9/11 Victim Compensation Fund Special Master files pro-NFLPA/Brady Amicus

[QuantumMechanic]

9/11 Victim Compensation Fund Special Master files pro-NFLPA/Brady Amicus

Brief at http://thesportsesquires.com/wp-content/uploads/2016/05/Feinberg-Amicus-Brief.pdf

See @IanPGunn on twitter for some quick analysis.

 

[Ivan]

Breaking News: Saudi Legal Team Files Amicus Brief on Behead of Roger Goodell and Al Queàda ( which is Arabic for "boy band" for those who didn't know.)

Claims Shariah law gives Goodell the authoriy to chop off Bradys hands if he feels like it, or even just for the fun of it.

 

[Patsfanin Philly]

my favorite line...

2. Ultra Vires or Biased Decisions Are Unenforceable. Honest mistakes (whether errors of law or fact) are not reviewable. In contrast, unfair rulings and bias are intolerable.

When you have the nation's premier arbitrator as well as the most noted appeals attorney on your side,it can't hurt. Does it guarantee an en banc hearing? Of course not but every little bit, this, the AFL-CIO helps. This has morphed from allegations of deflated footballs to the power of arbitration in collective bargaining that could impact millions of Americans....

 

[Observer]

Reading this makes me wonder what the basis for Chin and Parker's decision was.

 

[Fixit]

Reading this makes me wonder what the basis for Chin and Parker's decision was.

My guess would be a tee time.

 

[turkeyneck]

Gotta think Chin's feeling a little uncomfortable at this point.

 

[Patsfanin Philly]

Reading this makes me wonder what the basis for Chin and Parker's decision was.

Reading their decision, I'll write what I did then, "he mailed it in". Aside from the factual errors which showed that he ( or more likely his law clerks) didn't delve into the case or pay attention to it, they relied on the tried and true, " if the arbitrator ruled it, it must stand" rather than even consider the arguments....

 

[The Gr8est]

Reading their decision, I'll write what I did then, "he mailed it in". Aside from the factual errors which showed that he ( or more likely his law clerks) didn't delve into the case or pay attention to it, they relied on the tried and true, " if the arbitrator ruled it, it must stand" rather than even consider the arguments....

Agreed.

I find it unbelievable that any unbiased observer could look at the evidence against Brady and determine that the evidence is compelling if not convincing.

It's NOT!

It is weak and circumstantial as hell, and what evidence there is is unreliable due to the lack of controls over the ball inflation/deflation/verification process itself.

 

[goheels22002]

Tremendous turn of events. Amici Curiae usually have negligible significance. In this particular case where the most sought after arbitatror in the United States seeks to limit the powers of an arbitrator - not expand them - the judges have to sit up and take notice.

Everybody should read this. It is just 8 double-spaced pages. http://thesportsesquires.com/wp-content/uploads/2016/05/Feinberg-Amicus-Brief.pdf

It ends with a swift kick in the balls from the most respected arbitrator in the country to the least respected.

"The Commissioner impermissibly exceeded the scope of his authority in this matter. But more troubling, he used the vehicle of arbitration as a mechanism to rewrite the underlying bargain between the parties, to the sole advantage of his organization as against Brady and the Players Association. If this type of bias or capricious notions of industrial justice are upheld, the public should—and will— lose faith in the systems of arbitration and private dispute resolution that have become a parallel component of our justice system. Fair process before a fair tribunal cannot be an aspiration; it is an unwaivable, inviolable necessity."

 

[Ivan]

So now Brady has the nation's top constitutional lawyer, top scientists, and top arbitrator all weighing in on his side, and the nation's largest union asking for a new hearing because of the negative impact the ruling will have on their 12 million members.

Brady is going to win this when all is said and done.

 

[ViperGTS]

So now Brady has the nation's top constitutional lawyer, top scientists, and top arbitrator all weighing in on his side, and the nation's largest union asking for a new hearing because of the negative impact the ruling will have on their 12 million members.

Brady is going to win this when all is said and done.

I wouldn' t say that last part too firmly. He should win it. I have zero faith in these judges. Chin and Parker have served enough evidence to uphold that statement. Now, one can decide personally if they were a) influenced, b) paid off or c) uncaring/inept. Which of those is really true we may never know.

From day one this wasn't about footballs. These are some of the most influential and powerful entities in all of the academic and labor world. I would only hope that in a law/fairness based court these would do a hell of a lot more than just move the needle.

Unfortunately, time and time again in cases the courts have done the exact opposite of law/fairness.

 

[BradyFTW!]

I wouldn' t say that last part too firmly. He should win it. I have zero faith in these judges. Chin and Parker have served enough evidence to uphold that statement. Now, one can decide personally if they were a) influenced, b) paid off or c) uncaring/inept. Which of those is really true we may never know.

From day one this wasn't about footballs. These are some of the most influential and powerful entities in all of the academic and labor world. I would only hope that in a law/fairness based court these would do a hell of a lot more than just move the needle.

Unfortunately, time and time again in cases the courts have done the exact opposite of law/fairness.

