8/14: NFLPA's latest submission is in

[Pats2000]

Daniel Wallach ‏@WALLACHLEGAL 13m13 minutes ago
NFL: "Supreme Court precedent precludes a retrial of Brady’s disciplinary appeal in this Court. But that is precisely what the Union seeks"

What is this crap? Nash said the same thing that day. Any one explain what he means ? That the judge cannot ovverule NFL ? then why even file this before the NFLPA in court and why hasnt the judge thrown this case out yet ? Maybe I dont follow.

They are claiming probably in part because judge was reviewing the evidence in the Wells Report, that Brady is looking for a retrial on the facts. Except in this case, the report shows no direct evidence of wrongdoing, as well, the report itself is what Brady's punishment was predicated on. If the punishment isn't consistent with what was stated in the report as the role Brady played in all of this, then arbitration wasn't fair and consistent. Especially with law of shop that no player has ever been punished for being "generally aware".

NFL is mistaking retrial with examination of fair and consistent application of punishment per labor laws.

 

[TommyD4207]

Gabe Feldman ‏@SportsLawGuy 53s54 seconds ago
NFL: "The evidence of Brady's obstruction of the league's investigation is not only substantial, but undisputed"

This one is going to be tough to uphold because Pash missed taking out the part where Ted Wells said Brady was cooperative in the Wells Report.

Or that Brett Favre was a football player.

 

[scott99]

Question for you lawyer types. I read somewhere that the NFL can and might appeal if they lose. Can Brady appeal if he loses this ?

 

[XLIX]

Question for you lawyer types. I read somewhere that the NFL can and might appeal if they lose. Can Brady appeal if he loses this ?

Yes

 

[SVN]

Gabe Feldman ‏@SportsLawGuy 1m1 minute ago
To sum up, Commish considered all of the PA's arguments, and law does not allow courts to second-guess Commish's decisions on those issues.
Sally Jenkins ‏@sallyjenx 36s36 seconds ago
@SportsLawGuy Therefore henceforth refer to him as Emperor Goodell.

 

[Deus Irae]

So, according to the tweets about the NFL brieft, Judge Berman is essentially:

Being asked to overrule the Peterson case

while

Being told he has no power over the NFL decision



While that's an interesting tact for the NFL to take, I can't imagine Berman's going to be happy to read that brief.

 

[smurfalarm]

Gabe Feldman ‏@SportsLawGuy 1m1 minute ago
To sum up, Commish considered all of the PA's arguments, and law does not allow courts to second-guess Commish's decisions on those issues.
Sally Jenkins ‏@sallyjenx 36s36 seconds ago
@SportsLawGuy Therefore henceforth refer to him as Emperor Goodell.

Seriously this is some "UNLIMITED POWERRRRR" level BS.

 

[AllstonPatsFan]

Question for you lawyer types. I read somewhere that the NFL can and might appeal if they lose. Can Brady appeal if he loses this ?

Yes which is exactly why Berman wants them to settle.

 

[XLIX]

They are claiming probably in part because judge was reviewing the evidence in the Wells Report, that Brady is looking for a retrial on the facts. Except in this case, the report shows no direct evidence of wrongdoing, as well, the report itself is what Brady's punishment was predicated on. If the punishment isn't consistent with what was stated in the report as the role Brady played in all of this, then arbitration wasn't fair and consistent. Especially with law of shop that no player has ever been punished for being "generally aware".

NFL is mistaking retrial with examination of fair and consistent application of punishment per labor laws.

Is it just me, or does the NFL seem to not be aware that it was the Judge himself who steered the direction of the questions from this past Wednesday? Clearly, the facts of how the NFL arrived at Brady's guilt is important to Judge Berman, so I just don't understand their stance that all that stuff is irrelevant.

 

[ANGR89]

Wednesday can't get here soon enough! !! I just hope I'm not disappointed (don't know how they could rule for nfl) I hope that Goddell and his entire staff are humiliated all the way out of that court!

 

[RedSleevesPinkStripes]

Seriously this is some "UNLIMITED POWERRRRR" level BS.

 

[Gronkowski123]

amazing that players association agreed to this type of garbage.
how did peterson's case get thrown out then??

 

[FourierSeries]

It's not surprising the NFL doesn't wish its judgement to be disturbed. They know what we all know - based on the facts of the case, Berman would rule in the NFLPA's favor.

 

[AllstonPatsFan]

So, according to the tweets about the NFL brieft, Judge Berman is essentially:

Being asked to overrule the Peterson case

while

Being told he has no power over the NFL decision



While that's an interesting tact for the NFL to take, I can't imagine Berman's going to be happy to read that brief.

I agree. The judge knows the law and the NFL is rehashing its arguments again. The NFL has appeared to put all of their cards on the table and they have nothing except for deference to arbitration decisions. But courts don't uphold arbitrary and capricious decisions.

 

[Rob0729]

So the NFL is arguing they did everything by the book and got all the facts right, but argues that even if they did shady things and manipulated the facts that it sucks for Brady because Goodell can do whatever he wants. My guess is that won't fly as an argument.

 

[XLIX]

The NFL has literally said that rulings in the Minnesota cases don't apply because that's another district, then they use a ruling from California to support their argument.

 

[Gronkowski123]

Wednesday can't get here soon enough! !! I just hope I'm not disappointed (don't know how they could rule for nfl) I hope that Goddell and his entire staff are humiliated all the way out of that court!

goodell is so arrogant. i hope berman throws all of this in his face.
nfl says they have more than enough proof..well, were the **** is it??

 

[TommyD4207]

So, according to the tweets about the NFL brieft, Judge Berman is essentially:

Being asked to overrule the Peterson case

while

Being told he has no power over the NFL decision



While that's an interesting tact for the NFL to take, I can't imagine Berman's going to be happy to read that brief.

Nor is he going to be inclined to do it. ESPECIALLY when the Peterson case is currently under appeal (by the NFL) in Minnesota.

 

[BradyFTW!]

More Simmons (again, from the bottom up):

Bill Simmons ‏@BillSimmons 1h1 hour ago
This Bountygate piece from 3 years ago by @stephstradley is a fascinating re-read. http://www.stradleylaw.com/saints-bountygate-litigation-the-death-reason/…

Bill Simmons ‏@BillSimmons 2h2 hours ago
If it was raining on me right now, and the NFL told me it was raining on me... part of me would wonder if it was raining.

Bill Simmons ‏@BillSimmons 2h2 hours ago
Last point - after the last few years of Goodell, it's amazing to me that anyone believes the NFL on anything. Literally, on anything.

 

[SVN]

Is it just me, or does the NFL seem to not be aware that it was the Judge himself who steered the direction of the questions from this past Wednesday? Clearly, the facts of how the NFL arrived at Brady's guilt is important to Judge Berman, so I just don't understand their stance that all that stuff is irrelevant.

What else do they have to stand on ? Admit they did a bad job but then ask judge to uphold it?