Tom Brady files DeflateGate en banc appeal petition
Patriots QB Tom Brady's lawyers have officially filed a request for an en banc hearing to appeal Brady's four-game DeflateGate suspension.
Brady's team of lawyers, led by former U.S. Solicitor General Ted Olson, had until Monday to file the appeal of the U.S. Second Circuit Court of Appeals in New York after the Court's previous 2-1 ruling to reinstate Brady's four-game suspension by the NFL for being generally aware of deflating football's in the 2015 AFC Championship Game.
In order to have the request for a new hearing heard, 7 of the 13 active judges in the 2nd Circuit will have to agree to take the case. If that doesn't happen, Brady's last recourse will be to petition the US Supreme Court.
Both the NFLPA and Brady's lawyers released statements after the filings:
NFL Players Association Executive Director DeMaurice Smith: “This Union has always stood for protecting the rights of our members. Our filing of this appeal today on behalf of Tom Brady and all NFL players is no different. He was not afforded fundamental fairness and due process as guaranteed by the collective bargaining agreement and case law. We also know that the NFL propped up a now completely de-bunked ‘independent’ report with a made-up standard as the basis for his suspension. For sixty years we have affirmed the right to seek redress for our members and we will always hold the NFL accountable.”
Former US Solicitor General and Gibson, Dunn & Crutcher Partner Theodore Olson: “The divided panel of the Second Circuit reached erroneous legal conclusions under an unfair and unjust standard. The decision and the standards it imposes are damaging and unfair — not only to Tom Brady — but to all parties to collective bargaining agreements everywhere. Commissioner Goodell cannot sit as an appellate arbitrator and then affirm the league’s initial disciplinary decision based upon a new theory and imagined evidence and pretend to be an unbiased decision-maker.”
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