Appeals court: QB Tom Brady must serve 'Deflategate' penalty

[mystery-ak]

http://bigstory.ap.org/article/b158b5b720a649729735921f4c959b41/appeals-court-qb-tom-brady-must-serve-deflategate-penalty

Appeals court: QB Tom Brady must serve 'Deflategate' penalty
By LARRY NEUMEISTER
Apr. 25, 2016 11:45 AM EDT

NEW YORK (AP) — A federal appeals court has ruled that New England Patriots Tom Brady must serve a four-game "Deflategate" suspension imposed by the NFL, overturning a lower judge and siding with the league in a battle with the players union.

The 2nd U.S. Circuit Court of Appeals ruled Monday in New York. The split decision by a three-judge panel may end the legal debate over the scandal that led to months of football fans arguing over air pressure and the reputation of one of the league's top teams.

It is also likely to fuel a fresh round of debate over what role, if any, the quarterback and top NFL star played in using underinflated footballs at the AFC championship game in January 2015. The Patriots won the contest over the Indianapolis Colts, 45-7, and then won the Super Bowl.

The appeals ruling follows a September decision by Manhattan Judge Richard Berman that went against the league, letting Brady skip the suspension.

NFL Commissioner Roger Goodell insisted the suspension was deserved.

The three judge panel sided 2-1 with the NFL, saying the league's discipline was properly grounded in the collective bargaining agreement and Brady was treated fairly. Chief Judge Robert Katzmann dissented.

"I am troubled by the Commissioner's decision to uphold the unprecedented four-game suspension," Katzmann said. "The Commissioner failed to even consider a highly relevant alternative penalty."

The appeals court settled the issue well before the start of the 2016 season, avoiding the tension built last year when Brady didn't learn until a week before the season that he would be allowed to start in the Patriots' opener.

At oral arguments in March, appeals judges seemed skeptical of arguments on Brady's behalf by the NFL Players Association.

Circuit Judge Denny Chin said evidence of ball tampering was "compelling, if not overwhelming" and there was evidence that Brady "knew about it, consented to it, encouraged it."

The league argued that it was fair for Goodell to severely penalize Brady after he concluded the prize quarterback tarnished the game by impeding the NFL's investigation by destroying a cellphone containing nearly 10,000 messages.

Judge Barrington D. Parker said the cellphone destruction raised the stakes "from air in a football to compromising the integrity of a proceeding that the commissioner had convened."

"So why couldn't the commissioner suspend Mr. Brady for that conduct alone?" he asked. Parker added: "With all due respect, Mr. Brady's explanation of that made no sense whatsoever."

Parker also was critical of the NFL at the arguments, saying Brady's lengthy suspension seemed at "first blush a draconian penalty."

[Lando Lincoln]

Incredible.  I'd have lost some considerable cha-ching on that ruling.

[sinkspur]

Why in hell are courts intervening in the disciplining  of an employee by a private company?

[sinkspur]

 
Jim Acosta
‏@Acosta
Pressing question will be answered at Trump rally today: Will Trump come to Tom Brady's defense today? #returnofdeflategate

[Leto]

Why in hell are courts intervening in the disciplining  of an employee by a private company?

Because Goodell lied about Brady's testimony, and he hired a firm to lie/ignore the ideal gas law. He also never bothered to inquire about the league executives who leaked false information about the amount of ball deflation which drove the narrative.

[jmyrlefuller]

Why in hell are courts intervening in the disciplining  of an employee by a private company?

Because Tom Brady couldn't handle being told no. So he went to the court and found a judge willing to force the league to do something the court really had no authority to do. Thankfully the appeals court put Brady in his place and, barring a total change of heart from SCOTUS, he'll have to serve the suspension.

Because Goodell lied about Brady's testimony, and he hired a firm to lie/ignore the ideal gas law. He also never bothered to inquire about the league executives who leaked false information about the amount of ball deflation which drove the narrative.

Brady destroyed evidence and tried to plead the fifth.

[Leto]

Because Tom Brady couldn't handle being told no. So he went to the court and found a judge willing to force the league to do something the court really had no authority to do. Thankfully the appeals court put Brady in his place and, barring a total change of heart from SCOTUS, he'll have to serve the suspension. Brady destroyed evidence and tried to plead the fifth.

Your statement is false, he turned over all the text messages to Goodell (which he had no right to, imagine your employer asking for access to your personal cell phone).

He never pleaded anything he testified that he had no knowledge of ball tampering and the science showed that nothing was done to any footballs.

[Leto]

NFLPA hires Ted Olsen to join the team defending Tom Brady.



Good move by the NFLPA should have done this earlier.

[sinkspur]

NFLPA hires Ted Olsen to join the team defending Tom Brady.



Good move by the NFLPA should have done this earlier.

This is ridiculous.  Courts have no business intervening in something that's between an employer and employee.  Brady should serve the suspension and go on with his very fortunate life.  He'll always carry the brand of cheater because that, in fact, is what he is.

[Wingnut]

Tom Brady deleting some air out of a few balls and he gets more time than Hillary Clinton for deleting her emails?



 

[Leto]

This is ridiculous.  Courts have no business intervening in something that's between an employer and employee.  Brady should serve the suspension and go on with his very fortunate life.  He'll always carry the brand of cheater because that, in fact, is what he is.

The science says nothing happened to the footballs. So you are factually wrong.