Judge sides with Brady, NFL appeals
NEW YORK — Tom Brady learned Thursday he will start the season on the field after a judge lifted the league's four-game suspension of the star quarterback for a scandal over deflated footballs, saying he was treated unfairly by NFL Commissioner Roger Goodell. The league quickly appealed.
U.S. District Judge Richard M. Berman criticized Goodell for dispensing "his own brand of industrial justice" as he found multiple reasons to reject the suspension one week before New England's Sept. 10 opener against the Pittsburgh Steelers.
The Super Bowl MVP has insisted he played no role in a conspiracy to deflate footballs below the allowable limit at last season's AFC championship game, a 45-7 rout of the Indianapolis Colts.
The judge cited "several significant legal deficiencies" in the league's handling of the controversy, including no advance notice of potential penalties, a refusal to produce a key witness and the apparent first-ever discipline of a player based on a finding of "general awareness" of someone else's wrongdoing.
"Because there was no notice of a four-game suspension in the circumstances presented here, Commissioner Goodell may be said to have 'dispensed his own brand of industrial justice,'" Berman wrote, partially citing wording from a previous case.
He said a player's right to know what constitutes violations and what penalties are was "at the heart" of the collective bargaining agreement "and, for that matter, of our criminal and civil justice systems."
"The court finds that Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others," the judge wrote.
Goodell said it was necessary to appeal "to uphold the collectively bargained responsibility to protect the integrity of the game."
He called the need to secure the game's competitive fairness "a paramount principle."
Hours after Goodell issued his statement, the league appealed to the 2nd U.S. Circuit Court of Appeals in Manhattan with a one-page notice from NFL attorney Daniel Nash.
NFL spokesman Brian McCarthy said the league would not seek an emergency stay, freeing Brady to play while the case is appealed. It could be months before the court considers the case, since the league would have to show it would suffer irreparable harm to speed up the timetable.
Goodell will also skip the Steelers-Patriots opener next week, opting instead to watch the game on TV and attend another opener over the weekend, McCarthy said. McCarthy said Goodell wants the focus to be on the game itself and New England's celebration of its Super Bowl win.
The union's executive director, DeMaurice Smith, said in a statement the ruling proves the contract with the NFL doesn't grant Goodell "the authority to be unfair, arbitrary and misleading."
Berman said the league was wrong to discipline Brady as if a deflating ball accusation was equal to using performance enhancing drugs.