NFLPA suit

ViperGTS said:

To my suprise, Breer tweeted this as well. That is NOT a good look for the NFL. Independent is independent. You do not do that. Period. Any decent lawyer would have a field day with that. The instant Pash edited anything it was invalidated. The key will be the proof of editing. If they have that, it's over for sure.

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I am sure the argument by the League will be no one argues the New Testament wasn't written by the Apostles even though a bunch of monks in the 13th century edited that book. So what is the big deal that Pash edited the indenpendent Wells Report?

NFL imposing penalty meant for teams (not players) on Brady is the "repondeat superior" doctrine in reverse. Good argument for Brady & NFLPA

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https://twitter.com/WALLACHLEGAL/status/626565891086512129

Rob0729 said:

I am sure the argument by the League will be no one argues the New Testament wasn't written by the Apostles even though a bunch of monks in the 13th century edited that book. So what is the big deal that Pash edited the indenpendent Wells Report?

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They edited it so Espn could understand it better

Galeb said:

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.

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Heh heh. Here's hoping the suit indicates Vincent shot Goodell in the foot with regularity

Froob said:

Wasn't the exponent science right though if we go by Walt Anderson's recollection of the events?

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Yes their math was fine on the base calculations, they total F'd up the effect of water and how the Colts balls were allowed to warm up till the end of the half. Even with all this and them using the wrong gauge Exponent still says they can't be sure anything happened. Their report has been shredded comprehensively.

Wow.
There is SO much in there.
First, there appears to not be a policy in existence that allows a suspension for what they allege occured.
They suspended him based upon a policy that applies to teams, (the Jet kicking ball example is almost an exact precedent) if they found him guilty of an equipment violation THAT CREATED A COMPETITIVE ADVANTAGE the fine would be $55oo and there are examples in the rulebook that say you cannot discipline a player for 'awareness of a violation by someone else' and there are precedents.
A lot of law about needing to be aware of the potential penalty and Brady clearly was never given that notice. A HUGE boon to getting the case heard under law of the shop violation.

Goodell refusing to consider recsing himself even after the NFLPA showed legitimate reasons.
Refusing to allow Brady to question Pash.

Wells claiming priviledge regarding COMMUNICATION ABOUT THIS INVESTIGATION.

Brady being denied discovery of the investigation while the NFL had it on thier table.
Reisner acting as NFLs defense attorney.

There is:
No evidence against Brady
No policy that allows for his suspension even if the accusation is correct
No precedent to support, in fact a wealth of precedent contrary to the penalty given,
A plethora of actions and judgments that make it shockingly obvious that it was not a fair process.

Brady was never told by anyone that there would be any consequence to not handing over his phone.

Thats some of it, but its 56 pages of gold.

Dr Pain said:

This is the million dollar question the NFL must answer. This is exactly what I heard from someone with Columbia physics department links when I asked them WTF. Perhaps a reporter who was not a lazy person could ask the folks at Columbia Physics department what happened. I mean a list of them all is a click away here http://physics.columbia.edu/people/faculty

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So did Columbia actually do any analysis? Or were they never asked in the first place?

Patriot Missile said:

They edited it so Espn could understand it better

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If that was true, they would have to use pictures.

Big-T said:

From Brady suit: "The purportedly independent Wells Report was edited by Pash, the NFL's General Counsel, before its public release."

https://twitter.com/AlbertBreer/status/626523910184505344

Another nail in Goodell's coffin.

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Are Goodell and his cronies really this stupid? I would be EMBARRASSED if I owned one of the "32". Goodell is running the NFL like it is pee wee's playhouse.

To the question about Judge Doty, looks like Judge Kyle will have to recuse himself:

Judge Kyle assigned to PA/Brady v. NFL case. He was assigned Brady v. NFL in 2011 but recused himself.

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Judge Kyle worked for Briggs & Morgan, who served as lead counsel for NFLPA in the Reggie White antitrust case.

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In Brady v. NFL I (2011),Judge Kyle & Judge Schilitz recused & case was assigned to Judge Nelson, who ruled for Brady. 8th Cir then reversed

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Assuming Judge recuses again,case will be randomly reassigned,so Doty still in play.PA might argue should be assigned to him as related case

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https://twitter.com/SportsLawGuy

Kraft should really try to get those picks back. Threaten to sue. The Wells report even says ownership and coaches did nothing wrong. #nopicksnobanner
I know I'm getting greedy but like Monta Ellis I want it all!

grux said:

Are Goodell and his cronies really this stupid? I would be EMBARRASSED if I owned one of the "32". Goodell is running the NFL like it is pee wee's playhouse.

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How much you want to bet it's the testimony from Levy et al. Or anything related to the Ravens-Colts-Kensil connection? I bet that's what they edited out.

juny said:

So did Columbia actually do any analysis? Or were they never asked in the first place?

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They were asked but it was back when the NFL actually thought the Patriots were guilty before everyone became generally aware of temp and psi. It takes 30 minutes to do the first calculations that bring it down to around 11.3 which is where around the Patriots balls averaged. Then throw in the rain and that takes a couple more days as is an experiment not a mathematical calculation but we all saw head smart do that These guys paid for the answer they wanted and even with that Exponent never actually says someone tampered and that nature is not the reason why.

Froob said:

Kraft should really try to get those picks back. Threaten to sue. The Wells report even says ownership and coaches did nothing wrong. #nopicksnobanner
I know I'm getting greedy but like Monta Ellis I want it all!

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Jerry Jones basically called out Kraft for being a lil *****. Hope I can find the video. It was on either NESN or CSNNE.

Holy cow..... The guy from Wells' firm who was doing the questioning wasn't just a 'guy', he was a partner?

Wells asserted attorney-client privilege over
his communications with the NFL in connection with the Wells-Pash Investigation.
NFLPA Ex. 210, Award at 19 n.21.
69. Wells further testified that Pash even had an opportunity to comment on a
draft of the Wells Report before it was issued. IIr'g Tr. 268:17-25 (Wells); NFLPA Ex'
210, Award at 19 n.21.

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You've got to be ****ting me!

Froob said:

Kraft should really try to get those picks back. Threaten to sue. The Wells report even says ownership and coaches did nothing wrong. #nopicksnobanner
I know I'm getting greedy but like Monta Ellis I want it all!

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TOTALLY AGREE!!

Heck we shouldn't rest until this lawsuit shows up in 10 more federal courts so somehow we can get a ruling that 11 out of the 12 federal courts think the NFL is a joke!!!

Dr Pain said:

They were asked but it was back when the NFL actually thought the Patriots were guilty before everyone became generally aware of temp and psi. It takes 30 minutes to do the first calculations that bring it down to around 11.3 which is where around the Patriots balls averaged. Then throw in the rain and that takes a couple more days as is an experiment not a mathematical calculation but we all saw head smart do that These guys paid for the answer they wanted and even with that Exponent never actually says someone tampered and that nature is not the reason why.

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If I was Columbia, I would say "what about us?" And then proceed to discredit Exponent. Wish media would follow up on this.

juny said:

If I was Columbia, I would say "what about us?" And then proceed to discredit Exponent. Wish media would follow up on this.

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Might have just happened

TommyD4207 said:

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.

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Thanks.

anyone reading that would have to walk away with the feeling that one of the 130+ points is going to be a problem for the NFL.

so Brady gets a
(1) Injuuction
(2) suspension vacated
(3) Go nuclear on Goodell with an assist from Kraft?