Tom Brady's Lawyer Responds to NFL's Letter Refuting Deflategate Case Examples

Mike Chiari@mikechiariFeatured ColumnistAugust 25, 2015

New England Patriots quarterback Tom Brady (12) warms up before an NFL football game against the New Orleans Saints in New Orleans, Saturday, Aug. 22, 2015. (AP Photo/Bill Feig)
Bill Feig/Associated Press

The carousel of denial regarding the Deflategate case involving New England Patriots quarterback Tom Brady continued Tuesday as his lawyer sent in a letter to New York federal judge Richard Berman insisting that a previously submitted list of overturned decisions is relevant to the case.  

As seen in this tweet, courtesy of Max Stendahl of Law360, attorney Jeff Kessler sent the letter on Brady's behalf in an attempt to discredit the NFL's handling of the Deflategate case:

Max Stendahl @MaxStendahl

Here's the full text of letter today by Brady's lawyer Jeff Kessler. http://t.co/ttMerDsrLn

In the letter, Kessler claimed the NFL violated the Collective Bargaining Agreement in its own right, which is what the league has used as the basis of confirming Commissioner Roger Goodell's authority on the matter.

The four-time Super Bowl champion quarterback was suspended four games for his alleged role in the deflating of footballs prior to the AFC Championship Game against the Indianapolis Colts. Goodell subsequently heard Brady's appeal and upheld the suspension.

Per Ben Volin of the Boston Globe, the NFL sent a letter to Berman on Monday after the NFLPA provided 19 examples of arbitration cases getting overturned in the southern district of New York since 1970.

In that letter, NFL attorney Daniel Nash attempted to describe the differences between the Brady case and the examples provided by the NFLPA:

None of the cases cited by the Union—indeed no reported decision of which we are aware—use the phrase 'violation of the essence of the CBA' that the Union repeatedly asserts in support of its main argument for vacatur. ... But the 'essence of the CBA,' as that phrase has been used consistently by the Supreme Court and the courts in this Circuit, refers to the highly deferential standard of review applicable to labor arbitration awards, which requires confirmation where the award is even arguably based on the arbitrator’s factual findings and interpretation of the CBA.

There has been no shortage of rhetoric throughout Brady's case, and it certainly doesn't feel as though the two sides have come any closer to reaching an agreement.

If the NFL and the NFLPA are unable to settle, then the plan is for the judge to hand down a ruling by Sept. 4, according to Larry Neumeister and Tom Hays of NECN.com.

That would give the Pats six days of preparation prior to their season-opening game against the Pittsburgh Steelers. 

Jimmy Garoppolo will step in to start for New England if Brady's suspension ultimately isn't overturned, but it has become abundantly clear that the NFLPA intends to either get the ban eradicated or go down swinging in the process.

Follow @MikeChiari on Twitter.


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