Assuming an en banc review is granted, what might be the odds of Brady winning?I don't have the experience to make even an educated guess. From everything I've read, its a long shot.
But I do think when you can cite something this court has done that no other court has done before, then you've got the attention of the judges for them to at least consider what the far reaching effects of the existing ruling will be if left on the books. I like how that issue in no longer framed as a Brady/NFL issue, but a more importantly an issue that will have far reaching effects on all workers under existing CBA's. Olsen had to raise an issue that moved the focus from Brady/NFL to workers nationwide to have a chance. I think he's done that.
So I think you'll see some things later today from experts indicating the brief and issues framed are stronger than they anticipated, and couple that with Ted Olsen making the argument, and the odds of the en banc getting granted are higher than most anticipated. But putting a number on that at 20-30-40%??? I don't know.