NFL launches Brady appeal process

AP

Two weeks after Judge Richard M. Berman overturned the Tom Brady suspension, the NFL has commenced the process of getting Judge Berman’s ruling overturned.

Via multiple reports, the NFL has made its initial filing of materials in support of the appeal, which technically began the same day Judge Berman issued his decision. But the “notice of appeal” is a one-page kick-start that sheds no light on the case; Thursday’s paperwork provides some insight regarding the league’s planned attack on the ruling.

As attorney Daniel Wallach explained to USA Today, the submission includes a statement by the NFL of the specific issues presented in the appeal. And, as Wallach notes both in the article and at his Twitter feed, the NFL has crafted the issues in a way that attempts to ensure the use of what’s known as “de novo” review for the entire appeal — which means that the judges in the appeals court would decide the case from scratch, without deferring to any of the factual findings made by Judge Berman.

Ultimately, the outcome of the appeal could hinge on the luck of the draw. With 22 judges assigned to the U.S. Court of Appeals for the Second Circuit, three will be randomly assigned to the case; if only two agree with the NFL’s position, the NFL will win.

Which could then result in further proceedings and appeals and, potentially, a final ruling after Tom Brady has retired.

75 responses to “NFL launches Brady appeal process

  1. ” the NFL has crafted the issues…”

    No surprise here. It is the battle between the league spin doctors and the truth.

  2. Sooner or later sanity will prevail over the lawyers. Unfortunately Goodell has no legal background and has abdicated his decisions to the hourly paid legal “experts”.

    I wonder if the NFL even sees that they are sitting on a long term time bomb. If the NFL does not win, how can they impose penalties on the Patriots. They are endangering their “off season” prime program – the draft. Wait for the Pats fans to picket the draft!

    Under normal contract law the reasonable expectations of the parties are usually considered. Did the NFLPA or any reasonable person expect the NFL to act in a clearly arbitrary and unsupported manner when they signed the CBA? Isn’t due process and fairness a reasonable expectation? The NFL is arguing that they are not constrained by either. How can that argument be accepted?

  3. NFL is just wasting money.
    If I was one of the owners I would read everything pertaining to the case. Then decide on whether to proceed. This is a lot of money, time and resources dedicated to alleged deflation of footballs of .02 .
    It’s cutting into the profits…. Now is it worth it?
    It is also making the NFL look silly.
    Let it go and let the fans enjoy football.

  4. With the facts not being in dispute, little deference will be paid to Judge Berman’s ruling. The standard of review will therefore not be abuse of discretion. Rather, the appellate court will exercise it’s own judgment as to how the law should have been applied. Essentially a second bite at the apple for the NFL.

    Which isn’t to say the league’s going to win, but it’s burden will be a lot less than if Judge Berman had been asked to make a number of factual findings instead of the stipulation of facts the parties essentially worked off of.

  5. The NFL over stepped their authority. Brady and the Pats cheated and got away with blaming Rouge ball boys who wouldn’t you know did this on their own Accord with no directions lol (sarcasm) and after the Pats blamed them the PATS then allowed and invited the same Rouge conspiracy equipment guys BACK TO THE TEAM??

    I don’t care about proof Brady did it hard to prove bc he wasn’t at the scene however the NFL needs to move on and let it go. They shouldn’t have handled the situation like such idiots.

    Now we get to act like the balls weren’t intentionally deflated and that they didn’t cheat bc half of these blow hards on here don’t understand the difference between someone being punished albiet unfairly And getting that overturned vs the team taking fines and draft picks as a punishment for cheating.

    Pats cheated but who really cares they won’t be punished bc the commissioner is a bonehead. To me it’s clear as day the Pats cheated if your going to allow the same accused suspects of cheating back onto the team that cost EVERYONE except themselves MULTIPLE MILLIONS OF dollars no damn sense.

  6. thenflzone says:
    Sep 17, 2015 10:28 PM
    As far as I’m concerned Brady won, he’s on the field. Nobody cares anymore
    ____________________
    Nobody cares yet you felt the need to comment

  7. It is more likely that Brady will be suspended near the end of the season. I hope not, I would prefer to defer the suspension until after he retires. He is an average QB. My preferred scenario is let him play and ban him from the Hall of Fame.

