DENVER, Colo. (April 27, 2021) — Sherman & Howard attorney Patrick Scully was quoted in a recent Law360 article titled, “‘ Deflategate’ Turns 5: How NFL Discipline has Evolved.” The article reflects on one of the most closely watched sport legal dramas in April 2016, the Second Circuit four-game suspension of quarterback Tom Brady for allegedly manipulating the inflation of football games.

Scully notes that the case highlights the many ways in which sports players in a workplace with a collective bargaining agreement face a challenging disciplinary review process in court.

“I think it is really a testament to how counterintuitive traditional labor law seems to folks who don’t normally deal with it,” he said. “What other people consider the normal rules of fairness or a day in court do not necessarily apply. The deferential standard that courts apply to labor arbitration really kind of just ended up trumping the entire X-Factor that was Tom Brady and the discipline.”

The full article can be read at Law360.