Tom Brady Wins Deflategate Lawsuit vs. NFL, Has 4-Game Suspension Overturned

Tom Brady did not get the result he wanted from the NFL regarding his appeal of a four-game suspension stemming from deflated footballs used in last season's AFC Championship Game, so he took his fight to court and won, with Judge Richard Berman nullifying the ban.

Continue for updates.

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Judge Overturns Ban After Sides Fail to Reach Settlement

Thursday, Sept. 3

The Associated Press and Adam Schefter of ESPN both reported on Berman's decision to overturn Brady's four-game suspension.

On Aug. 31, Stephen Brown of the New York Daily News passed along word of the failure to strike a deal, with Berman saying, "The parties tried quite hard I think," during Monday's proceedings, per Brown.

"In some cases [a settlement] doesn't happen," Berman said, via Brown. "This is one of those cases."

"NFL never made formal settlement offer, but indicated willing to cut suspension to 3 games if Brady admitted DeflateGate guilt," reported Gary Myers of the New York Daily News.

On Sept. 1, ESPN's Josina Anderson reported a Brady source was confident the result would come down in his favor. 

"I think all four of our arguments are strong," the source said when Anderson asked which of Brady's arguments was the strongest. "It would not surprise me if we win on all four. It's not like we have a really good one and then the other ones are not so good."

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Brady's Lawyer Files Letter Responding to League's Letter Regarding Arbitration

Tuesday, Aug. 25

Max Stendahl of Law360.com passed along a copy of the letter Brady's attorney, Jeffery Kessler, filed in court after the league filed their own letter regarding the quarterback's appeal: 

On Aug. 24, Dan Werly, a sports attorney and litigator, passed along a copy of a letter from the NFL, which was in response to cases presented by Brady, documenting 19 cases overturning arbitration:

Werly provided context for the NFL's decision by pointing out Brady submitted 19 cases overturning arbitration at an Aug. 19 hearing. Werly said that "The letter is NFL's response, says extraordinary circumstances not present," and also noted that there was no deadline to file this response Monday, but the NFL "apparently thought it deserved an opportunity to respond" to those cases.

Werly also summarized the main arguments behind the NFL's letter: 

Out of all of the NFL's points, Werly shared what he thought was the league's strongest argument:

Brady "could move to strike the letter," according to Werly, but the sports attorney does not think he would succeed because Judge Berman will probably at least consider the NFL's arguments.

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Conflicting Reports Surround Brady 's Mindset on Suspension

Wednesday, Aug. 19

"Brady is open to accepting some form of suspension, but only if it can be for failing to cooperate with the NFL rather than admitting to the Wells report findings, per league sources," Schefter reported.

"The NFL has been adamant that Brady admits to the report's findings, something he doesn't seem willing to ever do," he added. Settlement discussions have gone "nowhere," according to Schefter's sources, and court proceedings are set to resume.

However, Rapoport painted a different picture, noting sources told him the signal-caller was still unwilling to accept any suspension in a potential settlement. 

Breer echoed those sentiments, saying the two sides were hung up on whether Brady was guilty of what was alleged in the case.

Bleacher Report's Jason Cole added league owners would be willing to accept a reduced suspension as well:

Brady was in New York for Deflategate settlement talks, but with "no progress" made, he rejoined the Patriots at practice on Aug. 18, according to Tom Pelissero of USA Today.

Pelissero previously reported Brady planned to attend Wednesday's hearing.

The NFL declined to comment on who would attend the hearing on its side, per Pro Football Talk.

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Judge Berman Comments on Goodell's Objectivity; Orders Commissioner, Brady to Appear in Court if Settlement Not Reached

Wednesday, Aug. 19

"If Judge Berman was critical of NFL last week," Schefter said, "He was even more critical today. Questions of fundamental fairness and evident impartiality."

"There is a bit of a quantum leap from the finding of Mr. Wells to the finding of Mr. Goodell," Berman said in reference to the jump from general awareness of footballs being deflated to a plan to deflate them, per Stephen Brown of the New York Daily News. Berman continued, saying Brady's "general awareness" didn't refer specifically to the AFC Championship, noting the connection was "conspicuously absent" from Ted Wells' report, according to Brown.

Brown passed along an interaction between Berman and NFL lawyer Daniel Nash: 

Andrew Brandt of ESPN cautioned not to read much into Berman's grilling of the NFL, noting the judge's goal was not to rule, but to convince the sides to reach a settlement.

Earlier in the day, SportsCenter reported Berman ordered Roger Goodell and Brady to appear in court on Aug. 31, if the two sides couldn't reach a settlement before then. 

Larry Neumeister and Tom Hays of the Associated Press noted Berman hopes to have a decision on Brady's appeal by Sept. 4, but added a settlement is a "logical and rational option" for the dispute.

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NFLPA Files Opposition Brief to NFL's Brady Motion

Friday, Aug. 14

Breer passed along details of the NFLPA's opposition brief to the league's motion to confirm Brady's suspension: 

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Daniel Nash, Berman Comment on Brady's Deflategate Role

Wednesday, Aug. 12

"Is there a text in which Mr. Brady instructs someone to put a needle in a football? No there is not such direct evidence," said lawyer Daniel Nash, via Brown.

Nash went on to say, per Brown, there's no denying Brady was afforded every right given to him under the NFL's CBA. Nash did admit some evidence points to Brady's knowledge, but also noted Ted Wells' role as an independent is a "red herring."

Judge Berman, per Brown, said it "would be hard to imagine a QB…(not knowing a ball is deflated). He's the one who throws the ball."

