Official Brady vs. NFL Federal Court 8/12 Thread (LIVE UPDATES)

[SVN]

Michael McCann ‏@McCannSportsLaw 5m5 minutes ago
Michael McCann retweeted Stephen Brown
Judge Berman asks same question that has confounded all of us for months: What the heck does "generally aware" mean?
Michael McCann added,
Stephen Brown @PPVSRB
Berman: I don't know what to make of that finding Tom Brady was at least generally aware of the activities of" Mcnally, Jastremski.

Michael McCann ‏@McCannSportsLaw 2m2 minutes ago
Michael McCann retweeted Philip Jordan
Looks like Judge Berman is taking case into his own hands. You don't want to do discovery? Fine. I'll do it for you.
Michael McCann added,
Philip Jordan @philipgjordan
@McCannSportsLaw what is going on here? This sounds like merits of case, not process/CBA. Is this to determine arb/cap decision?

Michael McCann ‏@McCannSportsLaw 12m12 minutes ago
Judge Berman seems to be saying, I get that the legal Q is about process, but you need to convince me Brady actually did something wrong.

 

[Rob0729]

Seems like Brady is going to win in court. If the NFL needs to convince Judge Berman that Brady did something wrong, their case is DOA.

"Mr. Nash, what is your evidence that Tom Brady instructed Mr. McNally to deflate footballs?"

"Well, Mr. Brady destroyed his cell phone."

"That is not evidence that Mr. Brady instructed anyone to deflate footballs. Anything else."

"Well, Mr. Brady spoke to and texted Mr. Jastremski after the AFCCG."

"So he told them to deflate the footballs after they deflated them?!? Anything else?"

"Mr. Brady gave Mr. McNally free shoes."

"Is there any proof that he did that as a quid pro quo to deflating footballs?"

"No, but...."

"Anything else?"

"Mr. McNally called Mr. Jastremski Dorito Doink."

"I think we are done here."

 

[Big-T]

To me this just looks like "you have no evidence to apply any penalties in the first place so they cannot be upheld in court as you had no basis to enforce them in the first place".

 

[Soul_Survivor88]

Stephen BrownVerified account‏@PPVSRB
Berman: "What is the evidence of a scheme or conspiracy that covers the Jan. 15 game? I’m having trouble finding it."

Matt Chatham ‏@chatham58 3m3 minutes ago
On March 2, 1962, Wilt Chamberlain scored 100 pts...not an anniversary per se, just reminded me of Judge Berman vs the NFL

 

[karguy85]

Turning to NFLPA now.

 

[sb1]

Stephen Brown ‏@PPVSRB 11s11 seconds ago Massapequa Park, NY

Now Berman turns to argument by Brady team that NFL rules say he deserves a fine, not a suspension. If it applies to players. #DeflateGate

 

[reflexblue]

Stephen Brown ‏@PPVSRB 27s27 seconds agoMassapequa Park, NY
Berman: From legal perspective: "You have to show that conspirators intended to be in the conspiracy...Is there a meeting?"

And we just scored again

 

[turkeyneck]

Presumably he isn't actually conceding that that deflation happened.

I hope not but I didn't like the way he framed that.

 

[Fencer]

It's possible but I don't see how he's leading up to that really.

He's leading up to a framing like:

"This was a really, really bad process. Thus, the case is about whether a really, really bad process is allowed to stand under the law."

 

[smurfalarm]

I'm not impressed, it sounds good, but sounds like he's going to grill the NFL and rip Goodell then say sorry Mr. Brady they followed the CBA, GFY. Hope I'm wrong but that is the vibe im getting.

He can definitely still rule against the NFLPA and I would again encourage posters here not to get too excited until Berman has questioned Brady's representatives, but in the second circuit, manifest disregard of the law is basis for overturning an arbitration award, so these questions actually might speak to a legitimate cause for overturning Goodell's arbitration decision.

 

[ViperGTS]

Where's Tanguay at? The whole "evidence won't be brought up" crowd?

Again evidence drives the procedure.

 

[BradyFTW!]

Turning to NFLPA now.

Ok, this is where Kessler earns his paycheck. If Brady's side comes out of this looking good, I'll start getting very optimistic.

 

[Halifax_Pats_Fan]

wow...great thread!!

 

[Kdo5]

Come on come on...things are good so far. Keep t going.

 

[strngplyr]

Before we get ahead of ourselves lets remember this isn't the entire process. He's only questioning one side right now. He'll pick holes in the NFLPA's case most likely, too.

The NFL's hand picked judge does seem to be on our side though, for the time being.

 

[sb1]

Stephen Brown ‏@PPVSRB 12s12 seconds ago Massapequa Park, NY

Nash cites Ray Rice suspension as evidence of Goodell's authority to dole out suspensions.

----
Uh, should the NFL be using that as an example?

 

[Fencer]

Yeah. on the bright side the one thing I'm overwhelmingly confident of here is that Brady's legal team is simply better than the NFL's. They'll be asked tough questions too, but I have quite a bit of faith that Kessler knows what's coming and has prepared solid arguments.

Better lawyers or just a better case to work with?

 

[5thRing-Hunt]

Can't get too excited. He's gonna go just as hard at brady

 

[BradyFTW!]

Stephen Brown ‏@PPVSRB 12s12 seconds ago Massapequa Park, NY

Nash cites Ray Rice suspension as evidence of Goodell's authority to dole out suspensions.

----
Uh, should the NFL be using that as an example?

A punishment where the NFL got worked like a speed bag in court, and a federal judge found that Goodell had lied in court? Bold strategy bringing that up, Nash.

 

[Concussion Protocol]

Before we get ahead of ourselves lets remember this isn't the entire process. He's only questioning one side right now. He'll pick holes in the NFLPA's case most likely, too.

The NFL's hand picked judge does seem to be on our side though, for the time being.

If Berman sees this as only about the AFCCG, there aren't many holes to be picked