8/14: NFLPA's latest submission is in

[Palm Beach Pats Fan]

I read somewhere that if judge berman makes this a trial of the evidence by getting witnesses and vacates the suspension, the nfl has a good chance of winning the appeal.

The NFLPA and Judge Berman have been very good at positioning "blatant disregard for the facts in the case" as completely relevant to the issue of whether Goodell is "evidently biased" or not.

This has been a WONDERFUL development. True, the experts did not expect it. But the logic seems valid

 

[Love The Drake]

Satire Goodell offered this statement when asked when the NFL will back down.
Mr Brady is clearly guilty of being the best modern day Quaterback being the fantasy of every woman ive been with in the last 15 years.
Worse than anything however is the constant physical and emotional abuse and pain he inflicts on my beloved Jets.
As i told Revis if you want to be on my goodside and finish your career without incident then you better sign or in Toms case demand a trade to fly my JETS!
A crying commisoner was frantic and kept chewing on his tie mumbling we had Bill Belichick he was our coach our coach!
Mine Mine Mine as he was looking at what appeared to be a sketch of Tom Brady wearing a Jets jersey.
After being told he needed help he then proceeded to threaten to suspend the whole crowd.
He then kept saying no Daddy your head is deflated not mine.

Clearly this will all be taken in condiseration when Judge Berman makes his ruling.

More to come

 

[raduray]

Some of the legal twitterers were pointing out that if the rumors of witnesses on Wednesday are true that might be inviting a reversal.

Consider the source: ESPN

 

[ctpatsfan77]

Remember, this is the crew to whom you would have to explain the fundamentals - like why you use degrees Kelvin and added back in the atmospheric pressure. And fuggedabout explaining moles. That would be like sticking knitting needles in your eyes! They'd be wondering what guacamole has to do with the whole process when you mention Avogadro's number!

It's actually "kelvins," no degrees, no capital K.

 

[Joey007]

Here's a link I found at the top from Masslive.

http://blog.masslive.com/patriots/2015/08/tom_brady_lawsuit_judge_richar.html

What do you guys think of that viewpoint? I'm not educated enough here.

 

[TommyD4207]

Ok, so I just read the NFL's filing (in like 3 minutes, wow that was short. They had 2 days to write that).

- Article 46
- Judge can't a) re-litigate the appeal (which is true, he can't), b) disturb the findings of the Commissioner (which he already disturbed).
-Brady's refusal to turn over his cellphone was worse than murder and dog-killing rolled into one.
-McNally is apparently a gangster who was able to threaten Brady over sneakers.
-The fact that Brady's communication with Jastremski went up AFTER the AFC Championship Game was apparently proof of a scheme to tamper with footballs...BEFORE the AFC Championship Game.
-Article 46
-Judge should rule on the Peterson appeal currently in Minnesota court, and ignore the actual findings.
-Judge should ignore any precedent on-point, be it binding from the 2nd Circuit, or from anywhere else.

Also, another fun fact. The judge shouldn't re-litigate the appeal, but Goodell totally can, and after he's certified the decision as well.

Please get his sorry ass in the witness chair. Please.

 

[JJC]

It's actually "kelvins," no degrees, no capital K.

Pretty sure my usage was correct, but perhaps old school. BS/MS in Mechanical Engineering.

 

[raduray]

It's actually "kelvins," no degrees, no capital K.

What the eff are you doing?!? We're trying to simplify this for the NFL

 

[Deus Irae]

I need to sleep on it, but think I can already see how Kessler's going to hit both the CA and the SC cases. I wish I could be in the courtroom to hear those arguments. Kessler's got a real chance to make national law here.

 

[raduray]

I think I can already see how Kessler's going to hit both the CA and the SC cases. I wish I could be in the courtroom to hear those arguments. Kessler's got a real chance to make national law here.

Care to share? Inquiring minds want to know.

 

[TommyD4207]

Care to share? Inquiring minds want to know.

He just said let him sleep on it.

 

[raduray]

He just said let him sleep on it.

Aah, missed that. Short nap maybe?

 

[Fencer]

Ok, so I just read the NFL's filing (in like 3 minutes, wow that was short. They had 2 days to write that).

