“Deflategate” is easily one of the biggest scandals to ever rock the NFL, continuously generating headlines a year and a half later. The intricacies of the controversy have become so complex, that coming this fall the University of New Hampshire’s Law School will offer a class that focuses specifically on the scandal. A legal expert for Sports Illustrated and a nationally prominent UNH law faculty professor, Michael McCann, will lead the course.

According to the class description,

The nationally publicized “Deflategate” case illustrates the power struggle that results when sports and law collide. [The course] will introduce [students] to the role the legal system plays in sports, relevant practices and applications in the field, and the journalistic methods used to fuel a scandal that has dominated the professional sports landscape since January of 2015.

It’s been 544 days since the scandal began with the New England Patriots and the Indianapolis Colts’ AFC Championship Game. On Wednesday, the U.S. Court of Appeals for the Second Circuit rejected a request from Patriots quarterback Tom Brady to avoid a four-game suspension for his role in deflating footballs to make them easier to catch during rainy games. For now, it looks like the New England QB will be watching the games from the sidelines.

Why is this still a thing? #Deflategatepic.twitter.com/gLWWtwxGc1

— Ships Have Sailed (@ShipsHaveSailed) July 13, 2016

Click here to read Law Street Media’s previous coverage on “Deflategate.”

The federal appeals court’s decision could finally be the end to a long and embarrassing string of violations, but Brady can still ask the Supreme Court to overrule his suspension. The odds of that happening are slim though, because the Patriot’s first game takes place in less than two months.

“That would be an extremely long shot, and, of course, could not be finally resolved soon, even were the justices to hear the appeal,” said Carl Tobias, a law professor at the University of Richmond.

The NFL Players Association issued a statement regarding the court’s ruling to deny Brady’s request. The statement reads:

We are disappointed with the decision denying a rehearing, as there were clear violations of our collective bargaining agreement by the NFL and Commissioner Roger Goodell. Despite today’s result, the track record of this League office when it comes to matters of player discipline is bad for our business and bad for our game. We have a broken system that must be fixed. We will review all of our options carefully on behalf of Tom Brady and all NFL players.

Tom Brady when he heard his 4-Game Suspension was being upheld. #Deflatriots #DeflateGate https://t.co/l9b3S4hscM

— SteelersNation (@TheSteelZone) July 14, 2016

The transformation and complications of the scandal will make the law course on the topic an intriguing option for students. The scandal has transformed from cheating accusations over the air pressure in footballs, to a multi-million dollar legal battle involving the nation’s top lawyers. It has also raised questions about the powers of the commissioner and unionized employees’ right to due process in a disciplinary hearing.

“When deflated footballs dominate national headlines, it’s clear that sports have become much more than just a casual pastime in the United States,” reads the class description. “Often the real game takes place on a playing field where legal, regulatory, and journalistic systems converge on the governance of professional sports.”

The Patriots’ backup quarterback, Jimmy Garoppolo, is expected to fill in for Brady in games against the Arizona Cardinals, Miami Dolphins, Houston Texans, and Buffalo Bills. Brady would be eligible to make his regular-season debut in Week 5 against the Cleveland Browns.

Despite the team playing with a second-string player, the Patriots are still predicted to perform well this upcoming season. But during those four games, Brady is set to lose approximately $235,294 in salary.

Inez Nicholson

Inez is an editorial intern at Law Street from Raleigh, NC. She will be a junior at North Carolina State University and is studying political science and communication media. When she’s not in the newsroom, you can find her in the weight room. Contact Inez at INicholson@LawStreetMedia.com.

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Monday saw a new wrinkle in the low level scandal that seemingly won’t disappear: Deflategate. New England Patriots’ quarterback Tom Brady will indeed serve a four game suspension for the upcoming NFL season, due to his still unclear role in using deflated footballs during the AFC Championship game in 2014, when the Patriots defeated the Indianapolis Colts 28-0.

A federal court of appeals concluded on Monday morning that NFL Commissioner Roger Goodell’s actions last September in suspending Brady for four games was in fact within his powers, even given the collective bargaining agreement he signed with the NFL Player’s Association (NFLPA) which appealed his original dictum last September.

The latest developments drew praise from the NFL and disappointment from the NFLPA.

After Monday’s ruling, the league posted this official statement:

We are pleased the United States Court of Appeals for the Second Circuit ruled today that the Commissioner properly exercised his authority under the collective bargaining agreement to act in cases involving the integrity of the game. That authority has been recognized by many courts and has been expressly incorporated into every collective bargaining agreement between the NFL and NFLPA for the past 40 years.

