Brady appeal decision coming next week?

Rob0729 said:

If a judge doesn't want to hear a case, they can decline it for any reason as long as he/she has a legitimate reason to give as an excuse. They can easily say that is a case where both sides agreed with the terms of the process and we are not going to get involved in internal arbitration cases.

Click to expand...

the key word is "legitimate"

TommyBrady12 said:

right, but the judge can't dismiss or decline to hear a case based on his/her personal feelings like "i'm not going to hear Mr Brady's case because I don't like cases involving the NFL." summary judgment is grounded in law and is a different scenario.

Click to expand...

No, but a judge could dismiss it because the Appeals process agreed in the CBA was followed in this case. The fact that the NFLPA was dumb enough to agree to allow Goodell to sit as judge and jury on something decided by someone who works for him is a separate matter. Goodell didn't send this out to a third party Arbitrator because he was concerned that it would not only have been overturned, but overturned with a ruling that was highly critical of the NFL. So, he exercised the option that the players ceded to him of hearing the case himself.

The risk is that a judge could say that it's up to the League and the NFLPA to get its house in order and not resort to litigation everytime the parties disagree.

The fundamental problem here is there are intractable differences between the Players Association and the League that were glossed over in the Kumbaya moment when the last CBA was ratified.

XLIX said:

I don't think the NFL gives the slightest care about stepping on the all-star game. They stomped on MLB a couple years ago when they decided to no longer skip playing a Sunday night game during the World Series.

Click to expand...

Yeah...I didn't mean it in a noble sense, just that the calendar is 100% clear the following day (and really 2 days).

So I would guess they'll let the morning news cycle be the All-Star game, with the announcement coming tomorrow at.....2:37.

YOUGOTMOSSED said:

Hey, if we strictly followed the constitution, we wouldn't have income tax or a federal reserve system. The fed government sleazed in a few amendments changing that in 1913 and the federal courts (like the good federal employees they are) dismissed out of hand any arguments calling "bullsh*t" on it.

Click to expand...

Not to go civics lesson you but the 16th Amendment allowing the income tax was passed by Congress and ratified by 42 states......so the Feds didn't" sleaze in a few amendments".....It was actually in response to the Federal courts questioning the constitutionality of the income tax ( Pollack case IIRC??)

If Goodell wanted to bury the Brady appeal story, today would be the day to do it. The Iranian nuclear deal will lead all the news stories and this would be a distant second.....

PatsFanSince74 said:

No, but a judge could dismiss it because the Appeals process agreed in the CBA was followed in this case. The fact that the NFLPA was dumb enough to agree to allow Goodell to sit as judge and jury on something decided by someone who works for him is a separate matter. Goodell didn't send this out to a third party Arbitrator because he was concerned that it would not only have been overturned, but overturned with a ruling that was highly critical of the NFL. So, he exercised the option that the players ceded to him of hearing the case himself.

The risk is that a judge could say that it's up to the League and the NFLPA to get its house in order and not resort to litigation everytime the parties disagree.

The fundamental problem here is there are intractable differences between the Players Association and the League that were glossed over in the Kumbaya moment when the last CBA was ratified.

Click to expand...

agreed, but Rob made it sound like a judge could decline to hear the matter for ANY reason, which is not true. there has to be a sound legal reason for doing so.

Patsfanin Philly said:

Not to go civics lesson you but the 16th Amendment allowing the income tax was passed by Congress and ratified by 42 states......so the Feds didn't" sleaze in a few amendments".....It was actually in response to the Federal courts questioning the constitutionality of the income tax ( Pollack case IIRC??)

Click to expand...

Just in case you are IRS, I'll just shut up about it.

Patsfanin Philly said:

If Goodell wanted to bury the Brady appeal story, today would be the day to do it. The Iranian nuclear deal will lead all the news stories and this would be a distant second.....

Click to expand...

Actually, I think the reality of today's world is such where the media would focus more on possibly deflated footballs than nuclear weapons.

TommyBrady12 said:

agreed, but Rob made it sound like a judge could decline to hear the matter for ANY reason, which is not true. there has to be a sound legal reason for doing so.

Click to expand...

I think it's legit to point out the enormous amount of discretion that judges have. In this matter, I have no idea how a judge would decide and indeed think that it could come down to "which judge" gets the case. That is why Brady's decision to take this to Federal Court would be so much more difficult than many out here are suggesting, if a reduction in the suspension is tied to an agreement not to litigate. The entire mess sucks, but, as someone famously said, "Life is unfair."

XLIX said:

I don't think the NFL gives the slightest care about stepping on the all-star game. They stomped on MLB a couple years ago when they decided to no longer skip playing a Sunday night game during the World Series.

Click to expand...

I wasn't suggesting the NFL was acting out of altruism. They would want the stage to themselves and not have to share it with MLB if Brady is getting screwed. On the other hand, if they want to limit coverage of the story they would have it compete with the game.

aluminum seats said:

Actually, I think the reality of today's world is such where the media would focus more on possibly deflated footballs than nuclear weapons.

Click to expand...

air pressure in a ball is the most important issue in our society.

aluminum seats said:

Actually, I think the reality of today's world is such where the media would focus more on possibly deflated footballs than nuclear weapons.

Click to expand...

Yeah, if you watch the ABC evening "news," you wouldn't even know that Europe was falling apart, but you would know a lot about thunderstorms in the midwest and the darn cutest thing some dog did in Oshkosh.

I think people are underestimating the ability of Kessler to file the suit in the most friendly court. Judge Doty has been ruling on cases filed by the NFLPA for years and the NFL has not been getting friendly rulings. In addition, this case could be brought before the NLRB as unfair labor practices against a union member since Brady is a named plaintiff in the NFLPA suit,

I, for one, am looking forward to tomorrow's reveal of the penalty not being changed. It should kick off a whole other round of "Yeah those damn Patriots cheated again. Brady needs to be a man and admit his cheater ways!" from Goodell, Vincent, and the ESPN crew. Iran what? We've got Tom Brady to talk about!

VectorPrime said:

From the way Vincent has been handling himself and making comments its obvious the punishment is going to be upheld.

Click to expand...

From the way Vincent has been handling himself it's clear they are worried they are going to court.

Wait!!! Breaking news...

IllegalContact said:

he wouldn't.........if he has a lawyer for a defamation suit......none of us would know it

Click to expand...

Kessler handled his appeal, I would expect the request for an injunction to come from the lawyer who has represented him to date and not some unknown hired gun.

Clever thread title using "coming next week"

PatsWickedPissah said:

Clever thread title using "coming next week"

Click to expand...

That's like a bar with a "Free Beer Tomorrow" sign.

Patsfanin Philly said:

If Goodell wanted to bury the Brady appeal story, today would be the day to do it. The Iranian nuclear deal will lead all the news stories and this would be a distant second.....

Click to expand...

Neither will be anywhere on the radar if Caitlyn gets his junk clipped.