8/14: NFLPA's latest submission is in

[Bruins29]

Even if they had proof they did not follow the law of the shop nor follow any precedent. Even if they had TB on video putting needles in balls they would have a whole set of other problems in regard to the way they went about penalizing him and what the penalty was and is supposed to be - granted they keep changing the penalty.

 

[nowayback]

NFL Basically saying " we dont need evidence or to even be right " We are lucky godell is commish and not President . For good leaders laws are there as a guideline, not to be abused for ones own personel gains , or tp promote his agenda .

 

[ANGR89]

Anyone else think about right now some borderline owners have to be extremely pissed! I mean football is on tonight but what's going to get all the attention? Not their teams, it's going to be this absolute joke of a case.

 

[Gronkowski123]

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.

insanity...
and if brady loses,apparently he won't be able to get an injunction so appealing again is pointless.

 

[chasa]

He deflated footballs because i said he deflated footballs, and i am the law and the judge and the jury and everything.,

 

[BradyFTW!]

I know, it's absurd. The NFL is literally saying that judge Berman has no right to question the conclusions that they specifically asked him to validate. It is dumbfounding.

And they're claiming that the law states that his conclusions cannot be overruled, despite the fact that his conclusions have been overruled every time he's been taken to court.

It's like a bug that keeps flying into the glass door. At some point, you should realize that there's something there that you're not seeing.

 

[nowayback]

Daniel Wallach‏@WALLACHLEGAL 1m1 minute ago

NFL argues that Goodell "addressed" the notice issue, as if that's the beginning and end of the inquiry (I don't think Berman will agree)

Aha so "notice" is important, I cant recall godell addressing it, .....in a way that was known to others

 

[MuscleCarLover]

Look, I am no lawyer (molecular biologist by trade) and I don't play one on TV. My takeaways from the filings tonight:
NFL
- Roger Goodell (RG) considered everything the NFLPA and Brady have said, and he found it was nothing important
- You Judge Berman (JB) have no say in this as the NFL arbitor (RG) has total control and power
- We again assert that you have no power to over rule this (JB)

NFLPA/Brady
I could not even start with the points they made. Not a total homer, their brief was more in depth and factual and I am sure we will all discuss it.

Line of Thought
With an hour or so with the NFLPA/Brady brief to see, the NFL makes ZERO effort to contend with the notice issue (which to me is HUGE) and lack of clear precedent for infraction. The NFL seems wildly confident they will win. I am a normal person trying to look at this rationally but at this point I se no way they can. If JB goes the NFL way, I want an immediate appeal to a higher court. I WANT so bad for this to go away but it's all beyond that now. This is bullchit and Brady and the NFLPA cannot lay down.

 

[TommyD4207]

Daniel Wallach‏@WALLACHLEGAL 1m1 minute ago

NFL argues that Goodell "addressed" the notice issue, as if that's the beginning and end of the inquiry (I don't think Berman will agree)

Aha so "notice" is important, I cant recall godell addressing it, .....in a way that was known to others

Notice is huge. You have to know what you can be punished for, and what those punishments are beforehand.

 

[The Boston Patriot]

I also wonder why Kessler didn't wait until the deadline.

Daniel Wallach ‏@WALLACHLEGAL 15m15 minutes ago
No NFL filing as of yet; risky move by Kessler to give NFL access to his work-product early (also ironic given lack of access at hearing)

I think this was done to put a hot poker up the arse of the NFL to stop screwing around and go with the fine, or risk(big time) losing another mess they created.

 

[chasa]

Notice is huge. You have to know what you can be punished for, and what those punishments are beforehand.

Tom did know before hand, about 32 seconds before Hitler told him he was getting punished for it.

 

[RelocatedPatFan]

I know, it's absurd. The NFL is literally saying that judge Berman has no right to question the conclusions that they specifically asked him to validate. It is dumbfounding.

Just put your signature at the bottom here and place it in your out bin. They forgot that jedi mind tricks only work on a weak mind.

 

[andrewssix]

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 ?

Michael Mccann explains it all here:

http://www.si.com/nfl/2015/08/11/deflategate-hearing-roger-goodell-tom-brady-judge-berman

I think this is the part that worries me:
"Can you explain what would happen if Judge Berman rules in favor of Brady?

If Judge Berman vacates Brady’s suspension, Brady would—for the moment—be eligible to play in the Patriots season opener against the Pittsburgh Steelers on September 10th. But the technical effect of Judge Berman vacating the suspension is that Goodell’s July 28th decision to uphold Brady’s punishment would be invalid. It is at least theoretically possible that the NFL could issue another punishment."

 

[nowayback]

In short godell and NFL are doing exactly what they have been doing since day 1 of framegate. Telling Berman.."in your face " mocking the judges power and Authority, telling what he can do or cant . We might see NFL security Carry Berman out of courtroom and godell taking his place

 

[h0c2000]

I feel the NFL is setting up for the appeal. I believe they're conceding this round.

 

[Pats2000]

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.

I think they may be setting up for the appeal a bit. Trying to make the case that it was an evidentiary hearing. They may know they have already lost.

 

[The Boston Patriot]

Michael Mccann explains it all here:

http://www.si.com/nfl/2015/08/11/deflategate-hearing-roger-goodell-tom-brady-judge-berman

I think this is the part that worries me:
"Can you explain what would happen if Judge Berman rules in favor of Brady?

If Judge Berman vacates Brady’s suspension, Brady would—for the moment—be eligible to play in the Patriots season opener against the Pittsburgh Steelers on September 10th. But the technical effect of Judge Berman vacating the suspension is that Goodell’s July 28th decision to uphold Brady’s punishment would be invalid. It is at least theoretically possible that the NFL could issue another punishment."

On what grounds. This makes no sense. If all they had couldn't do it, I don't think that he goes back to that same well again. It's over if Berman vacates it.

 

[AllstonPatsFan]

Michael Mccann explains it all here:

http://www.si.com/nfl/2015/08/11/deflategate-hearing-roger-goodell-tom-brady-judge-berman

I think this is the part that worries me:
"Can you explain what would happen if Judge Berman rules in favor of Brady?

If Judge Berman vacates Brady’s suspension, Brady would—for the moment—be eligible to play in the Patriots season opener against the Pittsburgh Steelers on September 10th. But the technical effect of Judge Berman vacating the suspension is that Goodell’s July 28th decision to uphold Brady’s punishment would be invalid. It is at least theoretically possible that the NFL could issue another punishment."

Right. Most likely it gets sent back to a neutral arbitrator but based on precedent a neutral arbitrator would issue a fine and now suspension.

Brady can avoid this uncertainty by settling.

I am a lawyer and my guess is this settles on Sept 3. Brady agrees to a hefty fine and no suspension. Lots of pressure being put on the NFL since their little PR crusade has no been exposed.

 

[JJC]

Or $324.99 for these:
http://www.amazon.com/Bill-Nye-The-Science-Collection/dp/B001JQGNAU
Granted I don't know if Bill Nye understands the ideal gas law any better than Troy Vincent.

For free, he can take the MIT Open Courseware class on Kinetic Theory & Ideal Gas - FOR HIGH SCHOOL STUDENTS!

 

[TommyD4207]

Right. Most likely it gets sent back to a neutral arbitrator but based on precedent a neutral arbitrator would issue a fine and now suspension.

Brady can avoid this uncertainty by settling.

I am a lawyer and my guess is this settles on Sept 3. Brady agrees to a hefty fine and no suspension. Lots of pressure being put on the NFL since their little PR crusade has no been exposed.

What precedent is there for a player to be suspended for an equipment violation or even obstruction?