I've heard people claim Brady could get screwed because if they go to court his phone can be looked at and / or even more damning things will be discovered. This threat / concern is misplaced.
The court appeal is in regard to the COMPLETED Wells investigation and the subsequent penalty. Correct me if I'm wrong but the only evidence permitted would be what they cited in the report. While not an attorney I am unaware of how the courts will allow the proceeding to be used as a new / different investigation.
Again the matter before the courts would be the COMPLETED Wells investigation and the penalty thereafter- to the best of my knowledge the NFL cannot introduce 'new evidence' that was not in the Wells report or get an investigation "do over" in court.
First, it will not be an appeal if it goes to a District Court. It will be a review of the award/decision of the arbitrator. These actions are usually determined by the scope of the agreement. Anything that falls with the scope of the arbitration clause must be determined by the arbitrator. PatsDeb mentioned pre-emption in a separate thread, which means if a claim falls within a proper arbitration agreement it will never see the light of a full district court case with "more likely than not" standards of evidence that would be in Brady's favor with a neutral jury. The cases stand or fall with the arbitration proceeding.
Second, there are "very narrow" bases on which to contest the decisions of arbitrators in district court. Terms like "arbitrary and capricious" or "manifest disregard for the law" are the standards of review. These standards are much harsher than the typical standards of review commonly employed by appellate courts. Picture every statement relied upon in the decision, and ask if anyone could conclude as the NFL did under those facts. The goal is to uphold the decision under principles of law favoring the arbitration of disputes.
Third, discovery is not a huge issue in district court reviews of arbitration awards. They are not reviews de novo. Usually there are some affidavits and/or transcripts, but mostly they are decisions and the agreement. It is not a question of if it could have been decided differently with different evidence, but rather whether the existing evidence was sufficient to support the decision under the restrictive standard of review.
I believe there may be procedural issues in terms of what the CBA provides, but I cannot see a court sanctioning wholesale review of Brady's life (ie., his phone) given the limits of the proceeding. Defamation failed miserably in the Bountygate case (dismissed as pre-empted by the CBA and separately as legally unsupported - even with a valid defamation claim it would be flushed out as pre-empted by the CBA). With discovery rules governing electronic discovery, one simply does not get to copy a phone and all that's on it with a discovery request.
There are angles in these proceedings that can be challenged, but I still believe the greatest benefit will be the fact Brady called this nitwit out and that simple fact is recorded in history. I hope the procedural issues carry the day, but district court reviews are simply tough, almost always ending in decisions upholding the arbitrator's decision.
I hope I'm wrong, and the legal team empties all barrels on the NFL. Any attorney here who has seen or suspects differently, I would love to hear your explanation.