The NFLPA was less enthusiastic with the ruling, which involved a three judge panel led by U.S. Circuit Judge Barrington Parker, and stated:

“Our Union will carefully review the decision, consider all of our options and continue to fight for players’ rights and for the integrity of the game.”

The judges cited Brady’s decision to destroy his cell phone the day he was set to have an interview with an investigative team as a leading factor in their ruling.

Even Donald Trump weighed in. At his campaign rally in New Hampshire yesterday morning, he had this to say about the four time Super Bowl champ (and his frequent golf partner): “Leave Tom Brady alone!“

And although this decision can be appealed by Brady and the NFLPA, it looks like the prospect of that long and arduous process will result in a Brady-less Patriots for the first four games of the 2016 season. At least that should leave Brady with plenty of time to sneak in a few more rounds of golf with his buddy Trump.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Because “deflategate” can apparently never die for Boston sports fans, Patriots fans are now suing the NFL to block one of the penalties that the league handed down. Seven irate fans want the team’s draft picks reinstated, and have filed a lawsuit in federal court to that effect.

The penalties for deflategate were highly contested from the beginning–the original decision by the league to suspend quarterback Tom Brady for four games was been put on hold by a judge and appeals are still ongoing. One of the other penalties levied by the NFL, however, was the loss of two draft picks for the Massachusetts-based team–this year’s first round draft pick, as well as 2017’s fourth round draft pick.

The suit, Orsatti v. NFL, is filed against the NFL, Roger Goddell, the NFL commissioner who has already received plenty of flak over his handling of deflategate, as well as the owner of the Patriots, Robert Kraft. While it could seem weird to sue Kraft, the man whose team is actually negatively affected by the penalty, the lawsuit claims that he didn’t do enough to fight against the revocation of the Patriots’ draft picks. It states:

Defendant Robert Kraft had remedies to attempt to get plaintiffs’ draft pick back, but he chose his fellow billionaire owners above the plaintiffs and fellow fans.

The lawsuit claims that Goddell, Kraft, and the NFL as a whole have broken a number of laws ranging from consumer protection issues to racketeering. As a result, the fans who filed the suit allege that they have experienced: “embarrassment, ridicule and depression due to the rest of the country who is jealous of the Patriots ‘piling on’ and criticizing the Patriots and their fans for being ‘cheaters.'”

However, legal experts are saying that this lawsuit probably won’t go too far. ESPN talked to Michael McCann, a sports law professor at the University of New Hampshire Law School, who pointed out that the fans bringing the suit don’t really have standing. He stated: “paying for a ticket to watch the Patriots play isn’t interfered with by the team losing a draft pick or two.” While it seems likely that we’ll continue to hear about deflategate as the legal side of the controversy continues to make its way through court, this particular case appears to be dead on arrival.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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“Deflategate” seems to have become the NFL scandal that won’t go away. In fact, deflategate has made it all the way to federal court. Patriots superstar quarterback Tom Brady appeared in court on Wednesday to appeal the four-game suspension the NFL deemed appropriate for his role in the scandal; now a judge is involved in the legal scuffle that has mainly been conducted behind closed doors.

Brady was suspended for four games, which was deemed an appropriate punishment for his role in the controversy involving the deflated balls used by the Patriots in the January 18 playoff game against the Indianapolis Colts. The suspension was appealed to Roger Goodell, the NFL Commissioner, who declined to amend it. After a lot of back-and-forth the case has made it to federal court in New York–the NFL is asking the court to uphold the suspension sentence, and the NFL Player’s Association (NFLPA) is working with Brady to ask that the suspension is vacated. The case is being overseen by U.S. District Judge Richard Berman, who publicly questioned both sides yesterday.

Berman appeared to doubt the NFL’s evidence that Brady was involved with the under-inflated balls–pointing out that it lacked a “smoking gun” tying the quarterback to the scandal. During Berman’s questioning to that effect, the NFL representatives did admit that they were missing direct evidence tying Brady to the deflated balls, but instead relied on circumstantial evidence mostly in the form of rather vague text messages. Berman also pointed out that the balls in question didn’t appear to give Brady any competitive advantage, given that he played better with the untouched balls in the later half of the game.

However, Berman did have some concerns about the way that Brady handled the investigation into his actions–particularly the fact that he destroyed his phone. While Brady’s team claimed that he did so in order to protect his privacy, the timing seemed a bit suspect. Brady’s lawyer acknowledged that he could have dealt with privacy concerns in a more prudent way given the circumstances. After Berman questioned both sides, there was a long, private discussion; it’s unclear how much progress was made.

