Football

The NFL filed its Deflategate Reply Brief to the Second Circuit on December 21, 2015. While the league mainly reiterated its previous arguments and responded to the NFLPA’s arguments, it also introduced a completely new argument in the last scheduled filing before oral arguments in March. What was the argument, why did the NFL wait so long to make it, and what impact will it have on the case?

Ever wondered why we have a few seemingly random NFL games on Saturdays towards the end of the season? Why not Friday night? Why only at the end of the season? The answer lies in the lies in the Sports Broadcasting Act of 1961.

Since Judge Berman exonerated Tom Brady in September, the Patriots have done much to put Deflategate behind them, charging out to an AFC-best 11-2 record. But the case is far from over and the stakes in the appeal are just as high. Let’s take a look at where the case stands on appeal.

Last Friday morning a New York state judge ruled that the sites could not offer their contests to state residents while their case against the New York Attorney General was pending. Then in the afternoon, in a stunning reversal of fortune, that ruling was put on hold, permitting the DFS companies to at least temporarily continue to operate in New York. What does it mean for DFS going forward?

On Thursday, Massachusetts Attorney General Maura Healey announced the drafting of a number of consumer protection regulations for the new and rapidly evolving daily fantasy sports industry. These regulations, which will take effect “immediately” upon their filing with the Secretary of State on today, will impose certain requirements on DFS businesses offering contests in the state.

In what many predicted to be an inevitability, the daily fantasy sports (DFS) industry’s two leading operators, DraftKings and FanDuel, are taking to the courts to defend the legality of their games. The outcome of the legal proceeding will reverberate nationwide and could have a profound impact on the rapidly-growing DFS marketplace.

Soon after Judge Berman overturned Tom Brady’s suspension on September 3, there were some rumblings that, in light of the decision, Hardy intended to discuss with the NFLPA the possibility of appealing the arbitrator’s decision to reduce his suspension from ten games to four. Many believed that the Deflategate decision could improve Hardy’s chances to have his suspension further reduced, or even wiped out altogether. Nevertheless, Hardy announced on Septemeber 10 that he would not appeal to the courts for further review of his suspension.

On September 3, 2015, Judge Richard Berman vacated Tom Brady’s suspension from the NFL for his “awareness” or other involvement in Deflategate.[1] Berman’s decision is significant not just for Tom Brady and the Patriots, but for all NFL players and teams because it provides a clear-eyed look at the NFL’s disciplinary process.

The end of Tom Brady’s case before Judge Berman is rapidly approaching. That does not mean his case will be over, just that Berman will play less of a central role in it very soon. Barring any unexpected last-minute settlement, both the NFL and NFLPA will be back in Berman’s courtroom on Monday, August 31, 2015, for a final hearing on the case and discussions with Berman. Both Roger Goodell and Tom Brady will be there, as ordered by the judge. So what should we be expecting at this last court appearance?

On Wednesday, August 19, the attorneys for the NFL and NFLPA were back in court in New York before Judge Richard Berman for oral arguments. Now that the transcript of the hearing is out we have a better sense of how the arguments went and what Judge Berman is thinking.