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'Deflategate' appeal over Brady in NFL may be heard in February 2016

Tom Brady has been in fine form for the New England Patriots
Image: Tom Brady has been in fine form for the New England Patriots

The NFL's appeal of a ruling overturning Tom Brady's 'Deflategate' suspension may be heard as early as February 2016, according to a court filing.

Tuesday's decision from the 2nd US Circuit Court of Appeals in New York all but ensures that the New England Patriots quarterback will not be barred from any games this season, including the play-offs.

The court granted a request from the NFL and its players union for an expedited appeal, saying it will schedule oral arguments as early as the week of February 1.

The Super Bowl is scheduled to be played on February 7, raising the possibility that the case could generate headlines just days before the NFL's premier event - particularly if Brady and the Patriots, currently 3-0, are playing for a second consecutive title.

Brady throws another touchdown pass for the Patriots
Image: Brady throws another touchdown pass for the Patriots

But it is highly unlikely the court would make an immediate ruling. Typically, the court takes months to issue a decision.

US District Judge Richard Berman in August vacated Brady's ban for his alleged role in a scheme to deflate footballs used in a January play-off game, saying the league's disciplinary process was legally flawed.

The NFL declined to comment, while the players union and the Patriots did not immediately respond to requests for comment.

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Brady has been impressive in the early part of the season, throwing for nine touchdowns, more than 1,100 yards and no interceptions through three victories.

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He was initially suspended over the footballs used in the Patriots' 45-7 postseason victory against the Indianapolis Colts that sent them to the Super Bowl, where they defeated the Seattle Seahawks 28-24.

In May, Ted Wells, a lawyer hired by the NFL to investigate, found it was "more probable than not" that Brady was "generally aware" two low-level Patriots employees had conspired to let air out of the footballs, which can make them easier to grip.

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