Again, unlike the Adrian peterson or ray Rice case, this one does not include a change in policy. the Peterson case was specifically thrown out because the suspension came from an event that had happened before the new CBA giving goodell ultimate power was in place. The court ruled he had to be disciplined along the lines of the CBA that was in place at the time... likewise, Ray rice was given a disciplinary ruling, then had it changed when the NFL revised the rules about domestic punishment. The courts did not accept that because the event that happened, as gruesome as it was, shouldnt have been subject to the new rules made after it happened.
With Brady's case, they have little arguement that this incident happened before the CBA was in place... they will try to bring up past precedent with equipment maniplation, but the case from the mid 2000's where the patriot org was givin a strict warning may be able to show escalation, moreover the conduct policy part couple with the non cooperation angle should be enough for the union to garner a rather thourough defeat in this matter... if goodell doenst muck it up like he usually does
