s been roughly three weeks since a federal court ruled Tom Brady must serve his four-game suspension for his role in Deflategate. Nothing new has happened with the case since, besides Brady and the NFLPA getting extra time to plan their next step.

There are still many questions with the case from a legal standpoint — the biggest being will Brady in fact miss the first four games of the season?

Pro Football Talk’s Mike Florio had a great breakdown of what is next for Brady. Here are some of the highlights:

— By Monday, Brady and the NFLPA will likely file a petition for a rehearing of the federal appeal. If the petition is granted, Brady likely will able to play the entire 2016 season as the full U.S. Court of Appeals for the Second Circuit hears the case.

— On the other hand, if the petition is denied, Brady and the NFLPA would need to take further action to delay the suspension and persuade the U.S. Supreme Court to consider the case.

— Brady and the NFLPA would need to ask the Second Circuit for a stay of the suspension while an appeal is prepared for the U.S. Supreme Court. If the request is denied, Brady and the NFLPA would then need to present to the full U.S. Supreme Court, but to the lone Supreme Court justice assigned to the Second Circuit.

— As it stands now Justice Ruth Bader Ginsburg is that person, which Florio says is good news for Brady as she typically sides with labor over management. She could be the key to the entire case as if she did issue a stay, Brady wouldn’t have to serve a suspension until likely 2017 at the earliest.

As always with this case, stay tuned.

Read More: Deflategate, Tom Brady,

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