  8. The math proves Brady is innocent, no deflation occurred.

    T1 = 70F = 294K
    Locker-room temp was maintained at 71-74F as per the HVAC system settings (This is in Wells’ report).
    T2 = 50F = 283K
    Widely reported game temperature.
    P1 = 12.5psig = 27.2psia.
    Gauge pressure + atmospheric pressure (14.7psi) = absolute pressure.

    Apply Gay-Lussac’s law (P/T = k) for a state change.
    P2 = (P1*T2)/T1 = (27.2*283)/294 = 26.2psia
    26.2psia – 14.7psi = 11.5psig.

    Doesn’t even include the rain, which causes another .2 – 4psi drop.

    What did the 11 Pats’ footballs average at halftime per the logo gauge? 11.49psig. What was the average measurement of Jackson’s intercepted ball as measured by NFL Exec James Daniel using Jastremski’s gauge? 11.52psig.

    Check figure 22 from Exponent’s appendix in Wells’ report.
    It shows how the pressure of a cold ball in a warm room rises over time. This explains why the Colts’ footballs appeared to have experienced a lesser pressure drop than the Pats’. The Pats’ were measured, then inflated, then the Colts’ were measured. Pats were 12.5psig pre-game, Colts’ were 13.0.

  9. It appears that Goodell and the Owners are using the “Because we said so” legal argument

    Judge Berman, they assert, erred by now bowing down before Herr Goodell and affirming that truth, fairness and justice or the lack thereof are irrelevant

    Goodell and the Owners can do what they want, suspending players without any evidence – actually fabricating scandals and leaking false information to justify whatever outcome they desire – making a mockery of a fair hearing and arbitration process

    Ultimately it’s really the Congress they’re mocking – just about challenging them to take away their anti-trust exemption

    The Owners essentially believe they – and the NFL – are too big to fail now.

    They’re wrong

  10. allidoiswin55 says: The NFL over stepped their authority. Brady and the Pats cheated and got away with blaming Rouge ball boys
    ==============================

    So many factual errors in your post – it’s difficult to know where to start.

    If you are brave enough, watch 60 Minutes Sports deflategate interview with NY Law School Professor and Patriots Hater Robert Blecker illustrate just how corrupt the NFL Owners and Commissioner are

    Not only is there no evidence the footballs were even deflated – the actual PSI readings provide actual PROOF that they were NOT deflated.

    There’s really just no getting around that – you’ve had the wool pulled over your eyes and you’re only empowering a Commisioner and Owners who are unwittingly destroying the game we love

  11. The best thing about the wells report is where they mislead you on the length of each needle. Its crazy the nfl isnt being investigated for all the crap they pulled

  12. What a waste of tax payers money paid to these judges for such a stupid and trivial thing as deflating a football. The NFL and us fans should be ashamed for letting this happen. Somebody should sue the NFL to have them pay the salary of these judges as well as the courts time and expense. This is not justice but just a stupid witch hunt by an egotistical pro football commissioner who should be fired.

  13. laxer37 says:
    Sep 17, 2015 10:48 PM

    Tom Brady will eventually just be pardoned by his buddy President Trump.
    ————————————————-
    I love this!

    Truth is who the bleep cares any more.

  14. The tapped out gambler has just mortgaged the house for one more ridiculously long odds gamble: does that sound like a responsible leader?: Westlaw reports that Berman’s cases are reversed only ~ 9 pct. of time and this judge was VERY careful to bulletproof his ruling this time. Mostly a job- and face-saving attempt by Bad-dell, or to try to steer arbitration ‘reform’ negotiations with NFLPA in a way that results in absolutely nothing changing. The Orange Orca’s REAL agenda: As these appeals take months, there’s now NO chance of the two draft picks he stole from the Patriots (and his new worst enemy, Robert Kraft) to be rescinded. Haven’t the owners had enough of a Clown Criminal Commissioner? Hope Brady files his defamation of character law suit in the bye week.