He also noted on the subject of a conspiracy against the Patriots: "You have to show that conspirators intended to be in the conspiracy...Is there a meeting?" Overall, Berman said he's having trouble finding a conspiracy.

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NFLPA Refiles Lawsuit in Manhattan Following Judge's Order

Tuesday, Aug. 4

Mike Garafolo of Fox Sports confirmed the news, adding it included the transcript from Brady's testimony from the appeal.

On July 30, Breer first reported the NFLPA planned to refile the suit in New York court. The decision came after Daniel Kaplan of SportsBusiness Journal reported a Minnesota judge ordered the NFLPA suit be transferred to a Manhattan court, where the league first filed its motion to ratify Brady's punishment.

Garafolo passed along U.S. District Judge Richard Kyle's comments on the decision:

On July 29, the NFLPA formally filed an appeal for Brady in the U.S. District Court of Minnesota to vacate the four-game ban the NFL has imposed on the Patriots QB, per NFLPA.com. "By pursuing this petition, our union is protecting the rights of Tom Brady and of every NFL player past, present and future," the union said in its statement.

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Cole: NFL Won't Make Deal Without 1-Game Suspension as Parties Look to Resolve Issues Out of Court 

Tuesday, Aug. 4

Jason Cole of Bleacher Report noted the league's stance as the two parties try to come to a resolution:

On July 30, Berman asked both the NFLA and NFLPA to "tone down rhetoric" regarding the case and attempt to resolve their differences without litigation, according to ESPN.com.

Berman added, "If they have not already done so, the parties and counsel are directed forthwith actively to begin to pursue a mutually acceptable resolution of the case."

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Advance Notice of Punishment Part of NFLPA's Argument for Brady

Wednesday, July 29

Garafolo reported the four allegations of Brady's lawsuit are no advance notice of punishment, not fair and consistent punishment, unfair appeal and Roger Goodell being partial to the decision. Breer added from the suit, "by its own terms, the Competitive Integrity Policy applies to Clubs—not players. "

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Kraft, Belichick Comment on Suspension

Wednesday, July 29

Patriots owner Robert Kraft said he was "wrong to put my faith in the league," and that he regretted not taking the league to court, per CBS Boston. "Personally," Kraft said, "this is very sad and disappointing to me." Noting this would be his last comment until the matter is settled, the owner continued:

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In light of yesterday's league ruling, I felt it was important to make a statement today prior to the start of training camp. The decision handed down by the league yesterday is unfathomable to me. It is routine for discipline in the NFL to be reduced upon appeal. In the vast majority of these cases, there is tangible and hard evidence of the infraction for which the the discipline is being imposed, and still the initial penalty gets reduced. Six months removed from the AFC Championship Game, the league still has no hard evidence of anybody doing anything to tamper with the PSI levels of footballs. I continue to believe and unequivocally support Tom Brady.

I, first and foremost, need to apologize to our fans, because I truly believe what I did in May, given the actual evidence of the situation and the league's history on such matters, would make it much easier for the league to exonerate Tom Brady. Unfortunately I was wrong.

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Belichick followed Kraft on the podium, and was less willing to talk about the scandal. "Robert took care of the other situation," Belichick said, per Jeff Howe of the Boston Herald. "Tom had a statement. There's nothing to talk about there."

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Brady Legal Battle May Not Play Out This Season

Wednesday, July 29

Rapoport noted Brady and the NFLPA have two possible options for his legal battle with the league; "fast-track it with an injunction or slow-play, keep it going until after the season."

The NFL asked the federal court to confirm Brady's suspension in a complaint filed in Manhattan, according to Scott Soshnick of Bloomberg News, who explained its importance:

Garafolo reported Judge Berman was assigned to the NFL's case on July 29. Judge David Doty ruled against the NFL in February when he reinstated Minnesota Vikings running back Adrian Peterson, saying essentially the league was making up punishment for players as it went along.

On July 29, Rapoport noted the Patriots believe Brady's legal challenge will work, and he'll ultimately wind up on the field early in the season. 

Bleacher Report's Jason Cole reported players are dismayed the union is defending Brady:

According to the official release by the NFL explaining the decision to uphold Brady's four-game suspension, per NFL Network's Rand Getlin, Goodell explicitly emphasized a cellphone the New England quarterback destroyed before meeting with Ted Wells:

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On or shortly before March 6, the day that Tom Brady met with independent investigator Ted Wells and his colleagues, Brady directed that the cellphone he had used for the prior four months be destroyed," the release states. "... The destruction of the cellphone was not disclosed until June 18, almost four months after the investigators had first sought electronic information from Brady.

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Per Ben Volin of the Boston Globe, Brady explained during the appeal that he or his assistant routinely destroys cellphones when he gets a new one, and he provided records indicating the cellphone that the league asked to see was given to his assistant "to be destroyed on or about March 6."

Volin also reported Goodell gave Patriots employees Jim McNally and John Jastremski an opportunity to speak at the appeal hearing, but the NFLPA declined to call them as witnesses.

As things currently stand, Brady will be eligible to return for New England's game on Oct. 18 against the Indianapolis Colts. His appeal in court could change that, either via a fast track or by prolonging a hearing until after the season. 

The Patriots will open the 2015 season on Sept. 10 against the Pittsburgh Steelers. Even though the NFL has offered its verdict on the matter, this is far from being over. Brady has remained steadfast in his belief he did nothing to break the rules and is taking this case as far as he can to prove it.