NFL final appeal brief filed

[TheBostonStraggler]

I can understand the negative public perception of lawyers.

Many are them are just corporate henchmen or government workers (a/k/a the "king's men").

There are 1 or 2 of us out there dedicated to helping the little guy who got a raw deal and still believe in things like truth, justice, and the tooth fairy.

Good to hear you are lawyer that has an underlying value system not predicated on making the most money from your high volume ability to decorate lies most attractively. But why did you say there are "2 of us out there"? You are only one person, no??

 

[QuantumMechanic]

If the NFL were to win this appeal is that it for Brady or can he go further with it? Sorry but I know nothing about the law.

Depends how the appeal is actually decided.

If the Second Circuit reverses Berman and decides all outstanding issues then all Brady can do is ask the US Supreme Court to hear the case (highly unlikely they would).

If the appellate court reverses Berman and remands it back to Berman for him to decide the outstanding issues, then the loser before Berman on remand can appeal that decision to the Second Circuit. At that point we're likely done since even if the final loser asked SCOTUS to hear the case, they probably will not.

(The Circuit Courts of Appeal have to hear every case appealed to them, like it or not. Except in certain, specific cases, SCOTUS only hears what it chooses to hear.)

 

[TheBostonStraggler]

Depends how the appeal is actually decided.

If the Second Circuit reverses Berman and decides all outstanding issues then all Brady can do is ask the US Supreme Court to hear the case (highly unlikely they would).

If the appellate court reverses Berman and remands it back to Berman for him to decide the outstanding issues, then the loser before Berman on remand can appeal that decision to the Second Circuit. At that point we're likely done since even if the final loser asked SCOTUS to hear the case, they probably will not.

(The Circuit Courts of Appeal have to hear every case appealed to them, like it or not. Except in certain, specific cases, SCOTUS only hears what it chooses to hear.)

That sounds exactly like the kind of court Goodell would want....

 

[Deus Irae]

Depends how the appeal is actually decided.

If the Second Circuit reverses Berman and decides all outstanding issues then all Brady can do is ask the US Supreme Court to hear the case (highly unlikely they would).

If the appellate court reverses Berman and remands it back to Berman for him to decide the outstanding issues, then the loser before Berman on remand can appeal that decision to the Second Circuit. At that point we're likely done since even if the final loser asked SCOTUS to hear the case, they probably will not.

(The Circuit Courts of Appeal have to hear every case appealed to them, like it or not. Except in certain, specific cases, SCOTUS only hears what it chooses to hear.)

The above is not correct. The loser of this appeal can ask for a hearing en banc.

 

[Patsfanin Philly]

It's hard to prove that an opinion is "knowingly false".

What is they were "generally aware" that it was knowingly false???

 

[Patsfanin Philly]

Good to hear you are lawyer that has an underlying value system not predicated on making the most money from your high volume ability to decorate lies most attractively. But why did you say there are "2 of us out there"? You are only one person, no??

I must be married to the other one. Twelve years as a criminal prosecutor and the last ten years representing victims of domestic violence working for a non-profit...There are more than a few like her who certainly aren't doing it for the money...

 

[voluntarysaftey]

Berman spent a lot of time trying to understand the details.

Given no really independent scientists or lawyers have come out on the NFL's side, and many come out against the NFL, I'm confident that any judge that wants to understand the details will rule in Brady's favor -- because as both Berman and the Minnesota judge has said -- the collective bargaining agreement doesn't state that Goodell is allowed to do anything he wants.

We can only hope the appeal's court will also spend time trying to understand the details.

It's too bad Berman didn't force internal NFL communications and Well's communications to be made public to determine the 'independent' and 'fair' nature of the NFL's actions.

 

[Patsfanin Philly]

If Goodell were smart, he would withdraw the NFL's appeal and let this die ..likely on a holiday weekend to minimize publicity. ( hint the next two Thursdays fit). But he's in too deep ( sunken cost). If anything, this year with all the injuries and still a 12-2 record with all the scrutiny has shown that Brady has a legit claim to be GOAT no matter what the PSI...
Food for thought and thankfully we don't have to do so, can you imagine if the Patriots were 6-8 or 4-10 like the Ravens. The mantra and media spin would be, " see he does cheat. Look what happens when the balls are inflated." Instead, it is " what a red herring. He wins regardless."
Deflategate is yesterdays news in the 24 hour news cycle that our society has become and unfortunately not enough owners have stepped up and said that this hurts the league and it is time for it to end.....
I honestly believe that if the NFL loses in March, they will STILL appeal again, from hubris alone.....rather than let it go....
Goodell is more obsessed than Captains Queeg or Ahab..............

 

[QuantumMechanic]

The above is not correct. The loser of this appeal can ask for a hearing en banc.

True. However, en banc hearings are discretionary and rare.

