By Michael Cork, Esq.
Judge Berman found that Brady's defense was prejudiced, especially since Paul, Weiss acted as both "independent" counsel during the investigation and, subsequently, as retained counsel during the arbitration. Paul, Weiss was able to use the investigative files and interview notes which it developed in its direct and cross-examinations of Brady and other witness, while Brady and the Players Association's counsel was denied access. Accordingly, Judge Berman found Commissioner Goodell had an affirmative duty to ensure that relevant documentary evidence available to one party was also available to the other party. Since Goodell failed to discharge that duty, the Management Council violated the Federal Arbitration Act, section 10(a)(3).
The court also found that Commissioner Goodell failed to notify Brady of the potential discipline and his alleged misconduct, and he improperly denied Brady the opportunity to examine designated co-lead investigator, Jeff Pash. The court found the arbitration was fundamentally unfair as a result.
Judge Berman's decision apparently does not affect the monetary fine of $1,000,000 and loss of draft picks imposed on the Patriots.
Here's hoping the Colt's properly deflate Mr. Brady in game five of the regular season, at Lucas Oil Stadium.