The Gr8est
Veteran Starter w/Big Long Term Deal
- Joined
- Sep 13, 2004
- Messages
- 9,471
- Reaction score
- 12,414
Registered Members experience this forum ad and noise-free.
CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.It would be incredible if this happened. This would be the true a-bomb against the league's integrity, as I think we're all pretty well aware of what would come to light. I would expect the NFL--citing attorney-client privilege--to drop the case entirely rather than comply with this order.
Is this precluded by the agreement on no new discovery, or is it legit given that the NFL's attorney-client claims are in the appeals transcript which will be the basis of Berman's decision?Sally Jenkins @sallyjenx
If Judge Berman wants to end Brady case right now, all he has to do is tell the NFL to turn over their emails to Wells, not under seal.
That too.And he blew off the Pats' counsel's legitimate requests to correct the public record.
I'm not sure about that.Won't happen. A federal judge would know better than to issue an order that would violate attorney-client privilege (which would clearly apply to NFL/Pash) and if he did, the NFL would fight the order and very likely get it quashed.
I agree with you, but won't the exercising of that claim undermine the "independence" claim of the Wells Report in Berman's eyes?Won't happen. A federal judge would know better than to issue an order that would violate attorney-client privilege (which would clearly apply to NFL/Pash) and if he did, the NFL would fight the order and very likely get it quashed.
Is this precluded by the agreement on no new discovery, or is it legit given that the NFL's attorney-client claims are in the appeals transcript which will be the basis of Berman's decision?
I thought it was in the joint letter to Berman from the NFLPA and the NFL asking for the expedited schedule.I don't think there is an agreement on no new discovery, that is just a phrase some have used to describe Bermans letter.
Sally Jenkins @sallyjenx
If Judge Berman wants to end Brady case right now, all he has to do is tell the NFL to turn over their emails to Wells, not under seal.
Is this precluded by the agreement on no new discovery, or is it legit given that the NFL's attorney-client claims are in the appeals transcript which will be the basis of Berman's decision?
Is this precluded by the agreement on no new discovery, or is it legit given that the NFL's attorney-client claims are in the appeals transcript which will be the basis of Berman's decision?
I thought that if the case is not settled, Berman would rule by Sept 4.Both the NFL and the NFLPA stated they did not need any discovery to proceed to trial. That doesn't mean that the Judge can't ask for new information if he chooses.
And if the case isn't settled by September 4th, the NFLPA will ask for a continuance and I am sure both sides will then request additional discovery documents at that point since the case will go to a full hearing.
No, it was someone interpretation of what was meant by additional 15 pages to further support your case.I thought it was in the joint letter to Berman from the NFLPA and the NFL asking for the expedited schedule.
I thought that if the case is not settled, Berman would rule by Sept 4.
I hate that Minihane is pro-Brady, because I really, really, REALLY don't like that guy. Next to Borges he's the other guy I'd love to walk up to and slap him in the face and hope he takes offense.All of them. Unseal all of them. I think the best part is nothing the NFL says now is credible. Honestly. I hope Stradley tears Tanguay and Trollin tomorrow. I don't know if she understands the absurd level she will encounter. Actually now that I think about it Minihane will be back and he's pro Brady. So she has that.
I looked it up. From the joint letter to Berman: "No discovery is needed to adjudicate the parties' motions, which will be based on the arbitration record".No, it was someone interpretation of what was meant by additional 15 pages to further support your case.
There was no language of any agreement against further discovery.
It just occurred to me after reading this how POWERFUL even the threat of a Brady vs the NFL/ESPN/Ben Volin, Ron Borges, CHB, etc, would be (even if you forget about everything after the NFL/ESPN.)It would be incredible if this happened. This would be the true a-bomb against the league's integrity, as I think we're all pretty well aware of what would come to light. I would expect the NFL--citing attorney-client privilege--to drop the case entirely rather than comply with this order.
You know that the NFL will claim attorney client privilege. I am not sure how the Judge would rule in this case. Technically, Wells was serving as a lawyer in his role as investigator and any communications relating to this investigation should not be protected, but that may be why they had Resnor as the lead in the appeal to make the information privileged again.
But I think this is why the NFLPA put this in their case. I think they want to put the League up against the wall and try to force them to give up communications between Pash and Wells or cave in a settlement discussion because they are afraid of what will come out.