 

[Mack Herron]

If Goodell were smart, he would withdraw the NFL's appeal and let this die ..likely on a holiday weekend to minimize publicity. ( hint the next two Thursdays fit). But he's in too deep ( sunken cost). If anything, this year with all the injuries and still a 12-2 record with all the scrutiny has shown that Brady has a legit claim to be GOAT no matter what the PSI...
Food for thought and thankfully we don't have to do so, can you imagine if the Patriots were 6-8 or 4-10 like the Ravens. The mantra and media spin would be, " see he does cheat. Look what happens when the balls are inflated." Instead, it is " what a red herring. He wins regardless."
Deflategate is yesterdays news in the 24 hour news cycle that our society has become and unfortunately not enough owners have stepped up and said that this hurts the league and it is time for it to end.....
I honestly believe that if the NFL loses in March, they will STILL appeal again, from hubris alone.....rather than let it go....
Goodell is more obsessed than Captains Queeg or Ahab..............

Remember when Kraft took a bullet for him to end the rhetoric? Good times.

 

[Jimke]

If Goodell were smart, he would withdraw the NFL's appeal and let this die ..likely on a holiday weekend to minimize publicity. ( hint the next two Thursdays fit). But he's in too deep ( sunken cost). If anything, this year with all the injuries and still a 12-2 record with all the scrutiny has shown that Brady has a legit claim to be GOAT no matter what the PSI...
Food for thought and thankfully we don't have to do so, can you imagine if the Patriots were 6-8 or 4-10 like the Ravens. The mantra and media spin would be, " see he does cheat. Look what happens when the balls are inflated." Instead, it is " what a red herring. He wins regardless."
Deflategate is yesterdays news in the 24 hour news cycle that our society has become and unfortunately not enough owners have stepped up and said that this hurts the league and it is time for it to end.....
I honestly believe that if the NFL loses in March, they will STILL appeal again, from hubris alone.....rather than let it go....
Goodell is more obsessed than Captains Queeg or Ahab..............

This case will go all the way to the Supreme Court. This is why the NFL hired the fancy lawyer.
The case is no longer about Deflategate, it is about Goodell retaining absolute power to discipline
players.

 

[QuantumMechanic]

This case will go all the way to the Supreme Court.

It'll only go to SCOTUS if SCOTUS wants it to. All the NFL can do (or Brady, if he loses) is ask. SCOTUS does not have to listen.

 

[Patsfanin Philly]

This case will go all the way to the Supreme Court. This is why the NFL hired the fancy lawyer.
The case is no longer about Deflategate, it is about Goodell retaining absolute power to discipline
players.

Unlike the lower courts where the appeal process is automatic, the Supreme Court of the US only takes cases by certiorari (by cert), that is, they decide to hear the case and only accept a small portion of cases. (** There are only a few cases that SCOTUS has to hear like between states etc but none apply here). There is a good chance that if Brady prevails at the 2nd Circuit, SCOTUS may decline to hear the NFL's ( or potentially Brady's if he loses) appeal, ending the case.

 

[Ivan]

This case will go all the way to the Supreme Court. This is why the NFL hired the fancy lawyer.
The case is no longer about Deflategate, it is about Goodell retaining absolute power to discipline
players.

I don't believe either side will take this to the Supremes.

 

[The Gr8est]

Unlike the lower courts where the appeal process is automatic, the Supreme Court of the US only takes cases by certiorari (by cert), that is, they decide to hear the case and only accept a small portion of cases. (** There are only a few cases that SCOTUS has to hear like between states etc but none apply here). There is a good chance that if Brady prevails at the 2nd Circuit, SCOTUS may decline to hear the NFL's ( or potentially Brady's if he loses) appeal, ending the case.

I scoff at your naivete, as if Goodell's ego is NOT worth the Supreme Court's time.

 

[ivanvamp]

I don't believe either side will take this to the Supremes.

Give me one good reason why Brady and the NFLPA would not try to take it to SCOTUS if they lose this round.

 

[Ivan]

Give me one good reason why Brady and the NFLPA would not try to take it to SCOTUS if they lose this round.

Because it would look ridiculous imo.

 

[fester]

Because it would look ridiculous imo.

Has that stopped the NFL yet?

Anyways, anyone can ask for the Supreme Court to take case, but under 1% of appeals are accepted for final review. The issues at stake in this case aren't particular novel nor of pressing national importance nor is there conflict between circuits, so based on that, I'll take the odds the Supreme Court would deny cert.

 

[Patsfanin Philly]

I scoff at your naivete, as if Goodell's ego is NOT worth the Supreme Court's time.

The egos in the NFL office are such that you can guarantee that if they were ever pulled over the police for speeding,, they would pull the " Don't you know who I am" card...................
Silly me I forgot how great and all-powerful the wizard is.. How dare the courts pull back the curtain?.....

 

[Deus Irae]

I scoff at your naivete, as if Goodell's ego is NOT worth the Supreme Court's time.

The real question is whether or not the Supreme Court is worth Goodell's time.