What Legal Steps Will Tom Brady Take to Fight 4 Game Suspension?
Saturday, May 16, 2015
On Thursday, New England Patriots quarterback Tom Brady appealed a four game suspension given to him by the NFL for his presumed role in Deflategate, or conduct detrimental to the integrity of the game.
_728_485_90.jpg)
On Friday, the NFLPA demanded that Commissioner Roger Goodell withdraw himself from the arbitration process and sent a letter to NFL VP of Football Operations Troy Vincent that claims Vincent had no authority to be the one to set Brady’s punishment and that Goodell is the only with the authority to impose punishment.
So what does Brady do now?
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST“If he is successful in his appeal, it ends there,” said Attorney and GoLocalWorcester MindSetter AiVi Nguyen. “But I have a feeling that because Goodell is the one who picks the hearing officers, he may either make himself a hearing officer or stack the odds against Tom.”
According to Article 46 of the NFL/NFLPA Collective Bargaining Agreement, Goodell has the authority to choose the hearing officers for Brady’s case, ONLY after consultation with DeMaurice Smith, the Executive Director of the NFLPA.
If Tom isn't successful in the appeal, his only option is to sue in court,” said Nguyen.
Brady has hired Jeffrey Kessler as his attorney. As GoLocalWorcester reported earlier this week, most recently Kessler has represented both Ray Rice and Adrian Peterson for off the field issues that got them both suspended indefinetly. However, following their appeals, Kessler got both suspensions overturned and both players were reinstated.
“If you look at section 46 of the CBA, that lays out the administrative procedure. I would look at the context of their (Rice’s and Peterson’s) lawsuits to see exactly how they argue the CBA doesn't apply in their situation and that's why they had the right to sue in court. It will be a similar argument for Brady,” said Nguyen.
“The collective bargaining agreement is supposed to be the ONLY tool that the league uses to solve problems. Like it's meant to keep the courts out of it. So if Brady sues in court, one of his arguments must be that Goodell either violated the CBA so it doesn't apply or that Goodell didn't fairly apply the CBA to Brady as compared to others,” said Nguyen.
According the CBA, Brady’s appeal will be scheduled by the end of next week. Currently, both the NFL and the NFLPA are exchanging copies of exhibits that they will be using to make their case.
Related Slideshow: Kessler vs. NFL: Winning the Big Cases
_401_400_90.jpg)
_400_400_90.jpg)
_400_400_90.jpg)
_80_80_90_c1.jpg)
_80_80_90_c1.jpg)
_80_80_90_c1.jpg)
Related Articles
- Brady’s Agent Releases Statement on 4 Game Suspension
- NEW: Tom Brady Suspended 4 Games
- NEW: Tom Brady, NFLPA Officially File Appeal
- NEW: Tom Brady Addresses Wells Report
- NEW: Wells Report Released, Claims Patriots, Brady Cheated
- Finneran: Tom Brady, Blessed By An Angel
- April Fools From Tom Brady
- Tom Brady Throws Out First Pitch at Fenway
- Tom Brady Skips Trip to White House
- Brady’s Lawyer Has History of Winning Big Cases Against NFL
- Rodgers Outduels Brady—Packers Take 26-21 Victory
- 10 Memorable Brady vs Manning Moments
- Patriots Preview - Brady vs. Manning
- Brady, Belichick Have Lost Their Touch
- Scott Cordischi On Sports: Brady In Bunch For MVP
- Brady Leads Patriots Over Bills In AFC East Clash
- Brady Sings: “Those Balls Are Perfect”
- NEW: NFL Statement and Letters to Brady, Patriots Regarding Deflategate
- REPORT: Tom Brady to be Suspended by NFL
- The Brady Restructure — What It Means For Patriots
- How Good Was Tom Brady This Year?
- NFL Comparison: Brady Versus Luck
- NEW: Belichick Responds to Deflate Gate, Puts it on Brady
- Brady Responds To Deflate Gate, Claims No Knowledge
- NEW: Patriots Release Wells Report Rebuttal
- SNL Spoofs Deflategate, Provides Answer
- NEW: Belichick Discusses Patriots Internal Investigation Into Deflategate
- NFL Releases Statement on Deflategate
- Deflategate Media Day Brings More Questions Than Answers
- Robert Kraft Addresses Deflategate In Surprise Press Conference
- Deflategate Mocked in Hilarious Scarface Spoof
- NEW: Robert Kraft Statement on Deflategate Punishment
- Patriots Gronkowski Responds to Deflategate
- President Obama Welcomes Patriots, Cracks Deflategate Joke
- WATCH: Belichick Talks Deflategate with Letterman
