Depending on who you speak to, New England Patriots quarterback Tom Brady either stands no chance in federal court or should prepare to play every snap of the 2015 NFL season. At least one lawyer who has litigated against the NFL believes Brady’s four-game suspension will be overturned.
Alan Milstein, an attorney with NFL courtroom experience who has been consulted on issues involving Sport Law, believes Brady and the NFL Players Association have a strong case against the NFL. In a story on his blog that contains a lot of legal jargon, Milstein predicted that the NFLPA will find success arguing that Roger Goodell was not an impartial arbitrator, which would be grounds for a federal court to vacate an arbitration ruling.
Milstein also believes Brady is actually better off in a New York courtroom than he would have been in Minnesota. His reasoning has to do with using “manifest disregard of the law” as a reason for vacating an arbitration award. The Eighth Circuit, which includes Minnesota, has been inconsistent with such rulings. The Second Circuit, which includes New York, recognizes “manifest disregard of the law” as grounds for overturning an arbitration ruling.
What would the law be that the NFL disregarded? As the NFLPA noted in its filing, the policy the league applied to Brady in determining his punishment “only covers teams and team executives, not players.” It also carries a base fine of $25,000.
And, remember, former NFL commissioner Paul Tagliabue ruled in 2012 that suspensions to several New Orleans Saints players should be overturned because no player has ever been suspended for obstructing an investigation. That could help with the issue of Brady allegedly destroying his cell phone, even if Brady’s excuse was a bit difficult to believe.
H/T Michael McCann