FWIW, I think we can safely go with C. Both of their statements re: the 'compelling' evidence of guilt and cell phone suggestion suggest pretty strongly that they didn't fully review the original case, because the questions that Parker in particular posed were already answered. Chin's can be interpreted in a couple of ways, one of which is pretty much the same.

 

[Patsfanin Philly]

FWIW, I think we can safely go with C. Both of their statements re: the 'compelling' evidence of guilt and cell phone suggestion suggest pretty strongly that they didn't fully review the original case, because the questions that Parker in particular posed were already answered. Chin's can be interpreted in a couple of ways, one of which is pretty much the same.

I envision the judges (Barrington/Chin) calling this the "football case" and asking their clerks for the executive summary. They got it, misstatements and factual errors included and went with it into the hearing.. Then it was, " we need to defer to the arbitrator, write it up. Next case"......
What does it say when I would venture that probably 50 posters on this forum were more knowledgeable in a factual sense of the case than two Federal judges?? Multiple people posted multiple factual errors in the decision nearly immediately. Granted we have more invested in terms of interest and time but still, we expect more from a Federal judge...like factual correctness.....

 

[TheBostonStraggler]

Hate to be the defender of the "justice" system but you're leaving out option 4: Brady's legal team got schooled and put on a poor case.......as in it may have been the just case but it wasn't the better case. I doubt judges have the time to look outside what is presented for them to arrive at a Solomon type verdict.

We see things that almost certainly the judges may have not. IMHLO, Brady's team didn't (and should have) shove in the faces of these judges these important things. Now was it possible this was actually just sucky judge-work? Sure but this option 4 is certainly possible. And this issue appears to be corrected, hopefully not too late, with the hiring of TO.

 

[The Brandon Five]

Reading this makes me wonder what the basis for Chin and Parker's decision was.

Obviously it was "the texts! what about the texts?!" ....derp, derp.

 

[Galeb]

So now Brady has the nation's top constitutional lawyer, top scientists, and top arbitrator all weighing in on his side, and the nation's largest union asking for a new hearing because of the negative impact the ruling will have on their 12 million members.

Brady is going to win this when all is said and done.

If our government wasn't so corrupt, he'd have already won.

 

[Ivan]

I wouldn' t say that last part too firmly. He should win it. I have zero faith in these judges. Chin and Parker have served enough evidence to uphold that statement. Now, one can decide personally if they were a) influenced, b) paid off or c) uncaring/inept. Which of those is really true we may never know.

From day one this wasn't about footballs. These are some of the most influential and powerful entities in all of the academic and labor world. I would only hope that in a law/fairness based court these would do a hell of a lot more than just move the needle.

Unfortunately, time and time again in cases the courts have done the exact opposite of law/fairness.

I don't see how the court can dismiss this case with the Chief judge dissenting and the top arbiter in the country telling them the decision will wreak havoc with arbitration law. If it were about footballs I would give it no chance, now it's about whether or not Appeals have to be conducted fairly, and the person telling them that is probably the most esteemed arbiter there currently is.

CAII was never going to give Kessler any deference, especially when Clement was on the other side, now however they are facing an onslaught of arguments telling them they got it really wrong and need to fix it, and they are hearing it from the to people in those fields. It's possible they will pass but then Brady and pals get to take it to the Supreme's, either way Brady wins when all is said and done.

 

[GrogansArmy]

I envision the judges (Barrington/Chin) calling this the "football case" and asking their clerks for the executive summary. They got it, misstatements and factual errors included and went with it into the hearing.. Then it was, " we need to defer to the arbitrator, write it up. Next case"......

I tend to disagree, because if you are being lazy you take the shortest path to rest. Its why Bill Gates motto was to give the hardest job to the laziest employees as they would find a way to get it done in the shortest amount of time. The shortest path for the judges in this case, is to just agree with Berman and be done with it.

That tells me they weren't being lazy. It seems more likely they were basing their decisions on what they believed in (anti-labor/pro-business) or as some here have claimed - corruption. My guess is the former, but wouldn't totally rule out the latter.

 

[ViperGTS]

I don't see how the court can dismiss this case with the Chief judge dissenting and the top arbiter in the country telling them the decision will wreak havoc with arbitration law. If it were about footballs I would give it no chance, now it's about whether or not Appeals have to be conducted fairly, and the person telling them that is probably the most esteemed arbiter there currently is.

CAII was never going to give Kessler any deference, especially when Clement was on the other side, now however they are facing an onslaught of arguments telling them they got it really wrong and need to fix it, and they are hearing it from the to people in those fields. It's possible they will pass but then Brady and pals get to take it to the Supreme's, either way Brady wins when all is said and done.

Well as was discussed in a previous thread a while back the Italian Colors people thought they had a slam dunk at the SC level (which they did) only to find themselves smacked down in favor of big business. So I wouldn't be so confident.

 

[IcyPatriot]

Reading this makes me wonder what the basis for Chin and Parker's decision was.

Obvious to me their aids did all the work and they were Patriot haters ...