Not a lawyer, so exposing myself to sounding like (more than normal?) an idiot here....
To the point above - every suspension that has been brought to court had been overturned, and Goodell/ the owners haven't cared about it because there has been no monetary damage to the NFL as a result. Is there any possibility for Kessler to (successfully) argue bad faith abuse of authority as part of a lawsuit for a separate arbitrator? That this suspension/appeal, and the consistent pattern of previous inappropriate NFL behavior - could constitute bad faith abuse of authority and therefore could allow the judge to impose punitive damages on the NFL even before awarding an independent arbitration hearing to Brady? The courts do not want these cases in front of them; they want internal arbitration to handle it. Continually having lawsuits filed due to that process - and continually having only one side be at fault - completely defeats that purpose.