2nd circuit says NO to en banc request from Brady. Next step is Supreme Court. As PFT said, he didn't hire Ted Olson not to go to the Supreme Court.

http://profootballtalk.nbcsports.com...r-new-hearing/

There are underlying principles of workplace law at work here, but the Courts might not like the layout of the case and the precedent it would set, even if they thought this process was wonky. They also might not like the attendant publicity given the subjects.

1. Brady argued that Goodell as arbitrator was limited to info presented in Wells Report and that info was bunk. 2nd Circuit says the arbitration agreement in the CBA doesn't read that way. Someone on the NFLPA legal team will not be asked back after they have belatedly discovered how much authority they handed over to Roger with few standards.

2. Due Process, basically that the scientific info was junk and all subsequent findings were efforts to justify suspension beyond the original conception of the charges. Again, no agreed to limit for arbitrator. He can fish for what he wants to fish for.

3. Workplace rules, past discipline for failure to cooperate (essentially what this punishment is hanging on) was very mild. With no announcement of change, Goodell substantially increases the penalty and adds new feature (turn over cell phone records).


#3 is the most troubling since Goodell can just make this stuff up on the fly and he rules through public proclamation anyway. Its also clear proof that he has taken nothing from Tagliabue's remonstration of him over BountyGate.