Official 9/1 Decision Day? News Updates and Links Thread

[PatsWickedPissah]

Simmons's prediction:

Bill Simmons ‏@BillSimmons 2m2 minutes ago
My Deflategate prediction: Brady gets off, NFL vows appeal, Goodell slowly distances himself (makes Pash/Vincent fall guys), appeal dropped.

Bill Simmons ‏@BillSimmons 29s30 seconds ago
PS: Goodell's out is "I wouldn't have handled this so poorly if the people underneath me didn't fail me." Easily leakable to media cronies.

Makes too much sense to actually happen.
This scenario could have & should have been invoked any time from the 1st days post game.

(I wanted to write should of, but I decided to behave)

 

[Tuck]

You know, I wonder about that. If Berman vacates, it seems possible to me that the league will finally decide it's better to leave it alone.

Agree. If Brady wins and Berman rips them a new one this becomes a PR nightmare that they are not going to want hanging over the entire season.

 

[BradyFTW!]

https://twitter.com/BillSimmons/status/638753325182271488

Bill SimmonsVerified account‏@BillSimmons
Interesting timing that today is the day the NFL's PR chief decided to leave... http://profootballtalk.nbcsports.com/2015/09/01/p-r-chief-paul-hicks-leaves-the-nfl/…

Wow, that really does seem like potentially big news. Sure, it could be a coincidence that the head of PR for the NFL happens to be resigning today, but it could also be a pretty clear sign of where things are heading if Judge Berman already let both sides know approximately how he's ruling.

 

[Bobsyouruncle]

The PR chief might be guilty of giving sound advice. "Hey Roger, maybe you should stop lying all the time."

That's likely a fireable offense

 

[Danger Zone]

Makes too much sense to actually happen.
This scenario could have & should have been invoked any time from the 1st days post game.

(I wanted to write should of, but I decided to behave)

I responded back that we shouldn't forget the fact that Goodell has already been setting people up to take the fall.

Goodell has stated that Ted Wells had complete control over the investigation and it would have been up to him to correct Mortenson's egregiously/blatantly false numbers.

 

[Tuck]

https://twitter.com/BillSimmons/status/638753325182271488

Bill SimmonsVerified account‏@BillSimmons
Interesting timing that today is the day the NFL's PR chief decided to leave... http://profootballtalk.nbcsports.com/2015/09/01/p-r-chief-paul-hicks-leaves-the-nfl/…

Wow, that really does seem like potentially big news. Sure, it could be a coincidence that the head of PR for the NFL happens to be resigning today, but it could also be a pretty clear sign of where things are heading if Judge Berman already let both sides know approximately how he's ruling.

Hard for me to believe a scenario where the NFL learned about Bermans decision today and it caused this guys resignation. He's already got the new job. That doesn't happen overnight.

 

[RobertWeathers]

Between the verdict and 1st round of official cuts it's a bit distracting to the workday.

 

[RobertWeathers]

Simmons's prediction:

Bill Simmons ‏@BillSimmons 2m2 minutes ago
My Deflategate prediction: Brady gets off, NFL vows appeal, Goodell slowly distances himself (makes Pash/Vincent fall guys), appeal dropped.

Bill Simmons ‏@BillSimmons 29s30 seconds ago
PS: Goodell's out is "I wouldn't have handled this so poorly if the people underneath me didn't fail me." Easily leakable to media cronies.

Looks like Simmons brushed up on his Machiavelli.

 

[RelocatedPatFan]

is it just me or does anyone else feel like they've been watching a white ford bronco driving on the highway for 8 months?

 

[BradyFTW!]

Daniel Wallach ‏@WALLACHLEGAL 4m4 minutes ago
If Brady wins, "fundamental fairness" (i.e., the absence thereof) will be the key, most likely coupled with a "no notice" or "bias" finding

Daniel Wallach ‏@WALLACHLEGAL 20m20 minutes ago
Question is whether Brady had "fair" opportunity to present arguments & evidence when denied J. Pash testimony & investigative notes. Me: no

Daniel Wallach ‏@WALLACHLEGAL 23m23 minutes ago
Recent decision by Judge Berman equates “fundamental fairness” w/ “opportunity” to “present arguments and evidence”




Daniel Wallach ‏@WALLACHLEGAL 25m25 minutes ago
J Berman (2015): “Each party was given an adequate opportunity to present its arguments & evidence” (award confirmed)


Daniel Wallach ‏@WALLACHLEGAL 28m28 minutes ago
Judge Berman (2015): "An arbitrator must only give each of the parties an adequate opportunity to present its evidence and argument”


Daniel Wallach ‏@WALLACHLEGAL 29m29 minutes ago
Judge Berman (2015): "Except where fundamental fairness is violated, arbitration determinations will not be opened up to evidentiary review"

Daniel Wallach ‏@WALLACHLEGAL 31m31 minutes ago
Judge Berman (2000): "Actual prejudice warranting vacatur of arbitration award is misconduct that amounts to denial of fundamental fairness"
Daniel Wallach ‏@WALLACHLEGAL 36m36 minutes ago

Judge Berman (2003): “Except where fundamental fairness is violated, arbitration determinations will not be opened up to evidentiary review”

==============

I think Wallach makes some great points here. Can easily chain together what might be Berman's line of thought based on past rulings. He's consistently held (in both 2003 and 2015) that where fundamental fairness is violated, arbitration awards can be opened up for evidentiary review.

