Basically I think it will be upheld.

Brady (through his union) collectively bargained with the league to have Goodell be judge, jury and executioner when it comes to the NFL disciplining players. Therefore, the only question is whether Brady received due process as it concerns his suspension. Again, this is going to be viewed through the parameters of the CBA. There should be no consideration as to whether Brady is guilty or not guilty or whether he slept with Goodell's wife or deflated a football. It will simply be the judge looking at the process Brady received and determining if it was "fundamentally fair." If it was then it will be upheld, if it wasn't it wont.

This post was edited on 8/31/15 at 2:02 pm

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Posted by baybeefeetz

Member since Sep 2009

31669 posts

Posted on 8/31/15 at 2:05 pm to Larry

I don't even think it's as amorphous as "due process." Basically if the arbitrator didn't disregard the contract and engaged in usual "contract interpretation," his decision sticks.

It is hard to show that an arbitrator ignored a contract and "did his own thing."

This post was edited on 8/31/15 at 2:10 pm

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Posted by Jcorye1

Tom Brady = GoAT

Member since Dec 2007

71666 posts

Posted on 8/31/15 at 2:06 pm to Larry

quote:
Brady (through his union) collectively bargained with the league to have Goodell be judge, jury and executioner when it comes to the NFL disciplining players. Therefore, the only question is whether Brady received due process as it concerns his suspension. Again, this is going to be viewed through the parameters of the CBA. There should be no consideration as to whether Brady is guilty or not guilty or whether he slept with Goodell's wife or deflated a football. It will simply be the judge looking at the process Brady received and determining if it was "fundamentally fair." If it was then it will be upheld, if it wasn't it wont.

Except that Berman was digging through the NFL's case with a fine tooth comb, and as quoted, cases have been vacated for certain stunts the NFL pulled during it's appeals process.