Brady's legal team expands

[jboston19]

What's this about a Chef Justice?

Great googly moogly..... we're gonna be a while.

 

[varjao]

Except the problem is that Judge Chin was one of those leftist leaning judges. So they've already swayed one to the dark side in this case....

A judge that didn't do a basic task to study this case, given the amount of **** he threw up in the hearing.

 

[BradyFTW!]

This is gonna be good. Supreme Court here we come...

I wish this move had been made before the appeal rather than now, but better late than never.

Question for people who are well-versed in this stuff: even if the SC decides to hear this case, what are the odds that the result is anything other than a 4-4 split along purely ideological lines? Seems like it would be a shock for any of Roberts/Alito/Thomas/Kennedy to depart from the anti-labor party line and rule and decide in Brady's favor. Seems like en banc is still the best shot at success, however unlikely it may be.

This assumes, of course, that Clinton wins the presidency and a Republican-dominated senate continues to stonewall any attempt at a SC appointment.

 

[XLIX]

Here is the en banc petition extension request.

Brady En Banc Extension Request

They note that this ruling extends beyond simply men playing children's games:



the Court’s decision raises significant labor law issues that could have far-reaching consequences for all employees subject to collective bargaining agreements.

 

[sb1]

News: Brady/NFLPA files for 14 day extension to seek en banc review. Says case impacts every player in NFL.
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So does this mean temporarily the suspension is "off" again? I think Florio said it was an automatic stay when you were seeking the en banc review.

 

[Froob]

Great googly moogly..... we're gonna be a while.

I didn't realize he meant the Judges on the appeal. I thought he was talking about something else.

 

[ANGR89]

so am I the only one who just instantly got happy after reading this, knowing after Roger was doing his victory lap, well he can just slow down because it don't sound like Bradys done fighting if somehow Brady comes back and wins this, I will take so much pleasure in this, may even feel like a superbowl win, especially after Goodell arrogance and "victory laps" that were being reported all week.

 

[Joker]

Except the problem is that Judge Chin was one of those leftist leaning judges. So they've already swayed one to the dark side in this case....

OK..but Goodell and his victory lapping like a drunken dockside sailor must have infuriated the CHIEF of the 2nd circuit, who disagreed VEHEMENTLY with his two colleagues.Who the eff would YOU want to bet on in an en banc, Chin and the quisling Parker or Berman and Chief Justice Katzmann?

 

[BobDigital]

Except the problem is that Judge Chin was one of those leftist leaning judges. So they've already swayed one to the dark side in this case....

Yes that is unfortunate but he was the swing vote. Maybe we can get one of the right leaning judges to get on the Labor side. There is cross over on occasion but i think overall Brady could be argued to have the edge.

 

[XLIX]

News: Brady/NFLPA files for 14 day extension to seek en banc review. Says case impacts every player in NFL.
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So does this mean temporarily the suspension is "off" again? I think Florio said it was an automatic stay when you were seeking the en banc review.

The suspension has been "off" since Berman's ruling.

The Court of Appeals didn't reinstate the suspension. What they did was order Berman to reinstate the suspension. Berman has not done so yet, and certainly will not do so until all avenues of appeal are exhausted.

 

[Ivan]

But it still a long shot to get an en banc hearing at the 2nd circuit. Theodore olson should have been brought in earlier. They have to convince 6 other judges for an en banc hearing in a circuit that does not like to touch arbitration results. Just because olson is on board does not mean the court will grant one.

I didn't say it guaranteed a hearing I said it increases their chances, and people are forgetting that the chance of CAII overturning Berman was also under ten percent.

 

[AtomicDawg]

Olsen's bio says he's argued 62 times before the Supreme Court and has won more than 75% of them.

So this means 3 out of 4 cases he argues wins. So, damn.

 

[Ivan]

I'm just glad they are going to keep fighting, it shoves Goodell's victory tour up his ass.

 

[AtomicDawg]

 

[AtomicDawg]

 

[supafly]

Olsen's bio says he's argued 62 times before the Supreme Court and has won more than 75% of them.

So this means 3 out of 4 cases he argues wins. So, damn.

That's impressive, assuming that Scotus agrees to even hear the case, which is still something of a long shot.

It's good to see Tom continuing his fight, though.

 

[RobertWeathers]

Just heard this on WEEI. They said he is the "Michael Jordan" of lawyers.

This guy would not have taken this case if an en banc or SCOTUS even wasn't gonna happen.

Screw Jordan. The NFLPA just dipped into the free agency pool and signed this guy.

Jordan was nasty but LB was NASTIER.

 

[XLIX]

This is gonna be good. Supreme Court here we come...

I wish this move had been made before the appeal rather than now, but better late than never.

Question for people who are well-versed in this stuff: even if the SC decides to hear this case, what are the odds that the result is anything other than a 4-4 split along purely ideological lines? Seems like it would be a shock for any of Roberts/Alito/Thomas/Kennedy to depart from the anti-labor party line and rule and decide in Brady's favor. Seems like en banc is still the best shot at success, however unlikely it may be.

This assumes, of course, that Clinton wins the presidency and a Republican-dominated senate continues to stonewall any attempt at a SC appointment.

1) I have argued that this is not the typical partisan situation where republicans tend to support management and democrats tend to support labor. This is deciding the fairness of the arbitration process. It could just as easily been a situation from another industry where management appealed an arbitrator decision based on fundamental unfairness. In fact, IIRC, one of the cases cited in written drafts was precisely that.

2) There is no way whatsoever this gets heard by SCOTUS anytime within the next 18 months, so assuming they still have the current 4-4 makeup is probably not likely. (NOTE: I am talking about the actual case being presented before the entire court, not the initial petition to hear the case)

 

[pazrul72]

I don't know or care who this guy is I am ecstatic about what it confirms. Tom Brady is not done fighting and will continue to do whatever it takes to throw this self deluded entitled lying **** talking dictorial **** head on his ass. Yes the NFLPA negotiated an exceptionally poor CBA and they should have to own that but there are basic human rights that no one should be able to negotiate away....like being guilty of the crime they say you committed. Any court that says it's ok to punish an innocent man is no court that should be allowed. Ever. I know they ruled on "the law" but somewhere along the way they forgot the higher purpose of "the law" justice.

 

[Ivan]

This case has taken so many unexpected turns that I don't rule anything out.