Appeal from a judgment of the United States District Court for the
Southern District of New York (Richard M. Berman, Judge). Following an
investigation, the National Football League imposed a four‐game
suspension on New England Patriots quarterback Tom Brady. The
suspension was based on a finding that he participated in a scheme to
deflate footballs used during the 2015 American Football Conference
Championship Game to a pressure below the permissible range.
Brady requested arbitration and League Commissioner Roger Goodell,
serving as arbitrator, entered an award confirming the
discipline. The parties sought judicial review and the
district court vacated the award based upon its finding of fundamental
unfairness and lack of notice. The League has appealed.
We hold that the Commissioner properly exercised his broad
discretion under the collective bargaining agreement and that his
procedural rulings were properly grounded in that agreement and did
not deprive Brady of fundamental fairness. Accordingly, we
REVERSE the judgment of the district court and REMAND with
instructions to confirm the award.
Will the entire Second Circuit review? Will the US Supreme Court intervene? Either en banc or Supreme Court review are very rare.
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