Tom Brady Wins, NFL Loses 'Deflategate' Case
September 03 2015 - 03:00PM
Dow Jones News
A federal judge vacated the NFL's four-game suspension of New
England Patriots star quarterback Tom Brady on Thursday, giving him
a win in the so-called "Deflategate" legal saga that has consumed
the NFL for the past seven months.
The decision paves the way for the reigning Super Bowl winning
quarterback to start the season with his team next week. Brady did
not immediately comment, but the NFL said it will appeal the
decision.
Brady was accused by the NFL of having a role in a scheme to
deflate footballs during last year's AFC Championship game. A
report by lawyer Ted Wells said Brady was "generally aware" of the
scheme. Brady appealed the NFL's punishment, which was later upheld
by commissioner Roger Goodell. After Goodell's July ruling, Brady
took the case to federal court with a lawsuit.
Judge Richard Berman, in a New York court, seemed underwhelmed
by the NFL's arguments. Berman repeatedly pointed out during
settlement conferences that the NFL had little direct evidence
tying Brady to the deflated footballs.
"Based upon the foregoing and applicable legal authorities, the
Court hereby denies the Management Council's motion to confirm the
Award and grants the Players Association's motion to vacate the
Award, thereby vacating the four-game suspension of Tom Brady,
effective immediately," Berman wrote in the decision.
In a statement released Thursday afternoon, Goodell said that
the league respectfully disagreed with the nullification of the
suspension. "We will appeal today's ruling in order to uphold the
collectively bargained responsibility to protect the integrity of
the game," said Goodell.
Berman wrote that Brady had a lack of advanced warning on the
prohibited conduct and possible punishment. "Because there was no
notice of a four-game suspension in the circumstances presented
here, commissioner Goodell may be said to have 'dispense[d] his own
brand of industrial justice."'
He also said the league acted unfairly when they didn't make NFL
lawyer Jeff Pash available as a witness. In particular, Berman
ruled that the NFL's denial of the NFLPA's motion to produce
investigative files was "fundamentally unfair" and in violation of
a legal code. "Brady was prejudiced as a result," Berman wrote.
Berman had urged the sides to settle, but once the sides were
too far apart, he decided to hand down the decision Thursday.
"This decision should prove, once and for all, that our
Collective Bargaining Agreement does not grant this Commissioner
the authority to be unfair, arbitrary and misleading," NFLPA
executive director DeMaurice Smith said in a statement. "While the
CBA grants the person who occupies the position of Commissioner the
ability to judiciously and fairly exercise the designated power of
that position, the union did not agree to attempts to unfairly,
illegally exercise that power, contrary to what the NFL has
repeatedly and wrongfully claimed."
Patriots owner Robert Kraft, who has defended Brady since the
investigation began in January, said Thursday that Brady is "a
classy person of the highest integrity. He represents everything
that is great about this game and this league." Kraft stood down
from appealing the penalties against the organization, which
included a $1 million fine and the loss of two draft picks.
"Yet, with absolutely no evidence of any actions of wrongdoing
by Tom in the Wells report, the layers at the league still insisted
on imposing and defending unwarranted and unprecedented
discipline," Kraft said Thursday. "Judge Richard Berman understood
this and we are greatly appreciative of his thoughtful decision
that was delivered today."
The NFL's loss is another legal setback for Goodell, who has now
lost on handful of off-field incidents. In the 2012 "Bountygate"
scandal, in which New Orleans Saints players stood accused of
injuring opponents for cash rewards, all player suspensions were
vacated after Goodell appointed former commissioner Paul Tagliabue
as independent arbitrator. Former Baltimore Ravens running back Ray
Rice's year-long suspension was overturned by independent
arbitrator Barbara Jones on the grounds that it did not comply with
the collective bargaining agreement, since Rice was initially
suspended two games.
Write to Kevin Clark at kevin.clark@wsj.com
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(END) Dow Jones Newswires
September 03, 2015 14:45 ET (18:45 GMT)
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