Tom Brady Will Appeal-Fight with NFL Continues
Tom Brady will appeal the Second District Court decision that re-instated his four game suspension for Deflategate.
“The facts here are so drastic, and so apparent, that the court should rehear it,” Olson said.
Brady has requested an “en banc” hearing, where the full panel of judges hear the case, instead of a three-judge panel like the one that came down with a 2-1 decision against Brady in April. However, these en banc requests are rarely heard which means that the case could actually be taken up by the Supreme Court!
If the 2nd Circuit grants Tom Brady the en banc appeal he's requesting, he's essentially guaranteed to play the 2016 season based on timing
— Ian Rapoport (@RapSheet) May 23, 2016
— NESN (@NESN) May 23, 2016
Here are the reasons Brady’s legal team listed for granting rehearing. There’s not a whole lot of Football talk here:
I. The Panel Opinion Conflicts With Stolt-Nielsen And Bedrock Principles Of Labor Law By Approving An Award That Exceeded The CBA’s Grant Of “Appellate” Authority Over Disciplinary Decisions.
II. The Panel Opinion Conflicts With Boise Cascade And Other Decisions Holding That Vacatur Is Warranted Where An Arbitrator Fails To Address Critical Provisions In The CBA.
Brady’s legal team concluded the petition “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.”