The New England Patriots are rumored to be getting Tom Brady back much sooner than expected.
The All-Pro quarterback is still locked in a legal battle over his four-game suspension regarding the DeflateGate scandal, in which the league found that the Patriots illegally deflated balls to below league standards. A report compiled by investigator Ted Wells found that Brady more than likely knew of the scheme, and commissioner Roger Goodell responded with a four-game suspension.
But now that penalty is before a federal judge, who has been hammering the NFL in recent hearings. There are now growing rumors in the legal community that Tom Brady and the New England Patriots will be winning the case.
Lawyer Daniel Wallach said looking at the case that it is clear Judge Richard Berman will be siding with Tom Brady, YardBarker noted.
How can you read this transcript and not come away thinking Brady has already won? Berman is not playing devil’s advocate here. He means it.
— Daniel Wallach (@WALLACHLEGAL) August 23, 2015
Do I even have to read the remainder of the transcript? It’s over. Brady is winning this (at least on the district court level)
— Daniel Wallach (@WALLACHLEGAL) August 23, 2015
But not everyone is in agreement. In an article for ESPN published last week, legal analyst Lester Munson said Berman doesn’t have the authority to overrule the league’s collective bargaining agreement.
“The strength of the NFL position in the litigation is indisputable,” Munson wrote. “It is based on powerful legal precedents that severely limit a federal judge’s review of an arbitration decision.”
But Munson also believes that Berman is putting big pressure on both sides to resolve the matter on their own so he doesn’t have to make what would be a controversial ruling.
“Simply put, he’s trying everything he can to get this thing resolved out of court and is not afraid to look bad — or sometimes even one-sided — by doing so.”
Some believe Berman does have that authority to overrule the suspension if he wanted.
“Judge Berman has the authority to vacate the award if it fails to ‘draw its essence’ from the CBA, such that the arbitrator imposed ‘his own brand of industrial justice,’” wrote Massachusetts attorney James M. Lynch.
Whatever happens, the New England Patriots appear to be preparing as if Tom Brady will be on the field for the team’s first game. Coach Bill Belichick has started Brady is each of the team’s first two preseason games, making it clear that he is moving forward as if Brady will be playing.
[Picture by Stacy Revere/Getty Images]
