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CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.Didn't stop Arlen Spector ...Anything that gets them publicity is important to a politician......Congresspeople have very little time for reading, and generally read only what their staffs give them, which tends to be articles pertaining directly to the committee work they are doing, and stuff from their home district. Sad but true. WaPo just isn't read that broadly anymore, now that everyone has access to everything through their tablets.
Did anyone catch that too :
From the article posted in the 1st post :
• The NFLPA plans to cite a specific example in oral arguments in an effort to prove Brady’s suspension was arbitrary. Last year, the league caught the Minnesota Vikings tampering with footballs by placing them in a dryer, a violation of the club manual. The team, the NFLPA source said, received a letter from the league and no further reprimand.
And then, they were also caught on tape heating up footballs in a game against the Panthers....or is this the same offense ?
But if this is 2 separate occurrences, how come they were not penalized for a 1st rounder too ?
Did anyone catch that too :
From the article posted in the 1st post :
• The NFLPA plans to cite a specific example in oral arguments in an effort to prove Brady’s suspension was arbitrary. Last year, the league caught the Minnesota Vikings tampering with footballs by placing them in a dryer, a violation of the club manual. The team, the NFLPA source said, received a letter from the league and no further reprimand.
And then, they were also caught on tape heating up footballs in a game against the Panthers....or is this the same offense ?
But if this is 2 separate occurrences, how come they were not penalized for a 1st rounder too ?
Didn't stop Arlen Spector ...Anything that gets them publicity is important to a politician......
Agreed.
But I wasn't talking about the appeal. I was talking about the federal court case.
And a "right process" does not include KNOWINGLY propogating false measurement information and KNOWINGLY allowing it to remain in the public for almost 4 months without correction. Meanwhile, it is standard operating procedure for the NFL to correct what they see as a false information report within minutes (see; Schefter June 14).
That is a process problem.
Agreed.
But I wasn't talking about the appeal. I was talking about the federal court case.
And a "right process" does not include KNOWINGLY propogating false measurement information and KNOWINGLY allowing it to remain in the public for almost 4 months without correction. Meanwhile, it is standard operating procedure for the NFL to correct what they see as a false information report within minutes (see; Schefter June 14).
That is a process problem.
That is no doubt a problem about how those things were done (I certainly agree with you about that) and, in that sense, they represent a problem with how things "proceeded," but that is not the same as the kind of narrowly-defined "process problem" on which Brady and the NFLPA have the standing to ask a court to rule.
The article is very clear and the best thing written yet, for its clarity alone. According to the article, the NFLPA plans to make five arguments:
1) Equipment handling rules don't apply to players
2) The Wells standard of "general awareness" has no legal merit
3) Since the rules don't apply to players, the CBA was violated because a punishment was imposed without precedence.
4) Brady's punishment was arbitrary because the League only sent a letter of reprimand in what the NFLPA will argue was a similar case last year
5) The NFL had no standard in place to measure the inflation of footballs, so the Wells' methodology was arbitrary.
The combination of 1) and 3) seem to be the strongest arguments.
The rest have to be viewed in the context of the fact that they are trying to overturn the results of a private arbitration:
2) works for me, but could be dismissed because of how vague the CBA is to begin with.
4) works for me, but I can see how it could deteriorate into an argument of "degree."
5) also works for me, but I could see a $1,000 an hour lawyer creating problems with it.
The biggest hurdle will be getting the "right judge" so that the case gets heard and is not dismissed because, as the article observes, "The bar for a federal court to reverse a private arbitration result is notoriously high;" a judge could decide not to hear the case and tell the League and the Players to get their act together and stop litigating everytime the ridiculous terms of their CBA come apart at the seams.
Minnesota or Massachusetts are probably the smart places to file this suit. I probably wouldn't do it in New York, Baltimore, Indy or Denver, just to name a few other venues.
Nah,he's still working on the "magic bullet" BS he conjured up.....Last I heard Specter continues to push his case it's just in a different forum, a much hotter one IIRC.