The following post comes to us from Prof. J. Scott Colesanti and a former student of his, Karen Eng. Scott is a Professor of Legal Writing at the Maurice A. Deane School of Law at Hofstra University, a former co-editor of this blog, and author of “Legal Writing, All Business.”
F.A.A. VACATUR IN THE SECOND CIRCUIT: NOW THAT TOM BRADY HAS SAT, WHERE DO WE STAND?
By J. Scott Colesanti and Karen Eng (October 12, 2016)
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Introduction
Late in the summer, New England Patriots quarterback Tom Brady announced that he would not further appeal the discipline imposed against him by the National Football League (“NFL”). That decision ended an 18-month ordeal which highlighted, among other things, the unpredictability of sports league sanctions, in general, and the finality of penalties under NFL Collective Bargaining Agreement (“CBA”) Article 46, in particular. This article examines the resulting state of the law in the Second Circuit regarding review of arbitrations under Sections 10(a)(2) and (3) of the Federal Arbitration Act (“F.A.A.”), which provided – in part – the means for Brady’s appeal.
