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Tom Brady’s legal team, including recent hire former US Solictor General Ted Olson, have been granted the extension they were seeking for the deadline to file for a rehearing in the Deflategate case.
Despite the NFL’s opposition - lawyers for the league requested Monday that the motion be denied - the court ruled Tuesday in favor of the NFLPA and Brady. They now have until May 23 to file the request for a rehearing or rehearing en banc with the Second Circuit Court of Appeals, which last week reinstated his four-game Deflategate suspension.
Once Team Brady makes the request, the court still has to agree to take up the case again. And while many legal experts speculate the odds of that happening are low, this case has continued to confound observers as it has played out.
Tony Massarotti says if the team thinks Jimmy Garoppolo has something, don’t trade him because Tom Brady has more time left than they thought.
UPDATE, 4:55 P.M. : Despite NFL opposition, the court rules for Tom Brady’s legal team and grant them until May 23 to file a request for rehearing.
It looks like the NFL is finally ready to put this whole Deflategate thing to bed. And now that it's won the most recent court decision, the sooner the better, it seems.
Tom Brady and the NFLPA requested a 14-day extension to file their petition for a rehearing in front of the entire Second Ciruit Court of Appeals, which would double the normal amount of time typically granted to request a rehearing.
But the league made a court filing on Monday saying "there is no need" for an extension beyond the normal 14-day window.
"The first pre-season game is just over three months away," wrote Paul Clement, co-lead counsel for the NFL. "Time remains of the essence."
Last week, the Second Circuit's three-judge panel ruled that Roger Goodell was within his rights as commissioner of the NFL to punish Brady with a four-game suspension due to Deflategate. As a result, district judge Richard Berman's initial decision on the case was overturned and Brady's suspension was reinstated.
Soon after the ruling was handed down, NFLPA spokesman George Atallah joined the Dan Patrick Show and explained that Brady and his team expected to have two weeks to put together its rehearing request. He did not, at that point, make reference to wanting extra time.
"I think the process now, we want to try to figure out and weigh all the options," Atallah said. "I think we'll do that in the next couple days. We have 14 days from the time of the decision to take any action or pursue any further appeal if we want, and I think we'll probably take up most of that time."
As soon as the request is filed, according to Pro Football Talk, it will act as a stay on Brady's suspension. That means he'll be eligible to play until a) the request is denied or b) the request is accepted, heard by the whole Second Circuit, and the ruling goes to the NFL.
If Option B is the scenario that plays out, it could take months, meaning it's possible Brady could play the entire 2016 season before a ruling comes down.