Brady’s Lawyer Responds to Latest NFL Filing

Jeffrey Kessler called the NFL's discipline "extreme," and said the court has the power to vacate the decision


Jeffrey Kessler, the lawyer for Tom Brady and the NFL Players Association, filed a response Tuesday to a new argument filed by the NFL on Monday.

The NFL's letter, sent to Judge Richard Berman, questioned the NFLPA's presentation during a hearing last week in which the union submitted a list of 19 examples of rulings in which a court vacated an arbitration award.

The NFLPA suggested those cases set legal precedent for the judge to throw out the NFL's decision to suspend Brady for four games in response to his alleged role in Deflategate. But the NFL argued in its filing Monday that those cases are not similar to the Brady case.

Kessler, in his latest filing Tuesday, said the NFL continues to attempt to "sweep under the rug" key elements of the case. He said the NFL's letter "ignores the undisputed fact that the CBA (collective bargaining agreement) requires advance notice of discipline and its consequences... as well as a fair and consistent basis for imposing discipline."

He also argued that the NFL ignored the fact that the penalty handed down to Brady violates the fine amounts that were collectively bargained by the parties for equipment violations of this type.

"This is exactly the type of 'extreme' case that even the NFL now concedes the Court has the power to vacate," Kessler said.

Another hearing is set for next week in Brady's appeal.

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