- Article 46
- Judge can't a) re-litigate the appeal (which is true, he can't), b) disturb the findings of the Commissioner (which he already disturbed).
-Brady's refusal to turn over his cellphone was worse than murder and dog-killing rolled into one.
-McNally is apparently a gangster who was able to threaten Brady over sneakers.
-The fact that Brady's communication with Jastremski went up AFTER the AFC Championship Game was apparently proof of a scheme to tamper with footballs...BEFORE the AFC Championship Game.
-Article 46
-Judge should rule on the Peterson appeal currently in Minnesota court, and ignore the actual findings.
-Judge should ignore any precedent on-point, be it binding from the 2nd Circuit, or from anywhere else.

Also, another fun fact. The judge shouldn't re-litigate the appeal, but Goodell totally can, and after he's certified the decision as well.

Please get his sorry ass in the witness chair. Please.

I'm still not seeing a link. Sorry for the confusion!

 

[makoute]

Can never get enough of this gif!

 

[ViperGTS]

Ok, so I just read the NFL's filing (in like 3 minutes, wow that was short. They had 2 days to write that).

- Article 46
- Judge can't a) re-litigate the appeal (which is true, he can't), b) disturb the findings of the Commissioner (which he already disturbed).
-Brady's refusal to turn over his cellphone was worse than murder and dog-killing rolled into one.
-McNally is apparently a gangster who was able to threaten Brady over sneakers.
-The fact that Brady's communication with Jastremski went up AFTER the AFC Championship Game was apparently proof of a scheme to tamper with footballs...BEFORE the AFC Championship Game.
-Article 46
-Judge should rule on the Peterson appeal currently in Minnesota court, and ignore the actual findings.
-Judge should ignore any precedent on-point, be it binding from the 2nd Circuit, or from anywhere else.

Also, another fun fact. The judge shouldn't re-litigate the appeal, but Goodell totally can, and after he's certified the decision as well.

Please get his sorry ass in the witness chair. Please.

It's the same drivel that has been disproved numerous times. It uses examples from the Wells report that the Judge already said is useless. The NFL screwed themselves by listening to loser organizations and this is what they are left with. A steaming pile of crap. To use a report that has already been crapped on by the judge is all we need to know.

They have nothing, and this is final proof.

 

[nabwong]

I am not sure what playbook the NFL is using but it might be

The NFL legal team is the Jane Rosenberg of the legal world.

 

[BradyFTW!]

Stop the fight! For the love of god he's dead, STOP THE FIGHT!!!

As the Court observed, the Award accuses Brady of having participated in a “scheme” fourteen times—but the word does not appear once in the 139 page Wells Report or the Vincent discipline letter. This is a clear essence-of-the-CBA violation. As the Article 46 arbitrator, Goodell only had the authority to adjudicate the discipline appealed to him; Peterson establishes that the arbitrator has no CBA authority to justify a suspension on a different basis from that upon which it was imposed. Peterson 15-16.
Indeed, it is settled law that arbitrators may not lawfully “exceed[] the scope of the [parties’] submission.” United Steelworkers v. Enter. Wheel & Car Corp., 363 U.S. 593, 597 (1960). Here, the matter submitted to Goodell for arbitration was Brady’s appeal of the discipline imposed upon him for alleged “general awareness.” Goodell did not have the authority, sitting as the Article 46 arbitrator, to support the discipline ab initio on grounds not found when the discipline was imposed. Peterson is conclusive.

I've just spent 39 of the past 52 hours at work dealing with a massive client issue. The past 20 minutes, drinking a beer and reading through this motion, makes (most of) the pain wash away in pure legalese bliss.

The fact that the bolded sentence even requires affirming is absolutely ludicrous. Goodell's literally fighting for the right to make it up as he goes along.

 

[Deus Irae]

Care to share? Inquiring minds want to know.

Not yet, because I may need to make some tweaks in my thoughts.

 

[Tony2046]

Remember, this is the crew to whom you would have to explain the fundamentals - like why you use degrees Kelvin and added back in the atmospheric pressure. And fuggedabout explaining moles. That would be like sticking knitting needles in your eyes! They'd be wondering what guacamole has to do with the whole process when you mention Avogadro's number!

What's the atomic mass unit of guacamole?

 

[TommyD4207]

I'm still not seeing a link. Sorry for the confusion!

http://ftpcontent3.worldnow.com/wfxt/pdf/nfl-response.pdf