The thing is, the evidence in the case isn't at issue before the appeals court. What is at issue is was Berman wrong on the law in citing notice and other failures on the NFL's part. I can't see where they can say all of Berman's findings were not in accordance with the law, especially the one about a witness not being allowed to testify who edited the Well's report. There is precedent for overturning arbitration awards during such instances so saying Berman was wrong on that is pretty hard to fathom.