Hunton Insurance Recovery Blog

Lessons from 'Deflategate': Drafting the right arbitrator picks, InsideCounsel
October 27, 2015

Article discussing the insurance implications from the NFL’s so-called “Deflategate” scandal, involving the alleged deflation of footballs used in the 2014 AFC Championship Game.  The scandal resulted in a four-game suspension of four-time Super Bowl Champion Tom Brady.  When Brady—through the NFL Players Association—appealed the four-game suspension as part of the NFL’s arbitration process, Commissioner Roger Goodell unilaterally appointed himself as arbitrator to hear Brady’s appeal.  But Commissioner Goodell appeared decidedly biased against Brady.  The arbitration illustrates a common struggle that extends beyond the woes of football fans, and highlights a key dilemma in the arbitration process: What can litigants do when facing a biased arbitrator?