Florio: Judge Berman put a poison pill in his ruling

[shmessy]

.......and to think how upset I was several weeks ago when the NFL successfully schemed to keep this out of Judge Doty's courtroom!!!

 

[Ivan]

This is actually hilarious, it means that Rog has finally met his Rog. Just as Her Komissioner allowed Brady to appeal to Herr Komissioner Berman is allowing Goodell to appeal to Berman, over and over again.

We have an old family saying " there are thousands of ways to say f.ck you" very sweet, I know, but also very true. **** Berman has apparently mastered some of the best ways.

I'm bowing down.

I don't do that often.

 

[Canuck]

The result of an appeal can be:

• Affirmed: Where the reviewing court basically agrees with the result of the lower courts ruling(s).
• Reversed: Where the reviewing court basically disagrees with the result of the lower courts ruling(s), and overturns their decision.
• Remanded: Where the reviewing court sends the case back to the lower court.

There can be multiple outcomes, so that the reviewing court can affirm some rulings, reverse others and remand the case all at the same time. Remand is not required where there is nothing left to do in the case. "Generally speaking, an appellate court's judgment provides 'the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified'".[15]

Some reviewing courts who have discretionary review may send a case back without comment other than review improvidently granted. In other words, after looking at the case, they chose not to say anything. The result for the case of review improvidently granted is effectively the same as affirmed, but without that extra higher court stamp of approval.

https://en.wikipedia.org/wiki/Appellate_procedure_in_the_United_States

 

[RelocatedPatFan]

He's just now figuring that out? I think he just trolled himself .

 

[Ivan]

wow, amazing if true. Will the NFL ever give up, though?

Nope, there's still a chance he could sit out the first four games of the 2040 season.

I would be so pissed.

 

[raduray]

I don't think they can, to be honest. Stakes are too high. Losing god-emperor commissioner powers in the court that they claim should preside over all arbitration issues is too big a loss for the NFL. Even if they know they're 95% likely to lose, they have to see the appeal process through, because losing is tantamoun to a major CBA concession without getting anything back in exchange.

I guess I don't really understand that. What would be the downside of a fair neutral disciplinary process? Why is the NFL fighting so hard against that?

 

[Soul_Survivor88]

Why does the NFL want to take this further... it's f.ucking air pressure!!!

Gosh, I hate these guys

 

[Brady2Moss]

Berman is the greatest judge of all time! LMAO he essentially made it so he can "Goodell" the final say on the case by having the case bounce back to him if the NFL manages to win the appeal. HAHAH taste of your own medicine

 

[raduray]

Berman obviously thinks his decision is strong enough to be upheld on appeal and found for Brady resoundingly. However, if the decision is overturned by the Second Circuit, it automatically goes back to the SDNY for further proceedings consistent with the decision of the Second Circuit. Since Berman did not need to decide these points, he could at this point decide them, and punch Goodell directly in the gut and vacate once again on these other grounds. It's basically him saying to the NFL, and Goodell in particular, "don't appeal or it could get worse for you if/when the case comes back to me."

Also wanted to add, that these other grounds Berman did not decide on go a lot more to the integrity of Goodell and would really hurt Goodell if Berman found against him/the NFL on them

Can he really do that? Add new grounds to his decision? Just like Goodell did? How appropriate is that?

 

[Rob0729]

The result of an appeal can be:

• Affirmed: Where the reviewing court basically agrees with the result of the lower courts ruling(s).
• Reversed: Where the reviewing court basically disagrees with the result of the lower courts ruling(s), and overturns their decision.
• Remanded: Where the reviewing court sends the case back to the lower court.

There can be multiple outcomes, so that the reviewing court can affirm some rulings, reverse others and remand the case all at the same time. Remand is not required where there is nothing left to do in the case. "Generally speaking, an appellate court's judgment provides 'the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified'".[15]

Some reviewing courts who have discretionary review may send a case back without comment other than review improvidently granted. In other words, after looking at the case, they chose not to say anything. The result for the case of review improvidently granted is effectively the same as affirmed, but without that extra higher court stamp of approval.

https://en.wikipedia.org/wiki/Appellate_procedure_in_the_United_States

You know Kessler will argue that if the judges overrule Berman's ruling that they remand it back to Berman because there were arguments he didn't rule on. I am no lawyer, but Judge Berman may have made it so the appeals court would forced to remand it back to Berman if they overturned his ruling because there are still points he hasn't had a chance to rule on. I would assume they would most likely be overturned by a higher court if they didn't.

