Tom Brady
Tom Brady
Report: Brady case judge once vacated ruling over CBA violation
Published
Sep. 1, 2015 12:02 p.m. ET
foxsports
By Ricky Doyle
ESPN’s Josina Anderson learned Tuesday morning of an “interesting nugget” reflated to Deflategate. Could it also be a significant nugget?
U.S. District Court Judge Richard Berman is expected to rule on Tom Brady’s four-game suspension appeal either Tuesday or Wednesday after the New England Patriots quarterback and the NFL failed to reach a settlement before Monday morning’s hearing.
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While it’s difficult to predict how Berman will rule, a source from Brady’s camp told Anderson that Berman recently vacated an arbitration award “for violating the essence” of the NFL’s collective bargaining agreement. That seemingly bodes well for Brady.
Anderson explained in the following Facebook post.
A Tom Brady camp source gave me this interesting nugget this am. 1 of the 19 cases cited by Brady's camp in a recent memo to Judge Richard M. Berman ---NYC v. Association of Wall-Ceiling & Carpentry Industry of N.Y., Inc. ---was ruled on by Judge Berman himself within the last four months.
The Brady camp source expressed surprise, that in their mind, many in media have not picked up on the fact that Judge Berman himself ruled on the aforementioned case and more importantly vacated the arbitration award "for violating the essence of the CBA," according to the Brady camp source.
The source added, "which is the same as our first two grounds here [**see below]. (Judge Berman) did not find deference was required where the essence of the CBA is violated by the award." Adding, "I think this is significant because it shows how Judge Berman feels about the argument that courts never overturn arbitrators."
The Brady camp source noted this, given all the talk on how courts, in general, don't favor a determination to throw out arbitrator rulings.
Asked when they think Judge Berman will make a decision here:
"I think (Tuesday) is a possibility," the source said. "People are reading tea leaves. The Judge didn’t say anything or indicate whether it would be Tuesday or the next day. But it will be Tuesday or the next day. I don’t think it is going to be later than that."
When I asked which of their arguments do they feel is the strongest, the Brady camp source said, “I think all four of our arguments are strong. It would not surprise me if we win on all four. It's not like we have a really good one and then the other ones are not so good. It’s one of the reasons why I think we have such a good chance of winning because we only have to win on one of the four, but I think they are all very good. [**] The first one is on no notice; two, is no standards for testing the balls; three, is evident partiality and four is on fundamental fairness of the process...I have a lot of confidence in this Judge. I think he is a very good Judge.”
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