A report by CBSSports.com claims Tom Brady's legal team is using cases like Brett Favre's sexting scandal and the Saints' Bountygate to show that a player has not been suspended in the past for refusing to cooperate in an NFL investigation.

CBSSports.com obtained legal documents containing the transcript of the appeal of Brady's four game suspension to NFL Commissioner Roger Goodell. In that appeal, Brady's lawyer Jeffrey Kessler points to Favre's $50,000 fine and lack of suspension after Favre allegedly sent suggestive text messages to two part time massage therapists working for the New York Jets. Favre did not turn over his cell phone during that investigation, just as Brady did not surrender his phone after allegations of his involvement with deflated footballs in the 2015 postseason.

The Favre suit was settled out of court.

Brady's four game suspension as part of the Patriots' ball-deflation scandal is being challenged in federal court by the NFL's Player Association.