On Friday, Tom Brady and the NFLPA filed an Answer and Counterclaim in the New York federal court action initiated by the NFL to "confirm" the arbitration award rendered by Commissioner Goodell, which upheld Brady's four-game suspension arising out of Deflategate. This 54-page document lays out the NFLPA's legal arguments as to why Goodell's ruling should not be "confirmed" and, specifically, why it should be "vacated." It's a great piece of writing by Jeffrey Kessler and his team, and I believe it makes a compelling case to vacate Goodell's ruling, especially on the "no-notice" grounds, which have (in my view) constitutional dimensions similar to the Adrian Peterson and Ray Rice cases.
If you don't have access to PACER or just simply do not feel like slogging through a 54-page document, I have outlined the legal arguments raised by Brady and the NFLPA in their Answer and Counterclaim (which is the "mirror image" of their petition to vacate recently filed in Minnesota). I've basically streamlined their document into a much shorter outline, with some of my own thoughts mixed in (particularly those which relate to what I see as "constitutional-level" violations, as well as a discussion of the applicable standards of review). Click here for the outline. Hope you enjoy it.
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