Federal Judge Berman vacated the suspension of Tom Brady, citing numerous violations of the Federal Arbitration Act and of the NFL’s own collective bargaining agreement. He cited as factors in his ruling the lack of neutrality and fundamental fairness on the part of the arbitrator Roger Goodell, the lack of notice given to Mr. Brady, and the decision of the arbitrator to deny Mr. Brady’s legal team the opportunity to review the investigative materials of the Wells team and to interrogate the Wells report co-author Jeffrey Pash. Judge Berman also cited the inconsistency of punishments by the NFL for specific violations whose penalties have been collectively bargained, emphasizing that the allegations against Mr. Brady are best categorized as equipment code violations rather than being charges similar to violations of the NFL’s substance abuse policy, as Goodell had argued.
The issue of lack of notice, which cannot be remedied, may render the dispute not open to re-arbitration.
While Judge Berman’s ruling was based upon the issues of arbitrator fairness and CBA compliance, in a stern rebuke he also noted that throughout the entire process of their investigation the NFL had willfully ignored exonerating evidence and data, had played a role in allowing false information to drive the public debate, and had generally engaged in a clumsy and fundamentally biased rush to judgement.
An NFL spokesman indicated that the league plans to appeal the verdict.
(note: I haven't read Berman's ruling yet, but this is what I expect it to say)
