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The Second Circuit upheld Tom Brady’s suspension for the first four games of the new season and overturned the district court’s ruling.  The court ruled the arbitrator’s award was valid and should not be disturbed.

Judge Parker, writing for the majority, stated, “Our role is not to determine for ourselves whether Brady participated in a scheme to deflate footballs or whether the suspension imposed by the Commissioner should have been for three games or five games or none at all. Nor is it our role to second-guess the arbitrator’s procedural rulings.”  He continued, “Our obligation is limited to determining whether the arbitration proceedings and award met the minimum legal standards established by the Labor Management Relations Act.”

Courts are loathe to upend an arbitrator’s decision, unless for example, there was some type of fraud or corruption on the part of the arbitrator. The parties agree by contract to arbitration in lieu of bringing their case to court.

Brady can appeal to the entire Second Circuit (en banc) and to the United States Supreme Court, however, his chances either take the case are slim.

The opinion can be found here: http://www.ca2.uscourts.gov/decisions/isysquery/98c62698-d29a-4b91-98a0-5a5af0c19e88/1/doc/15-2801_complete_opn.pdf

Posted by Kyle Chapman.

On January 18, 2015, the New England Patriots played the Indianapolis Colts in the AFC Championship. The Patriots would go on to win the game, but a massive legal controversy would follow in the aftermath of the game. Reports arose after the game that the Patriots had used footballs inflated below regulation towards their advantage during the game. Using footballs against regulation is a very consequential action and the National Football League was not happy with the reports one bit. A massive investigation and legal battle between the Patriots and the NFL would ensue.

A few days later, the NFL assigned Manhattan attorney, Ted Wells, to get to the bottom of the situation. The case was receiving heavy media coverage and had the Patriots’ public image in hot water. Nobody from the organization admitted to being aware of the apparent cheating and denied any involvement. The investigation was completed on May 6, 2015 with a 243 page investigative report known as “The Wells Report.”

The Wells Report appeared to have the Patriots caught red-handed. A very important aspect of the report came from scientific analysis provided by Exponent, which claimed that no set of environmental or physical factors could’ve accounted for the air loss shown in the balls. This meant that the air loss were the actions of people, and accused locker-room attendant Jim McNally and equipment assistant John Jastremski as the culprits. There were several text messages between that reference inflation, deflation, and needles. The texts suggest that Patriots quarterback, Tom Brady, was aware of their actions, but the coaching staff was unaware. The investigation concluded that it was “more probable than not,” that the Patriots equipment personnel had broken the rules.

The NFL decided to suspend Tom Brady for four games and give the Patriots a $1 million fine while stripping them of draft picks. Brady pursued an appeal on his suspension and began a long legal battle with the NFL. He felt falsely accused and very harshly punished. After a long battle, on September 3, 2015, a settlement was reached and the suspension was taken away, with a claim that Brady had a lack of fair due process.

I think the situation could’ve been handled much better than it was. For starters, the media had completely scrutinized the scandal and blew it out of proportion. I think it pinned Brady and the Patriots in guilty before proven innocent image, even though there wasn’t much evidence at all that showed their involvement in the scandal. There were also leaks of false evidence early on that made the Patriots appear guilty.

The NFL has been in hot water lately with legal situations and I think this whole case hurt their image.

Kyle is a management major at the Stillman School of Business, Seton Hall University, Class of 2019.