At the end of the day, it does seem like timeliness will be a strong motivation for whatever deal ends up being made between Brady, the NFLPA, and the NFL. There is definitely some pressure to finish this up soon, given that regular season play, and Brady’s suspension, will begin in September. In fact, Berman himself is encouraging them to settle this quickly–if no settlement is reached, both sides will have to appear again in court. As the regular season–and the publicity and profits that go with it loom–it’s in everyone’s best interests to reach a settlement quickly.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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In January, New England Patriots’ quarterback Tom Brady attempted to laugh off “deflategate” rumors that alleged that the balls provided by the Patriots during the AFC Championship Game against the Indianapolis Colts were intentionally under inflated. Now, following the release of an official report  investigating the incident, the Super Bowl-winning QB could be facing a suspension, thanks to several incriminating text messages sent by him and two low-level Patriots employees.

In the official 243-page report investigating the potential ball tampering, investigators overseen by attorney Ted Wells concluded that:

It is more probable than not that Jim McNally (the Officials Locker Room attendant for the Patriots) and John Jastremski (an equipment assistant for the Patriots) participated in a deliberate effort to release air from Patriots game balls after the balls were examined by the referee. Based on the evidence, it also is our view that it is more probable than not that Tom Brady (the quarterback for the Patriots) was at least generally aware of the inappropriate activities of McNally and Jastremski involving the release of air from Patriots game balls.

Investigators also notably found no evidence of wrongdoing on behalf of the Patriots’ ownership or any coaches. That includes Head Coach Bill Belichick, who was previously suspected of being complicit in the deflating scandal.

The most damning evidence from the report came in the form of text messages between Patriots employees McNally and Jastremski that allude to potential ball tampering. In one message McNally even goes as far as to refer to himself as “the deflator.”

The NFL #DeflateGate report revealed a text exchange between Jim McNally and John Jastremski http://t.co/rZ4Mx6LGOTpic.twitter.com/DDQvxEIrZa

— Newsweek (@Newsweek) May 6, 2015

In another string of messages sent between Brady and McNally after the deflategate scandal broke, Brady appears to check up on McNally and attempts to put him at ease.

Brady: You good Jonny boy?

McNally: Still nervous; so far so good though. I‟ll be alright

Brady: You didn’t do anything wrong bud.

McNally: I know; I‟ll be all good

When asked about the guilty-looking messages, both parties claimed they were discussing something else entirely, but it appears that investigators weren’t convinced by their justifications.

Now the question that’s on everyone’s mind is what will happen to Brady as a result of these findings. Sports experts have already begun to speculate that Brady will most likely be issued a two game suspension from the league, which was the same punishment initially issued last summer to Ray Rice after punching his girlfriend, now wife, in a casino elevator. However some are speculating that Brady’s suspension could end up being as much as the entire 2015 season.

According to the New York Daily News, the Patriots could also be fined, as they were following the 2007 SpyGate scandal. After those revelations, Roger Goodell, the Commissioner of the National Football League, fined them $250,000, took away a first-round draft pick, and hit Belichick with his own hefty fine for running the spying operation.

Ultimately making an example out of Brady by handing out a tougher suspension would show a strong message that the league doesn’t condone cheating of any sort. The deflategate scandal not only tainted the AFC championships, but also called into question the legitimacy of the Patriots’ presence in Super Bowl XLIX and their win against the Seattle Seahawks. However, suspending Brady for an entire season might not be entirely feasible for Goodell given Brady’s popularity amongst fans and his status as one of the NFL’s greatest quarterbacks. This may end up being one of those cases where a potential loss in profits might outweigh doing what is right.

Featured image courtesy of [Keith Allison via Flickr]

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Looks like Patriots’ Coach Bill Belichick has found himself at the center of yet another cheating scandal, this time over his balls. The NFL has found that 11 out of 12 of the New England Patriots’ game balls were under-inflated during their 45-7 victory over the Indianapolis Colts in the AFC Championship game on Sunday.

According to ESPN, the NFL’s subsequent investigation found that the footballs were inflated two pounds per square inch below what is required by NFL regulations. This apparently went unnoticed by the referee, Walt Anderson, who checked and approved both team’s footballs a little over two hours before kickoff.

So how do under-inflated footballs provide a competitive advantage? In an interview with NPR, scientist Ainissa Ramirez, author of “Newton’s Football,” explained that it helps improve the grip. She stated:

Particularly during that game which was very rainy, it’s hard to hold the ball, it’s hard to catch the ball. So by making it a little softer, it’s easier to catch the ball.

