FOXBOROUGH, Mass. -- Monday marks the deadline for New England Patriots quarterback Tom Brady and his legal team to appeal the decision by the US Court of Appeals for the Second Circuit that reinstated his four-game suspension.
The initial deadline was May 9, but Brady's legal team had been granted a two-week extension.
Here are some of the key details:
En Banc session. An appeal would ask for an en banc session in which a case is heard before all judges of the US Court of Appeals for the Second Circuit. Previously, three judges heard the case and ruled in favor of the NFL, 2-1.
Long odds for en banc session. Traditionally, the court has not granted an en banc session, showing respect for the decisions of its three-judge panels. It will require seven of 13 judges to decide that an en banc session is the right decision. Brady's legal team, in previously requesting a two-week extension to decide whether to file an appeal, wrote that the decision "raises significant labor law issues that could have far-reaching consequences for all employees subject to collective bargaining agreements."
What is the timing? There is no set timing for a court's decision to grant an en banc session, but within 30 days is often a reasonable expectation.
If an en banc session is granted ... It would increase the likelihood that Brady will play in 2016 until the case is resolved.
If an en banc session isn't granted ... Brady could ask the US Court of Appeals for the Second Circuit to stay his suspension as he prepares an appeal to the U.S. Supreme Court. If the US Court of Appeals for the Second Circuit doesn't stay the suspension, Brady could still appeal to U.S. Supreme Court Justice Ruth Bader Ginsburg to stay the suspension until the Supreme Court decides if it will hear the case.