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NFLPA suit


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109. Instead of applying the Player Policies, Vincent punished Brady pursuant to, and for being generally aware of, violations of the Competitive Integrity Policy, which like the Equipment Policy-is only incorporated into the Game Operations Manual and provided only to teams and team executives. Indeed, the Award specifically acknowledges that this Policy "imposes certification and reporting requirements on clubs and senior club executives."

110. Accordingly, Brady testified that he has no recollection of ever seeing or receiving the Competitive Integrity Policy. Id. 98:8-99:15 (Brady). And, although the Wells Report states on its face that the investigation was conducted pursuant to the Competitive Integityy Policy (NFLPA Ex. 7, Wells Report at l), there is no evidence that Wells bothered to investigated whether the Competitive Integrity Policy was given to players.
RAQ57oo.jpg
 
It's mentioned.

28. Because the Award was issued on the eve of the 2015 NFL season, it will irreparably harm Brady if he misses games while the Court considers the merits of the Petition. Accordingly, the NFLPA and Brady will shortly file a Motion for Preliminary Injunction or, in the Alternative for Expedited Disposition so that relief can be granted prior to September 4, 2015, when the Patriots begin final preparations for their first regular season game

And again here:

97. The next day, the NFLPA and Brady filed this Petition and will shortly hereafter file a Motion for Preliminary Injunction, or in the Alternative, for Expedited Disposition, seeking to have Brady's suspension enjoined prior to September 4, 2015 in order to prevent him from suffering severe and irreparable harm from the loss of regular season games due to his unlawful suspension.
 
But but but the nfl ran to the SDNY court and filed first and made the nflpa and team Brady look like idiots.
 
Good stuff! But we need to get the heck out of SDNY ASAP!
 
Footnote on page 38:

Similar to the Jets incident, the Award disingenuously states that "[t]here was no evidence of any intentional attempt to violate or circumvent the rules, no player involvement, and no effort to conceal the ball attendant's conduct." NFLPA Ex. 210, Award at 15. But, again, there was no investigation of player conduct and it is self-evident that the Vikings Quarterback would have been "generally aware" that the balls felt warm despite the frigid cold.
 
Not sure why some of those knucklehead journalists figure this has no chance. Having read it all ( and it was a lot easier reading than Wells bs) there seems plenty in here to hook a fish. Hopefully this and subsequent cases will help destroy the NFL as it presently exists. Not sure whether it is more corrupt than FIFA/Olympics, but it is definitely reached 'evil empire' status. Have to hope after all the dust has settled that I will still want to watch this version of the game.
 
in 2009, the NFL suspended a member of the New York Jets equipment staff

after he "attempted to use unapproved equipment to prep the K[icking] Balls prior to" a

Jets game against the New England Patriots.
:eek::eek::eek::eek::eek:

Am I the only one here that doesn't remember this? I was out of it for most of that year though....
 
BTW, anyone have a source on this?:

Ben VolinVerified account‏@BenVolin
Kessler said they filed the lawsuit as a related case to the Peterson case so that Judge Doty is ultimately the one who presides over it
 
in 2009, the NFL suspended a member of the New York Jets equipment staff

after he "attempted to use unapproved equipment to prep the K[icking] Balls prior to" a

Jets game against the New England Patriots.
:eek::eek::eek::eek::eek:

Am I the only one here that doesn't remember this? I was out of it for most of that year though....
It wasn't picked up in the media because the Jets are a ****ing loser organization and no one cares about them.
 
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in 2009, the NFL suspended a member of the New York Jets equipment staff

after he "attempted to use unapproved equipment to prep the K[icking] Balls prior to" a

Jets game against the New England Patriots.
:eek::eek::eek::eek::eek:

Am I the only one here that doesn't remember this? I was out of it for most of that year though....
Do you have a link for this?
 
BTW, anyone have a source on this?:

Ben VolinVerified account‏@BenVolin
Kessler said they filed the lawsuit as a related case to the Peterson case so that Judge Doty is ultimately the one who presides over it


I'll check it for you. I have the same inside source Volin does. Some guy named Googly or something.
 
I read they wanted Doty. Big deal?

This might be a technicality at this point. Doty took him out of the judge rotation and was not accepting new cases. So I wonder if they had to assign the case to another judge and then have that judge recuse himself and give it to Doty out of procedure.
 
in 2009, the NFL suspended a member of the New York Jets equipment staff

after he "attempted to use unapproved equipment to prep the K[icking] Balls prior to" a

Jets game against the New England Patriots.
:eek::eek::eek::eek::eek:

Am I the only one here that doesn't remember this? I was out of it for most of that year though....
equipment staff wouldn't be in the players union
 
They attacked the suspension from a bunch of different angles. Still reading, on page 33.. I know I'm biased but this absolutely kills the NFL* letter. The great thing is it's all the things we've been reading and posting here for months. They are blasting everything... and the best part is most of it is available for the general public to read. It's almost like the NFLPA has been reading our forums! ;)

That's because real lawyers actually understand how real law works. It's funny Roger doesn't even understand the CBA. I'm telling you the NFLPA has been praying for this case to happen to embarrass Roger and his henchmen. It's so easy, it's like taking candy from a baby. The whole way it was written up was fantastic. It outlined everything in contrast with the cba agreement and all the violations committed by the NFL. The very thing Roger and the owners fought for is about to go super nova on them because Roger doesn't understand the agreement, or should I say he wasn't listening to Brady's side?
 
144. The NFL publicly declared that NFL Executive Vice President and General Counsel Jeff Pash was the co-lead investisator on the Wells-Pash Investisation. NFLPA 48 CASE 0:15-cv-03168-RHK-HB Document 1 Filed 07/29/15 Ex. 181 (NFL Press Release stating: "The investigation is being led jointly by NFL Executive Vice President JeffPash and Ted Wells . . . .').

145. Accordingly, the NFLPA and Brady moved to compel the testimony of colead investigators Wells and Pash at Brady's appeal hearing (the NFL refused to voluntarily make either witness available). NFLPA Ex. 166 at 5-6. Although Goodell granted the NFLPA's motion to compel the testimony of Wells, NFLPA Ex. 208, June 22 Order at 2, the Commissioner denied the motion as to Pash, claiming that he did not play a substantive role in the investigation." Award at 19 n,21.

So Goodell argued that the guy who co-led the investigation could not be compelled to testify because he "did not play a substantive role in the investigation". That's cute.
 
Another highlight:

152. Further, prior to serving as hearing officer, the Commissioner publicly lauded the reliability of the Wells Report-the issue at the very heart of Brady's appeal: I want to express my appreciation to Ted Wells and his colleagues for performing a thorough and independent investigation, the findings and conclusions of which are set forth in today's comprehensive report. NFLPA Ex. 157 at 7 (citation omitted). Goodell's choice to make these public comments locked him into supporting the Wells Report and rendered him incapable of reaching a contrary conclusion in Brady's appeal" as doing so would undermine his own competency as Commissioner. The Award itself proves this point-it is just a recycling of the conclusions ofthe Wells Report as though the arbitration hearing never happened. 153. Applicable labor law and arbitral standards simply do not permit an arbitrator to publicly comment on the very subject matter he has been called upon to arbitrate and to then continue to serve as arbitrator.

Man, I feel way more confident about Brady's chances after reading this petition.
 
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