Patriots' Tom Brady Files Appeal

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Published on May 24 2016 6:19 am
Last Updated on May 24 2016 6:20 am

New England Patriots quarterback Tom Brady filed an appeal Monday for a second hearing by the 2nd U.S. Circuit Court of Appeals in regard to his four-game Deflategate suspension imposed by the NFL.

"The facts here are so drastic and so apparent that the court should rehear it," NFL Players Association attorney Theodore B. Olson told ABC News on Monday morning in an interview aired on "Good Morning America."

The court upheld Brady's suspension in a 2-1 decision April 25, deciding that commissioner Roger Goodell's discipline was properly grounded in the collective bargaining agreement and that Brady was treated fairly.

In their appeal filing, Brady's attorneys called Goodell's appeal ruling "biased, agenda-driven, and self-approving."

"A divided panel of this Court affirmed Goodell in a decision that repudiates longstanding labor law principles and that, if left undisturbed, will fuel unpredictability in labor arbitrations everywhere and make labor arbitration increasingly capricious and undesirable for employers and employees alike," Brady's attorneys said in their filing.

Brady appealed en banc, asking the entire panel of the 2nd U.S. Circuit Court of Appeals to participate in the hearing. Seven of the 13 judges would have to agree to an en banc session before a hearing is held.

If the en banc session isn't granted, Brady could take his case to the U.S. Supreme Court.