  15. if and I mean if…the nfl does testing this year thai proves balls deflated naturally will all of you stupid haters dive up?
    I doubt that the nfl will release any info

  16. Right, because Berman apparently didn’t humble Goodell enough with his hilarious “Pash-Wells report” and “allegedly independent” quips in his ruling, he’s going back to the trough. Roger must be one of those fellas who pays a dominatrix to beat him up, what with the love he displays for pain and humiliation.

  17. I just to want to ask one question? Does anyone ever check the tire pressure in there car, bike, or any others tire they use on a daily basis? If not give it up, as it’s not that important!!!

  18. This appeal is not about Brady. It is about Goodell’s authority. Does he have the authority to fine or suspend anyone without proof of wrongdoing, without due process, without fairness? Can he throw your quarterback out of the league for life if he wants to? Judge Berman said no. NFL says yes.

  19. Did anyone ever measure any other balls in any other play off games? I would love to see a spread sheet provided by the NFL as to the pressure checks made for every playoff game too date? Provide that and they can be vindicated, if not leave it alone! Otherwise it’s a Patriots hater thing!

  20. Does the “de novo” review act both ways? I get that the NFL would want to have Berman’s decision kept from the process, but does it also open the NFL itself to being examined with a finer toothed comb? Would the NFLPA be within its rights to subpoena records of contact between the NFL and Ted Wells, for instance?

  21. Would love to have full transparency as to which owners are supporting and pushing this. I just can’t see any objective owner in the league wanting to drag this out more and spend more money in legal fees. At the end of the day, Goodell works for the owners and I actually don’t think he’s appeal unless a small handful of them weren’t chirping quite loudly in the background because their teams keep losing to the Pats.

  22. joenash72 says:
    Sep 17, 2015 10:54 PM

    Patriots vacate all of their ill-gotten titles.

    Brady Kraft Bellichek do time in prison.

    Only then will justice have been served

    —————————————
    joenash72 says:
    Sep 17, 2015 11:01 PM

    Cheaters should never be allowed to prosper….

    ——————————————-
    bvolke says:
    Sep 17, 2015 11:07 PM

    Brady cheated and got away with it. End of story.

    ———————————————
    Just the usual nonsense from the troll haters here in PFT. Their voices are getting tinier and tinier, since it’s been proven that Brady and the Pats didn’t cheat. Haters just can’t accept that the Pats are so much better than their pathetic teams, so they have to resort to idiotic comments like these. Sad, and pathetic.

  23. footballforlifetoo says:

    “Then it’s back to the cellar for bandwagon fans.”
    —————————————————
    Seriously? 15 years is a pretty long ‘bandwagon’ ride – more than half a life-time for anyone under 30.

  24. joesixpack, PSI doesn’t really matter, the issue is did Brady cooperate with the investigation and was the NFL able to suspend him for his non-cooperation.

  25. Florio says: if “only” two [out of 3 second curcuit judges] agree with the NFL’s position, the NFL will “win.”
    ———————+———————
    Win? The NFLPA could then ask the judge(s) to look into 3 aspects of the case Berman said he hadn’t yet needed to:
    1) if Goodell was “evidently partial” in arbitrating Brady.
    2) if Goodell’s claim of a “scheme” exceeded Wells’ report.
    3) if, as the CBA requires, Goodell could be a “reasonable” arbitrator after publicly praising Wells’ report?

    Only two? SI’s McMann points out Berman’s rulings are highly regarded and hardly ever overturned. Finding at least 2 is a tough ask. Even then, it’d go back to square one.

    So, years and years of the NFL casting aspersions without any evience – the last remaining weapon of the super-wealthy sore loser, short of hiring a hitman.

  26. Dukesearl – you find nothing suspicious about the NFL assuring Brady they didn’t want or need his personal cellphone in accordance with the CBA – only certain info they requested

    Only to have Brady show up at the appeal with the requested information – to find Goodell now demanding his cellphone and rejecting the requested information?

    Goodell himself refused to hand over his phone in the Ray Rice investigation

    And yet you write off that the evidence shows no deflation occurred – isn’t that why Brady was asked for his phone?

    So after all the documented Goodell dirty tricks and lies you want Brady suspended for not giving up the cell phone the NFL said they didn’t want – over footballs that weren’t deflated?

