Tom Brady and the NFL head back to court over Deflategate
Wednesday 2 March 2016 16:47, UK
Deflategate will be back in the headlines on Thursday when the long-running legal battle between Tom Brady and the NFL heads back to the courtroom in New York City.
That is day when the NFL will have their appeal heard against Judge Richard Berman's decision to throw out Brady's four-game suspension last September.
The ban was originally handed down to the 38-year-old quarterback by the NFL for being "generally aware" of a scheme to deflate New England Patriots footballs before the 2014 AFC Championship Game against the Indianapolis Colts.
On Thursday, the United States Second Circuit Court of Appeals will hear lawyers from both sides argue over whether Judge Berman was correct to overturn the NFL's suspension.
When overturning NFL commissioner Roger Goodell's ruling, Berman found the league's basis for issuing the suspension was plagued by "several significant legal deficiencies," including a failure to notify Brady beforehand that his alleged conduct could be punished by suspension.
"The court finds that Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate footballs," Berman wrote.
Berman also said the Wells Report was not enough to justify the suspension and criticised Goodell for saying that Brady deserved the same penalty as a player who used steroids.
Thursday's hearing, which will be heard by three judges, will feature oral arguments from both sides outlining why Judge Berman's ruling should be overturned or upheld.
The league, which has hired former U.S. Solicitor General Paul Clement for this appeal, will argue Brady's suspension was unlawfully overturned.
The NFLPA will attempt to reinforce its argument that the league didn't objectively investigate the Deflategate case and then gave Brady an unfair, unprecedented punishment.
A decision in the appeal is not expected before the NFL Draft at the end of April but could be later in the summer as neither side in the case has asked for an expedited hearing. Last year both sides requested a decision before the regular-season opener, and Judge Berman granted that wish.
Depending on the outcome of this appeal, this saga could rumble into 2017 as either side will have the option of bringing the matter to the Supreme Court if it is unhappy with the outcome.
