Its a procedural ruling. Failure to serve notice of changes to policies and lack of availability of discovery materials (it would not be called that in a CBA appeal) and the investigators. As frustrating as this is (personally I would prefer a debate on the PSI numbers and an investigation into the Brady text messages that they chose not to recover), this was completely avoidable.

The Judge even quotes Tagliabue about Goodell the lack of previous suspensions for being uncooperative with an investigation. The NFL can get everything it seems to want here, all it needs is to serve notice first. This is what I cannot understand about Goodell's approach.

BTW, the Judge offered no opinion on the appropriateness of a Commissioner being the final arbitrator.

The suspension was "premised upon several significant legal deficiencies," Berman wrote in his opinion, noting that an arbitrator's factual findings are generally not open to judicial challenge.

Berman's ruling does not necessarily end the dispute. The league can appeal. Neither side's top lawyer immediately responded to an email seeking comment.

The judge said Brady had no notice he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate football and for not cooperating with an investigation.

"Brady also had no notice that his discipline would be the equivalent of the discipline imposed upon a player who used performance enhancing drugs," Berman said.

Brady was also denied equal access to investigative files, including witness interview notes, and didn't have a chance to examine one of two lead investigators, the judge said.
http://pro32.ap.org/article/judge-le...fl-deflategate