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 A lawyer for the players' union faced tough questioning by a
three-judge panel in New York hearing an appeal by the National
Football League of a trial judge's reversal last September of the
suspension imposed by league commissioner Roger Goodell.
Jeffrey Kessler, the union's lawyer, argued in the 2nd U.S. Circuit
Court of Appeals that Brady had no notice that an equipment
violation could expose him to a suspension, and that Goodell did not
have "blanket authority" under the league's collective bargaining
agreement to impose it.
But U.S. Circuit Judge Robert Katzmann said as commissioner, Goodell
frequently faces "novel" situations like the deflated footballs, and
questioned why in those instances he could impose punishment for
conduct detrimental to the league.
"Isn't that why the language in the agreement gives the commissioner
broad authority for dealing with conduct detrimental?" he asked.
Brady, 38, had been suspended in May 2015, four months after
under-inflated footballs were used in the Patriots' 45-7 victory
over Indianapolis in January 2015's AFC championship game.
That win took the Patriots to the Super Bowl, where they defeated
the defending champion Seattle Seahawks, giving Brady his fourth
championship title.
The NFL suspended Brady after Ted Wells, a lawyer hired by the
league to investigate the incident, said Brady was "generally aware"
that two Patriots employees had conspired to deflate the balls,
which could make them easier to grip.
Goodell upheld the suspension on July 28, prompting the legal
challenge on Brady's behalf. Brady has denied knowing about any plan
to deflate footballs.
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U.S. District Judge Richard Berman in Manhattan overturned Goodell's
decision last Sept. 3. He said Brady "had no notice that his
discipline would be the equivalent of the discipline imposed upon a
player who used performance enhancing drugs."
Berman's decision allowed Brady to play the full 2015 NFL season.
The Patriots made the playoffs but did not reach the Super Bowl.
It is unclear how quickly the appeals panel could rule. Paul
Clement, the NFL's lawyer, urged the court to rule quickly to bring
finality to the dispute before the next football season begins in
September.
"It would be an awful shame if we have this issue hanging over the
league for another season," Clement said.
(Reporting by Nate Raymond in New York; Editing by Dan Grebler and
Grant McCool)
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