Where: U.S. Court of Appeals for the Second Circuit, New York.
When: Thursday, 2 p.m. ET.
Who’s on the bench: Announced last week -- Chief Judge Robert A. Katzmann, Judge Barrington D. Parker and Judge Denny Chin.
What is crux of the issue: The NFL is appealing U.S. District Judge Richard M. Berman’s Sept. 3 decision to overturn Brady’s four-game suspension, arguing that Berman didn’t apply the law properly in doing so. The league wants to protect commissioner Roger Goodell’s power under Article 46 of the collective bargaining agreement.
Foundation of Berman’s decision: In overturning Brady’s suspension in U.S. District Court, Berman highlighted three areas -- Brady didn’t have notice that he could be suspended; the league withheld general counsel Jeff Pash’s notes from its investigation of Brady from Brady’s defense team; and Pash wasn’t made available to testify at Brady’s appeal hearing.
What happens Thursday: Each side will present brief arguments and could face questioning from the judges. Both sides already have submitted their detailed arguments to the court, and this hearing gives the judges a chance to question lawyers for both sides.
Brady’s legal team: Jeffrey Kessler, who argued on his behalf in front of Berman, remains the lead attorney.
NFL’s legal team: Paul Clement, a former U.S. Solicitor General who has argued more U.S. Supreme Court cases than any other lawyer, was added as the lead attorney.
Brady’s presence: It is unknown if Brady plans to attend. He is not assigned a seat at a table in the courtroom, but could sit in the gallery.
Outcome: The winning side gets the ruling of at least two of the judges. An announcement isn’t expected for months, possibly into the 2016 NFL season.