Patriots’ Quarterback Tom Brady tried laughing off the ball-tampering allegations Monday saying, “I think I’ve heard it all at this point,” but I doubt he’s laughing now. In fact, he’s probably putting his head under the covers after a 2011 radio interview surfaced in which Brady admitted he likes deflated balls. I find it highly unlikely that Brady would not have noticed that the balls were lighter throughout the game, but there’s no way he would ever admit it.

This isn’t the first time that Belichick’s coaching methods have been under fire. In 2007 he was disciplined by the NFL for a videotaping controversy dubbed “Spygate.” He was caught recording the New York Jets’ sideline coaches’ signals during a September 9, 2007 game. He was fined the largest fine ever imposed on a coach in NFL history–a total of $500,000. The Patriots were also fined $250,000 and stripped of their 2008 first round draft picks.

The NFL is choosing not to comment at this time, so it’s yet to be determined what penalties might be imposed. It’s highly likely that the Patriots will end up being fined and lose their draft picks as well, but that will have to be determined by the NFL. So far, the Patriots are still scheduled to play the Seattle Seahawks in the Super Bowl XLIX on February 1st.

The league should be taking this scandal very seriously. Personally, I think the Patriots should be disqualified from playing in the Super Bowl game. Even though they defeated the Colts by a landslide, cheating is cheating and this scandal threatens the integrity of the game. More fines and lost draft picks are going to be just another slap on the wrist, but taking away the chance at a championship ring will really hurt. Fans and players alike on Twitter seem just as outraged.

11 of 12 balls under-inflated can anyone spell cheating!!! #Just Saying

— Jerry Rice (@JerryRice) January 21, 2015

If you get 100% on a test and only cheat on half of it… It’s still cheating. It doesn’t matter what the score was. #Patriots

— James Rapien (@JamesRapien) January 21, 2015

Breakfast of cheating champions. #patriots cheaters pic.twitter.com/3FFAzLpw0j

— merlisa (@merlisa) January 21, 2015

However, no matter what happens, in an effort to make light of the situation we can always rely on the internet to quickly add some well-timed “balls” jokes. So before you go, enjoy this wonderful Patriots-Cialis parody video.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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It seemed surreal when news broke that star NFL player Aaron Hernandez would be arrested for the mafia-style execution of local amateur football player Odin Lloyd. In the weeks following that report however, details from the case emerged that painted a very realistic image; the former New England Patriot may have actually committed murder. Ensuing news stories seemed to complete the picture of Hernandez as executioner. A motive for killing Lloyd surfaced. Rolling Stone made public his history of violence and drug abuse. But despite all the plausible connections made in the case, the prosecution was facing several hurdles in convicting the fallen football star. The murder weapon linked to the shooting has not been found and finding credible, cooperative witnesses in the trial has proved difficult for the prosecution. The Commonwealth of Massachusetts could be forced to convince a jury — using only circumstantial evidence —  that a local celebrity is guilty of murder.

This was true until recently, as the prosecution may have received a boost to its case. Last Friday, Hernandez’ alleged accomplices from the night of the murder, Carlos Ortiz and Ernest Wallace, were indicted by a grand jury for the murder of Odin Lloyd. Ortiz and Wallace were originally charged only as accomplices, but the failure of either party to cooperate in the Commonwealth’s case against Hernandez has forced the hand of the prosecution, and likely frustrated its’ attorneys.

The indictment of Ortiz and Wallace is helpful to the prosecution because if a murder was part of a joint venture, the judge presiding over the case may instruct the jury that they may render a guilty verdict without knowing who actually pulled the trigger. Joint venture liability doesn’t make the job easy, but it does allow for conviction if the Commonwealth has proved beyond a reasonable doubt that the defendant knowingly participated in the commission of the crime charged.

Now its the defendants’ attorneys who are frustrated, and for good reason. If a jury didn’t believe Carlos Ortiz’s dubious story of ‘just going along for the ride‘ prior to the indictment, it meant he could be charged as an accessory. Now, he could do life. Prosecutors can also potentially use these new indictments as negative reinforcement to get Ortiz or Wallace to cooperate against Hernandez in a 2012 murder for which the former tight end has been investigated. Either way it appears the prosecution has gained an advantage, leaving Hernandez with even fewer teammates by his side.

—

Andrew Blancato (@BigDogBlancato) holds a J.D. from New York Law School, and is a graduate of the University of Massachusetts, Amherst. When he’s not writing, he is either clerking at a trial court in Connecticut, or obsessing over Boston sports.

Andrew Blancato

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