Q&A: With judge's DeflateGate ruling, what will happen next?
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 Brady's 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 the Patriots quarterback 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
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.
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 it's not guaranteed the league would and that it would be successful even if the NFL tried.
The NFL could ask Berman to stay his own decision – basically setting it aside while the case is on appeal. It would have to show a strong likelihood of success, irreparable injury in the absence of a stay, absence of substantial injury to the party opposing the stay and the public interest.
That's a tough test to pass for the NFL, as federal courts have held that a pro athlete missing games could constitute substantial injury. The league would also have a tough time arguing it would suffer harm if one of its most popular players on the defending Super Bowl champion team plays.
If Berman denies a stay motion, the NFL could seek one from the 2nd Circuit but the same criteria would apply.
From a pure business standpoint, it might be 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.