    The ability of some to delude themselves is amazing. Watch the 60 Minutes Sports deflategate investigation and you’ll be disgusted with Goodell and the Owners

  27. somewhere jeff kessler is waking up excited as a kid on christmas morning — he gets another chance to slap goodell around a courtroom, and the ultimate daisy red ryder air rifle is the effective deletion of the commissioner’s disciplinary powers from the cba by judge’s ruling/opinion.

    and somewhere chris mortensen reports 11 of 12 days of christmas are significantly underappreciated

  28. swagger52 says:
    Sep 18, 2015 7:50 AM

    I always believed that Bellichek was involved with this. There is likely more gained with less fumbles and interceptions.
    ————————

    That’s hilarious, because an interception was the catalyst for this whole fiasco.

  29. mark6330 says:
    Sep 18, 2015 7:08 AM

    Did anyone ever measure any other balls in any other play off games? I would love to see a spread sheet provided by the NFL as to the pressure checks made for every playoff game too date? Provide that and they can be vindicated, if not leave it alone! Otherwise it’s a Patriots hater thing!
    —————————–

    The NFL has never checked the air pressure of footballs during a game. IF they had, they would know that the air pressure changes due to temperature.

    They also don’t have any evidence whether or not the inflation level of a football correlates to an advantage. That was just an assumption by the NFL.

  30. dukeearl says:
    Sep 18, 2015 8:21 AM

    joesixpack, PSI doesn’t really matter, the issue is did Brady cooperate with the investigation and was the NFL able to suspend him for his non-cooperation.

    —————-

    he did cooperate, with the exception of turning over the exact text messages he received/sent. don’t forget, he turned over (eventually) all his emails, phone call history and history of text message phone numbers. but they didn’t get his actual text messages from his most recent phone, and there is no certainty they could have been retrieved from the phone had he turned it over (even though Wells didn’t want it).

    Further, he did turn over the phone he used up until Nov. 6 2014. Section IV (B) of the Wells report, titled ‘Communications About Inflation and Deflation’ starts on page 75 and runs through page 86, and documents 35 messages between Jastremski and McNally, all dating between 9/30/14 and 10/25/14. There are NO other text messages noted in this section. The phone Brady turned over was used during this time period.

    So the question is: What did they find on this phone? If they found something on it, surely it would have been questioned during the appeal hearing and/or noted in the appeal decision, right? Did they even bother to check this phone? If they didn’t, why not?

    I can’t imagine any circumstance upon which they would not have done a forensic analysis of that phone. It is more likely that they don’t talk about that phone because there was nothing on it to talk about.

  31. I have supported Goodell and the league in most of these discipline cases.
    Not any more.
    This witch hunt seems to lack evidence and integrity.
    NFL needs to let it go.
    They did not prove their case enough to fine Brady Millions of dollars by suspending him.

    Goodell has lost my support. He needs to go.
    Btw, I hate the Pats.

  32. rpahl13 says:
    Sep 17, 2015 11:26 PM

    The math proves Brady is innocent, no deflation occurred.

    T1 = 70F = 294K
    Locker-room temp was maintained at 71-74F as per the HVAC system settings (This is in Wells’ report).
    T2 = 50F = 283K
    Widely reported game temperature.
    P1 = 12.5psig = 27.2psia.
    Gauge pressure + atmospheric pressure (14.7psi) = absolute pressure.

    Apply Gay-Lussac’s law (P/T = k) for a state change.
    P2 = (P1*T2)/T1 = (27.2*283)/294 = 26.2psia
    26.2psia – 14.7psi = 11.5psig.

    Doesn’t even include the rain, which causes another .2 – 4psi drop.

    What did the 11 Pats’ footballs average at halftime per the logo gauge? 11.49psig. What was the average measurement of Jackson’s intercepted ball as measured by NFL Exec James Daniel using Jastremski’s gauge? 11.52psig.

    Check figure 22 from Exponent’s appendix in Wells’ report.
    It shows how the pressure of a cold ball in a warm room rises over time. This explains why the Colts’ footballs appeared to have experienced a lesser pressure drop than the Pats’. The Pats’ were measured, then inflated, then the Colts’ were measured. Pats were 12.5psig pre-game, Colts’ were 13.0.