So it does something like this:

• By failing to make Pash and investigative notes available, Goodell deprived Brady of the opportunity to present and argue his case.
• This constitutes a violation of fundamental fairness, and in fact demonstrates actual prejudice. It also opens up the arbitrator's findings to evidentiary review. This draws a clear line in the sand between Brady and Garvey. Garvey's conclusion specifically stated that it applied where no misconduct was alleged; misconduct is found here, and that is the basis for doing what Garvey case refused to do.
• FAA clearly states that actual prejudice is grounds for vacating an arbitrator's awards. This further covers legal bases vs. appeal. Unless the NFL could demonstrate that Goodell was not arbitrating with prejudice, Berman's ruling would stand.
• These findings would also protect Brady from Goodell re-doing the kangaroo court at his leisure. By finding that Goodell acted with actual prejudice, I believe he would be disqualified from rehearing a new arbitration with investigative notes + Pash made available. And If Berman wishes, he could even agree with Kessler that lack of notice cannot be cured, and therefore the case cannot be rearbitrated at all.

 

[SVN]

Greg A. Bedard ‏@GregABedard 38m38 minutes ago
I shudder to think what will become of the NFL office without Paul Hicks, who was smart, level-headed and brought an outsider's perspective
Greg A. Bedard ‏@GregABedard 36m36 minutes ago
Hicks wasn't listened to enough IMO. Now, too many internal NFL people.

 

[RobertWeathers]

is it just me or does anyone else feel like they've been watching a white ford bronco driving on the highway for 8 months?

Its close...

I just watched that 30 for 30 a few weeks ago. To this day it's still surreal.

 

[shmessy]

I'll wait for Mort to confirm. Then and only then will I know that it is not true, that it was just "a pile of Mort"

Hey, it ain't official until Mort or Erika Leigh tweets it!

 

[NG Pats Fan]

I'm supposed to be directing traffic on this detail in working but screw that..i am busy checking my phone every 5 minutes for a ruling. Come on rule!

 

[RelocatedPatFan]

Daniel Wallach ‏@WALLACHLEGAL 4m4 minutes ago
If Brady wins, "fundamental fairness" (i.e., the absence thereof) will be the key, most likely coupled with a "no notice" or "bias" finding

Daniel Wallach ‏@WALLACHLEGAL 20m20 minutes ago
Question is whether Brady had "fair" opportunity to present arguments & evidence when denied J. Pash testimony & investigative notes. Me: no

Daniel Wallach ‏@WALLACHLEGAL 23m23 minutes ago
Recent decision by Judge Berman equates “fundamental fairness” w/ “opportunity” to “present arguments and evidence”




Daniel Wallach ‏@WALLACHLEGAL 25m25 minutes ago
J Berman (2015): “Each party was given an adequate opportunity to present its arguments & evidence” (award confirmed)


Daniel Wallach ‏@WALLACHLEGAL 28m28 minutes ago
Judge Berman (2015): "An arbitrator must only give each of the parties an adequate opportunity to present its evidence and argument”


Daniel Wallach ‏@WALLACHLEGAL 29m29 minutes ago
Judge Berman (2015): "Except where fundamental fairness is violated, arbitration determinations will not be opened up to evidentiary review"

Daniel Wallach ‏@WALLACHLEGAL 31m31 minutes ago
Judge Berman (2000): "Actual prejudice warranting vacatur of arbitration award is misconduct that amounts to denial of fundamental fairness"
Daniel Wallach ‏@WALLACHLEGAL 36m36 minutes ago

Judge Berman (2003): “Except where fundamental fairness is violated, arbitration determinations will not be opened up to evidentiary review”

Does thsi explain why Judge Berman was so interested in the evidence and asking "those" questions? i realize a tweet is only 144 characters, but Daniel needs to use laymen speak a bit more (if he wants a larger audience).

 

[RelocatedPatFan]

Its close...

I just watched that 30 for 30 a few weeks ago. To this day it's still surreal.

Obviously it's a very different situation, but I've had this unnatural attention to this particular subject. Mostly because I'm a big Pat fan and love the TFB story. I mean I haven't even seen a Red Sox game this season (and only checked standings a few times. My dad gave me updates, but I really didn't care).

I feel trapped in some ways, but the unfairness at all levels bothers me (though, I still function at a high level in my job, studies, and as a family man).

 

[RobertWeathers]

Greg A. Bedard ‏@GregABedard 38m38 minutes ago
I shudder to think what will become of the NFL office without Paul Hicks, who was smart, level-headed and brought an outsider's perspective
Greg A. Bedard ‏@GregABedard 36m36 minutes ago
Hicks wasn't listened to enough IMO. Now, too many internal NFL people.

I find this fascinating.

This is not the time for your PR Chief to leave. Approval ratings are at an all-time low. This is wartime.

Who knows the dealeo behind the scenes but someone was clearly unhappy within someone or something.

Wow.

 

[Soul_Survivor88]

I think Judge Berman needs to be considerate towards the public...and towards Tom Brady especially. Brady's been through enough already. So Issue the ruling NOW!!! Don't keep us waiting

 

[RelocatedPatFan]

I find this fascinating.

This is not the time for your PR Chief to leave. Approval ratings are at an all-time low. This is wartime.

Who knows the dealeo behind the scenes but someone was clearly unhappy within someone or something.

Wow.

He obviously wasn't a fan of the Jets...and perhaps failed to embrace his role in phase II of defamegate,

 

[JackBauer]

My god this is the most excruciating wait ever. Worse than waiting for Christmas as a kid, even.