For Immediate Release
May 23, 2016
The NFLPA has officially filed its petition with the Second Circuit Court of Appeals requesting the court rehear the Tom Brady matter En Banc.
Comment from NFL Players Association Executive Director DeMaurice Smith:
"This Union has always stood for protecting the rights of our members. Our filing of this appeal today on behalf of Tom Brady and all NFL players is no different. He was not afforded fundamental fairness and due process as guaranteed by the collective bargaining agreement and case law. We also know that the NFL propped up a now completely de-bunked “independent” report with a made-up standard as the basis for his suspension. For sixty years we have affirmed the right to seek redress for our members and we will always hold the NFL accountable."
Comment from Former US Solicitor General and Gibson, Dunn & Crutcher Partner Theodore Olson:
"The divided panel of the Second Circuit reached erroneous legal conclusions under an unfair and unjust standard. The decision and the standards it imposes are damaging and unfair - not only to Tom Brady - but to all parties to collective bargaining agreements everywhere. Commissioner Goodell cannot sit as an appellate arbitrator and then affirm the league's initial disciplinary decision based upon a new theory and imagined evidence and pretend to be an unbiased decision-maker."
Links to interviews:
- ABC GOOD MORNING AMERICA
- ESPN SPORTSCENTER
- DAN PATRICK SHOW
NFLPA’s DeMaurice Smith explained that Tom Brady tried to settle the DeflateGate case. “It was an incredibly generous offer to resolve this,” Smith said. “The League asked for something no man should do.”
- ESPN MIKE & MIKE
- USA TODAY SPORTS
“The problem for the commissioner was simple,” NFL Players Association executive director DeMaurice Smith told USA TODAY Sports. “No one believes the conclusions of the Wells Report, and thus, he was stuck with all of the facts developed at the hearing that disproved the Wells Report and he had to base his punishment on something completely new. “Whether it’s a player or any worker, you’re entitled to know why you’re being punished, and no one who has decided to take on the responsibilities of being an arbitrator should be allowed to make it up as they go along.”
Additional Top Hits
Olson told ESPN's "Mike & Mike" that he expects the appellate court to move quickly on a ruling on the hearing. If necessary, he said attorneys will consider asking the court for a stay. That would freeze action in the case and allow Brady to play if the case continues closer to the season.
http://abcnews.go.com/GMA/video/deflategate-supreme-court-39301423 (captures some of the GMA interview)
- ESPN MIKE & MIKE
Attorney Ted Olson comments on Tom Brady's latest Deflategate appeal, Roger Goodell's power, the basis of the rulings in the case, the timeline for a final resolution and the possibility of settling with the NFL.
- SPORTS ON EARTH
- SB NATION
- LA TIMES
- BOSTON HERALD
Brady has added lawyer Ted Olson to his legal team. Olson and union chief DeMaurice Smith appeared on ABC's "Good Morning America," saying they plan to ask for a new hearing before the entire 13-judge circuit.
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