    ———–

    if I may, I’d like to add that the Wells report says that the most likely field temperature at halftime was 48 degrees, because that is what was recorded at the weather station at the top of the stadium near the lighthouse. Not sure how that translates to a field temperature…..but such are the assumptions in the Wells report.

    Interesting thing to note, however, is that in Appendix 2 of Exponent’s report, they did “bathroom deflation” simulations. Three people deflated 13 balls each in a time frame similar to McNally’s bathroom encounter. The average ball deflation achieved by the three people were: .762psi, .772psi, and .747psi. The range of deflation for the 39 balls was .601psi to .974spi.

    As you noted, the estimated pressure of the colder balls would have been 11.50psi. Four of the Patriots’ balls tested above that, and one was exactly that. Based on Exponent’s simulations and the changes due to temperature, the balls should have been in the range of 10.50 to 10.90. Only one ball was within that range, at 10.90, the upper limit (least amount of ‘bathroom deflation’.

  33. If there is any justice in America, the suspension will happen later in the year. That being said, I’m not at all sure there is justice in America. The whole thing could have been better handled by the NFL, but the majority of Americans know the Pats cheated.

  34. “but the majority of Americans know the Pats cheated.”

    Are their more Pats Fans than Americans on PFT?
    (no their isn’t)

    I ask because it is clear that the opposite is true when you look at the Like Dislike counts on all these comments… They majority says the Patriots are not cheaters.

  35. Brady and Pats are 100% innocent in this case – the prior post describing air pressure Math is correct – no deflation ever took place.

    No factual basis to overturn Judge Berman. Continuation of this case will further expose Ted Wells as a fraud.

    On the field maybe PATS with Go WILT mode and hang a 100 on the COLTS?

  36. Yes yes YES! Let’s finally get the Deflator on the stand! He’s wriggled out so far thanks to Judge “avoid the topic of innocence or guilt” Berman.

    And now for something completely different.

    rpahl13 says:
    Sep 17, 2015 11:26 PM

    The math proves Brady is innocent, no deflation occurred.

    T1 = 70F = 294K
    Locker-room temp was maintained at 71-74F as per the HVAC system settings (This is in Wells’ report).
    T2 = 50F = 283K
    Widely reported game temperature.
    P1 = 12.5psig = 27.2psia.
    Gauge pressure + atmospheric pressure (14.7psi) = absolute pressure.

    Apply Gay-Lussac’s law (P/T = k) for a state change.
    P2 = (P1*T2)/T1 = (27.2*283)/294 = 26.2psia
    26.2psia – 14.7psi = 11.5psig.
    ———————————————-

    Impressive! You think now you could do an analysis of why the Steelers headsets mysteriously started working again whenever the league official would approach the Patriots bench to tell them they had to shut off their sets? Because with all the Pats’ fan scientific experts, I still can’t get a single answer.

  37. Just as a matter of score keeping here, if the NFL’s appeal in Brady and Peterson get overturned, does that put them at 0-7 or does the record stand at 0-5?

  38. ampatsisahypocrite says:
    Sep 18, 2015 12:57 PM

    Impressive! You think now you could do an analysis of why the Steelers headsets mysteriously started working again whenever the league official would approach the Patriots bench to tell them they had to shut off their sets? Because with all the Pats’ fan scientific experts, I still can’t get a single answer.

    ——-

    one of these days you might come to realize that nobody bothers to answer your questions any more because there is no answer that is good enough for you. you are like Goodell….when you get the response you move the goal posts.

    Frankly…..your questions aren’t worth the time it takes to answer. Just thought I would point that out to you since you seem oblivious to it.

  39. guypatsfan says:
    Sep 18, 2015 8:01 AM

    Just the usual nonsense from the troll haters here in PFT. Their voices are getting tinier and tinier, since it’s been proven that Brady and the Pats didn’t cheat.
    =======================================
    There was no proof the Pats didn’t cheat. Brady got off on a technicality. That’s all. Now the NFL will try to get that changed. I typed this in my tiny voice.

  40. @thehypocriteisahypocrite: you bash all things NE because, although you have zero real proof of any wrongdoing, you don’t believe them. Yet your sold on anything PIT claims without any proof. Yeah, I’d say hypocrite sounds about right.

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