The NFL’s suspension was vacated in its entirety. Not surprisingly – as I said all along, the NFL’s case was an “embarrassing joke.”
An arbitrator’s factual findings are generally not open to judicial challenge, and we accept the facts as the arbitrator found them. See Westerbeke Com. v. Daihatsu Motor Co .. Ltd., 304 F .3d 200, 213 (2d Cir. 2002); see also Int’l Bhd. of Elec. Workers. Local 97 v. Niagara Mohawk Power Com., 143 F .3d 704, 726 (2d Cir. 1998).
The Court is fully aware of the deference afforded to arbitral decisions, but, nevertheless, concludes that the Award should be vacated. The Award is premised upon several significant legal deficiencies, including (A) inadequate notice to Brady of both his potential discipline (fourgame suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to examine one of two lead investigators, namely NFL Executive Vice President and General 20 Counsel JeffPash; and © denial of equal access to investigative files, including witness interview notes.
[The arbitrator’s factual findings, incidentally, were equally bogus, but that’s not the grounds on which the court relied].
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