Skip to content

NFLPA files lawsuit against NFL seeking to vacate Tom Brady's suspension

Shannon Stapleton / REUTERS

Tom Brady and the NFLPA officially filed a lawsuit against the NFL in Minnesota district court Wednesday, seeking to vacate the New England Patriots quarterback's four-game suspension.

The union's appeal, according to a statement released through its website, is based upon the following arguments:

  • There was no direct evidence in the Wells Report so the discipline was based on a made up “general awareness” standard to justify such absurd and unprecedented punishment.
  • Roger Goodell delegated his disciplinary authority to Troy Vincent, violating our Collective Bargaining Agreement, and then as the “arbitrator,” he ruled on his own improper delegation, botching basic arbitration law and fundamental fairness.
  • A collectively bargained policy already exists regarding tampering with equipment that provides only for fines, not suspensions. Troy Vincent ignored this policy when he issued his initial discipline. The policy that Vincent did apply to Brady only covers teams and team executives, not players. The NFL once again violated players’ right to advance notice of discipline to try to justify unprecedented punishment.
  • No player in NFL history has served a suspension for “non-cooperation” or “obstruction.” And, in this case, the evidence is paper-thin.
  • The appeals hearing held on June 23, 2015 defied any concept of fundamental fairness and violated the principles of our CBA.

The NFLPA filing its appeal in Minnesota was expected, but Judge David Doty, who has typically presided over such proceedings and ruled in favor of players in the past, did not draw the case.

Judge Richard Kyle will hear the case instead, and NFL Network's Albert Breer suggests his presence may benefit the league.

Brady's lawyer, Jeffrey Kessler, told Tom Pelissero of USA Today that he believes the court can issue a ruling by Sept. 4 without a hearing. The union, as has been expected throughout the process thus far, would ask for an injunction if the proceedings carry on past that point.

Regardless the NFL's decision to hold up Brady's suspension Tuesday, an injunction being granted would allow him to play until a ruling on the lawsuit is made.

Daily Newsletter

Get the latest trending sports news daily in your inbox