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Texts, Lies and Footballs: Tom Brady, “Deflategate,” and What’s Next?

August 3, 2015

Since we last discussed “Deflategate”, New England Patriots Quarterback Tom Brady appealed his four-game suspension resulting from the NFL’s finding that he had committed “conduct detrimental to the league,” based on 1) his “probable” role of being “at least generally aware” that Patriots personnel were involved in the intentional deflation of footballs prior to the AFC Championship Game between the Patriots and the Indianapolis Colts, and 2) his failure to cooperate with the NFL’s investigation (conducted by Attorney Ted Wells). Under applicable provisions of the collective bargaining agreement [“CBA”] between the NFL and the National Football League Players Association [“NFLPA”], NFL Commissioner Roger Goodell assigned himself to serve as hearing officer to hear Brady’s appeal of Goodell’s decision (none of this is a typo). The appeal hearing took place before Goodell on June 23, 2015, and on July 28, 2015, Goodell affirmed Goodell’s decision suspending Brady.

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