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Tom Brady

Q&A: With federal judge's Deflategate ruling issued, what will happen next?

Rachel Axon
USA TODAY
Roger Goodell is entering his 10th season as the NFL's commissioner.

A federal judge ruled in favor of Tom Brady on Thursday, vacating an arbitration decision by NFL Commissioner Roger Goodell that upheld a four-game suspension for the New England Patriots quarterback's alleged role in Deflategate.

While the decision by Judge Richard M. Berman in the U.S. District Court for the Southern District of New York gives Brady and the Players Association a key win against the league, it certainly doesn’t signal the end of the case. Here’s a look at what’s next:

What does the win mean?

The NFL sought affirmation of its arbitration in Brady’s case — one that included a 10-hour hearing on June 23 — while the NFLPA asked Berman to vacate the award. That he did is noteworthy as federal courts overwhelmingly confirm arbitration decisions.

PDF: Read Judge Berman's decision

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A review  of arbitration decisions in the Southern District from 2005-11 conducted by three attorneys in a 2013 article in New York Dispute Resolution Lawyer found that in the 68 labor and employment awards they studied, only two were denied confirmation.

What’s next?

Given the strained labor relations between the league and the union, the NFL will seek to overturn Berman’s decision and will appeal the decision to the 2nd Circuit U.S. Court of Appeals.

The league’s arguments centered on Article 46 of the collective bargaining agreement, which NFL attorneys said gives the commissioner wide latitude to rule on matters affecting the integrity of the game. The NFL will not let a decision like Berman’s stand as precedent without challenging it.

Goodell said in a statement Thursday: "We are grateful to Judge Berman for hearing this matter, but respectfully disagree with today’s decision. We will appeal today’s ruling in order to uphold the collectively bargained responsibility to protect the integrity of the game. The commissioner’s responsibility to secure the competitive fairness of our game is a paramount principle, and the league and our 32 clubs will continue to pursue a path to that end. While the legal phase of this process continues, we look forward to focusing on football and the opening of the regular season."

Will Tom Brady play?

Yes. Berman’s decision sets aside the four-game suspension, so Brady will be eligible to start in New England’s season opener on Sept. 10 against the Pittsburgh Steelers.

Can the NFL do anything to stop it?

Technically, yes, but NFL spokesman Gre Aiello said the league will not seek a stay to keep Brady off the the field while the appeal process occurs.

From a pure business standpoint, it was the best decision to not seek a stay. Should the NFL win on appeal, it can suspend Brady later.

So when will this be over?

The short answer is not soon. The NFL could seek to have its case expedited, but even if the 2nd Circuit would grant that there’s no guarantee the case would be resolved before the end of the 2015 season.

It’s impossible to predict the timeline, but the median time from filing the notice of appeal to the final disposition of the case for a 12-month period ending March 31, 2015, was 10 months for the 2nd Circuit.

Will it end when the 2nd Circuit decides?

Yes. The losing party could seek an en banc review by the entire 13-judge panel in the 2nd Circuit or appeal to the Supreme Court. Lawyers interviewed by USA TODAY Sports see no chance of either happening.

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