 

[Hoodie]

I love Berman. going to buy a custom Berman Pats jersey. If this is the kind of stuff that had him tied up for an extra day... totally worth it.

But remember, if you buy an NFL jersey, Kraft gets a little $, Irsay, McNair, Woody Johnson even Goodell gets a little.

 

[karguy85]

Can he really do that? Add new grounds to his decision? Just like Goodell did? How appropriate is that?

He isn't. Judges will not reach certain claims all the time because they will become "moot" once the court vacates on other grounds/claims. Basically, the judge can't vacate any more or offer any more relief based on these additional claims, so there is no point to decide on them. But since they were already argued by Brady's lawyers, if Brady loses on appeal, Berman can now decide on them (since they would not longer be moot). I'm a litigation attorney (actually worked for 2.5 years at the firm that represented the NFL in the SDNY).

 

[Palm Beach Pats Fan]

lol... gotta hear what Lester Munson has to say about this!

 

[Soul_Survivor88]

Berman obviously thinks his decision is strong enough to be upheld on appeal and found for Brady resoundingly. However, if the decision is overturned by the Second Circuit, it automatically goes back to the SDNY for further proceedings consistent with the decision of the Second Circuit. Since Berman did not need to decide these points, he could at this point decide them, and punch Goodell directly in the gut and vacate once again on these other grounds. It's basically him saying to the NFL, and Goodell in particular, "don't appeal or it could get worse for you if/when the case comes back to me."

Also wanted to add, that these other grounds Berman did not decide on go a lot more to the integrity of Goodell and would really hurt Goodell if Berman found against him/the NFL on them

hmm...interesting

I still say it isn't worth risking a reversal in the upper court. The goal should be to include as many compelling arguments in the ruling as possible, right?

 

[Hoodie]

Nope, there's still a chance he could sit out the first four games of the 2040 season.

I would be so pissed.

Maybe they'll force Benjamin Brady to sit out 4 games.

 

[MagicMarker]

I have to think Berman told the NFL "You guys really ought to settle this. Wink. Wink.".

The NFL basically said, "We don't care. We'll win on appeal".

 

[IcyPatriot]

According to Florio, Judge Berman didn't rule on several of Brady's arguments just in case the NFL wins the appeal. Then it woud go back to Berman and he could rule on those issues and then send the NFL back in the appeals process. This could tie this up in court for years.

http://profootballtalk.nbcsports.co...ans-ruling-may-contain-a-warning-for-the-nfl/

Not being a lawyer I was hoping something like this was in there .... great thanks Richard 'BD' Berman.

They were so ****y and snob in court ... daring Berman because they thought they would win no matter what.
I hope Pash is kicking holes in walls tonight and breaks a toe.

 

[Canuck]

If the appellate court remands the case and sends it back to the lower court but doesn't reverse it, I presume
that the suspension still remains overturned.

 

[raduray]

He isn't. Judges will not reach certain claims all the time because they will become "moot" once the court vacates on other grounds/claims. Basically, the judge can't vacate any more or offer any more relief based on these additional claims, so there is not point to decide on them. But since they were already argued by Brady's lawyers, if Brady loses on appeal, Berman can now decide on them (since they would not longer be moot). I'm a litigation attorney (actually worked for 2.5 years at the firm that represented the NFL in the SDNY).

Thanks. Yours is a useful perspective. Would there be additional hearings or would Berman amend his ruling based on the existing record?

 

[RobertWeathers]

I wasn't sold on 46, but since he actually quote the contents of Article 46 against the NFL... now I kinda am. Will probably wait until I'm more sober than I am now to pull the trigger, but this is the biggest no-brainer since I bought my last Brady jersey.

Berman took Article 46 and took a big ole dump on it.