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I know I'm a little slow here, lol, but the fact they only wanted Bradys texts from his conversations with the 2 pats employees and the fact that they had their phones and had Bradys detailed phone bill, they could easily match up bradys texts to them and know that they had them all.....so what's the big problem? Why are no media people pointing that out, about everyone I've seen it's still "destroyed ".....their just going to cling to that like they did the 2 psi under false information.
 
I've gotten through 10 pages, but the main portion that just sticks out to me is the "generally aware" doesn't merit a 4 game suspension. It's ridiculous. Seeing it in the context (formally) makes it stick out like a sore thumb. And Tommy is right, the use Peterson a lot so far. The lack of fairness (law of shop) is being used extensively with unassailable facts.

I can't wait to finish reading it. For those who havent, it reads fairly easily and is worth the time.
 
I hope this filing has deflated the erections of Goodell and company at the NFL office.
 
Wow, I'm only a few pages in and Kessler introduced a bunch of stuff I hadn't considered.

The rule cited by Vincent in the letter to Brady was the "Competitive Integrity Policy", a policy that only applies to clubs, not players, and a rule that had never been presented to Brady until the punishment was handed down. The actual player policy about tampering with equipment, for which there is a fine up to $25,000, wasn't even mentioned in that letter.
 
At the hearing itself, Paul, Weiss-the purportedly 'independent" law firm whose findings about Brady were being challenged-abandoned all pretense of objectivity, and actively participated as counsel for the NFL conducting direct and cross-examinations of witnesses (including Brady's). A Paul. Weiss partner represented the NFL for most of the hearing, even though he was a signatory to the Wells Report and his law partner (Wells) was a fact witness at the same hearing

Holy crap, how did the NFL even allow this? No wonder there were reports that the NFL was panicking about what would happen when this goes to court. Even if they win the case, the NFL looks TERRIBLE if all these allegations are true.
 
This is interesting.

B. THE CBA LAW OF THE SHOP AFFORDS PLAYERS ADVANCE NOTICE OF POTENTIAL DISCIPLINE 7. It is established law of the shop under the CBA that NFL players may not be subject to discipline without advance notice of what conduct might result in such discipline, and what the disciplinary consequences might be.
 
Reading through it.

Holy crap does Kessler pound the crap out of Peterson v. NFL.

I guess this is why sports mediots and disbarred private citizens are not lawyers.

Not only does Kessler cite Peterson a lot, he absolutely brings up the merits of the "Wells-Pash Investigation" (hee), along with the dozens of problems with the punishment to begin with.

It's worth it, it's a good read.

And he repeatedly points out that this was the ruling given by the very same court that this suit is filed in. Man, I feel better about this case the more I read.
 
Equipment tampering by an employee is a team offense. Not a player offense. It's kind of like game over for Roger and his cronies. They already unjustly docked draft picks and a fine to the team. The cba says they can't do anything to Brady and they did anyway. And then assign the vp who is not allowed to punish anyone. Actually the way it is written there is no way Roger could ever be an arbitrator ever when it comes to player punishments. Sorry for babbling, a lot of great info to intake.
 
Even Better:

56. Nor, despite the Colts' complained the NFL implement any procedures for measuring the footballs and collecting other information that would be essential to understanding and assessing a change in football pressure. This was because no one at the NFL knew that natural forces of temperature, timing and wetness could cause balls to lose pressure after being tested and set by officials before the game.
 
Kraft should pressure Roger dodger into getting the picks back afterwards. Seeing how it would make no sense to keep them...
 
This is interesting.

B. THE CBA LAW OF THE SHOP AFFORDS PLAYERS ADVANCE NOTICE OF POTENTIAL DISCIPLINE 7. It is established law of the shop under the CBA that NFL players may not be subject to discipline without advance notice of what conduct might result in such discipline, and what the disciplinary consequences might be.

Is that why letters are sent out to teams saying "Cut it out, this is your warning"
 
I love the references to a "general awareness" standard right from the outset. I've heard a lot about the commissioner only having to apply a more likely than not standard which is the common law standard in civil cases. But a more probably than not "generally aware" that someone else committed a violation is an unprecedented application of punishment. It is clear from the Wells report that he could not demonstrate even by a more probably than not standard that Brady was involved or directed anything. So he came up with the preposterous "generally aware" of someone else's wrongdoing. That's batshit crazy.
 
I love the references to a "general awareness" standard right from the outset. I've heard a lot about the commissioner only having to apply a more likely than not standard which is the common law standard in civil cases. But a more probably than not "generally aware" that someone else committed a violation is an unprecedented application of punishment. It is clear from the Wells report that he could not demonstrate even by a more probably than not standard that Brady was involved or directed anything. So he came up with the preposterous "generally aware" of someone else's wrongdoing. That's batshit crazy.

Hope when this is over those words ring in Goodells ears forever. "Generally aware more probable than not."
 
Part of footnote 10 on page 50: "This is ridiculous."

They're referring to one specific action by Goodell, but we all know they could have said the same about the whole process.
 
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