'Legendary' arbitrator's amicus brief slams Goodell for arbitration work

'Legendary' arbitrator's amicus brief slams Goodell for arbitration work

Two amicus briefs were filed to the Second Circuit Court of Appeals on Tuesday, urging the court to rehear Tom Brady and the NFLPA's case against the NFL. While the brief submitted by the AFL-CIO -- which represents over 12 million workers nationwide -- garnered much of the attention, there are those who believe the brief turned in by Kenneth Feinberg could be a "turning point" in the case.'s Michael McCann called Feinberg a "legendary figure" in legal circles for his work allocating settlements to victims of what McCann referred to as "large-scale harms." Feinberg has taken on the challenge of determining fair compensation for victims in the aftermath of incidents like the September 11 terrorist attacks and the Boston Marathon bombings. 

The reasons Feinberg opted to chime in on Deflategate is because he serves as a neutral arbitrator in the settlement cases he's taken on. Should Brady's suspension be upheld, Feinberg argues in his amicus brief, it could impact the country's system of arbitration. 

The nation's "trust and confidence in arbitration" would suffer should an arbitrator like NFL commissioner Roger Goodell be permitted to enforce his "own brand of industrial justice," Feinberg explained. 

"The Commissioner impermissibly exceeded the scope of his authority in this matter," Feinberg wrote in his conclusion. "But more troubling, he used the vehicle of arbitration as a mechanism to rewrite the underlying bargain between the parties, to the sole advantage of his organization as against Brady and the Players Association. If this type of bias or capricious notions of industrial justice are upheld, the public should—and will—lose faith in the systems of arbitration and private dispute resolution that have become a parallel component of our justice system.

"Fair process before a fair tribunal cannot be an aspiration; it is an unwaivable, inviolable necessity."

While these amicus briefs -- there have been four filed in support of a rehearing -- carry no legal weight since judges are not required to consider them, Feinberg's concern about how Brady's case would have a ripple effect on arbitration in the United States is an indication of the wide-reaching nature of the Second Circuit's ruling. 

Whether it will be enough to persuade seven of 13 judges on the Second Circuit to grant a rehearing remains to be seen. Either way, this issue will easily exceed the 500-day mark it reached on Wednesday and continue to inch closer to the original "-gate" -- the Watergate scandal -- which lasted 783 days.

Former Patriots RB Danny Woodhead announces retirement

Former Patriots RB Danny Woodhead announces retirement

Former Patriots running back Danny Woodhead has announced his retirement after 10 years in the NFL.

The 33-year-old took to Instagram to make it official.

10 years! Wow, God had crazy plans for a small little kid from North Platte, NE! It’s been a wild ride and feel so blessed He allowed me to do what I loved for so long. But now it’s time to say goodbye to the game I love. First, I want to thank my Lord and Savior Jesus Christ! Without Him my career wouldn’t have been possible. He blessed me with the gifts and He paved the way. All I had to do was follow His plans for my life, and His plans were crazy awesome! Next, I want to thank my wife who has been by my side since freshman year of high school. She has been a rock through all the ups and downs. Sis, Willy, Mae Mae, and Hopie your daddy is going to be home a ton more and I can’t wait! Thanks to my Dad and Mom for always supporting me and showing me that God is first, then everything else will fall into place. Ben, Joel, and Anna thanks for preparing me for the NFL in our backyard games growing up. The dreaded in-laws Steve and Suzie for always being there for me. Chris Gittings (agent) you’re the best and thankful your my brother/uncle! Thank you Jets, Patriots, Chargers, and Ravens! Thanks to all my head coaches (Bob Zohner, Brad Smith, Bill O’Boyle, Eric Mangini, Rex Ryan, Bill Belichick, Mike McCoy, and John Harbaugh) who believed in me! To my rbs coaches (coach skiles, coach reiners, Jimmy Raye, A Lynn, Ivan, Ollie, Ridge, and Thomas) thanks for putting up with me. Thanks to all my teammates from high school till now. Without you guys I never would’ve become who I was as a player. To all my olinemen, you guys deserve the credit for anything that I received credit for. I thank you for helping make my career. To all the trainers, team docs, strength coaches, chiropractors, massage therapists, physical therapists, body gurus thanks for making sure I was on the field. To all the people who made my life easier at the facility (ops, pr, equipment staff, cafe workers, custodians) thanks and your work doesn’t go unnoticed. And how could i forget all my fans?! You’re the best and have always felt the love and support! I’m sure I’ve forgotten a few but know that I’m thankful for everything everyone has done on my journey.

A post shared by Danny Woodhead (@teamwoody39) on

Thursday, it was reported the Patriots reached out to Woodhead for a possible reunion. 

The last two seasons have been challenging for him, as he dealt with season-ending injuries in both 2016 with the Chargers and 2017 with the Ravens.

Woodhead finishes his career with 2,238 yards rushing, 2,698 yards receiving, 15 rushing touchdowns and 17 receiving touchdowns.


NBC Sports Boston Breakfast Pod: C's win despite injuries, Pats make additions

NBC Sports Boston Photo

NBC Sports Boston Breakfast Pod: C's win despite injuries, Pats make additions

1:20 - Despite throwing a depleted roster out there, the Celtics were able to get back in the win column vs. the Magic. Michael Holley and Tommy Heinsohn break down the win.

6:17 - Finally, the Patriots have done something! On Friday night it was reported that New England signed defensive end Adrian Clayborn as well as running back Jeremy Hill. Tom Curran, Alex Giaimo and Ben Volin discuss the impact these additions will have on the team.

11:05 - While the Celtics were able to pull out the win on Friday, the team did announce that Marcus Smart is expected to miss six to eight weeks after undergoing thumb surgery. A. Sherrod Blakely expresses his optimism on Smart’s return for the playoffs.