Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

The Possible Emergence of the "Brady Precedent"

Author: Scarinci Hollenbeck, LLC

Date: October 15, 2015

Key Contacts

Back

The New England Patriots’ collective dedication to their craft has certainly produced a few disciples, as well as a legion of individuals who decry the team’s tactics and winning ways. But could Patriots’ quarterback Tom Brady have set a precedent dubbed the “Brady Precedent” in off-field football happenings as well?

The Brady Precedent

The story of Deflategate is one that has been revisited many times over, but it may be important to look at it once again, as Brady’s victory in the legal case that followed the air pressure debacle – a win that the NFL has appealed – may have set a precedent for other players who have, or will, be punished by the league. The quarterback is the namesake of the “Brady Rule,” which protects players at his position by disallowing defensive players on the ground from lunging at a passer’s knees. Now his name may end up attached to what could be referred to as “the Brady Precedent.” 

NFL appeal of Peterson suspension reversal may serve as testing ground

The possible Brady precedent will be tested in the NFL’s appeal of U.S. District Judge David Doty’s decision to overturn the suspension of Minnesota Vikings’ running back Adrian Peterson. He was suspended by the league in November of 2014 following allegations of child abuse, a punishment he has asserted was handed down with little notice regarding how harshly he could be punished for his transgression. The reversal of Brady’s suspension was also tied to the lack of notice concerning the severity of a potential punishment. 

Now, through a federal procedure that allows attorneys to introduce new legal precedents to ongoing cases, Brady’s lawyer, Jeff Kessler, has sent a letter to the Eighth Circuit appellate court in Missouri, where the NFL’s appeal of the Peterson case is being heard, Boston.com reported. Kessler made note of the requirement of advanced notice in his letter to the court, and stated that a lack of it violates both the spirit of the league’s collective bargaining agreement and that of the law in general. 

“[Advance notice of possible punishment] is at the heart of the CBA and, for that matter, of our criminal and civil justice systems,” Kessler quoted U.S. District Judge Richard Berman as explaining in his decision to overturn Brady’s suspension, according to the news outlet. 

Whether Kessler’s letter will be considered is not certain

Whether Doty will consider Kessler’s letter is another question though, since his court is of a higher authority than Berman’s, Boston.com explained. Decisions made in lower courts aren’t binding, and therefore, Doty is not required to consider Kessler’s letter referencing Berman’s decision, though he may if he’d like to. 

However, there remains a chance that, in time, this Brady Precedent could influence future decisions on NFL suspensions – that is, if the league’s commissioner, Roger Goodell, continues his practice of handing down punishments that seem ill-thought-out and at times Draconian. 

If you believe you were punished without advance notice of what an eventual punishment could actually look like, speak with a sports law attorney for more information on how you could potentially overturn the disciplinary decision. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
What Founders Can Learn From Start-up Suits post image

What Founders Can Learn From Start-up Suits

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]

Author: Dan Brecher

Link to post with title - "What Founders Can Learn From Start-up Suits"
Corporate Governance Reviews: A Practical Guide for New Jersey Companies post image

Corporate Governance Reviews: A Practical Guide for New Jersey Companies

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]

Author: Ken Hollenbeck

Link to post with title - "Corporate Governance Reviews: A Practical Guide for New Jersey Companies"
What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights post image

What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]

Author: Robert E. Levy

Link to post with title - "What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights"
Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities post image

Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities

Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]

Author: Dan Brecher

Link to post with title - "Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities"
Why Compliance Monitoring Matters for NY and NJ Businesses post image

Why Compliance Monitoring Matters for NY and NJ Businesses

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]

Author: Dan Brecher

Link to post with title - "Why Compliance Monitoring Matters for NY and NJ Businesses"
When Are New Jersey Business Owners Personally Liable for Corporate Debt? post image

When Are New Jersey Business Owners Personally Liable for Corporate Debt?

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]

Author: Charles H. Friedrich

Link to post with title - "When Are New Jersey Business Owners Personally Liable for Corporate Debt?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!