NFLPA suit

"108. Vincent apparently chose not to apply the Player Policies to Brady because a fine would not have
quenched other NFL owners' thirst for a more draconian penalty. But the NFL was not at liberty to disregard the specified and collectively bargained penalties in the Player Policies for which players have
notice.
No other penalty or policy applicable to players for equipment violations involving competitive advantage
was ever provided to Brady or any other player."

This is a pretty damning statement if it can be proven. Witch hunt much? Where do the other owners get to be involved in determining the punishment?

Could this statement be grounds for legal action to try and get the stolen picks back?

The Gr8est said:

"108. Vincent apparently chose not to apply the Player Policies to Brady because a fine would not have
quenched other NFL owners' thirst for a more draconian penalty. But the NFL was not at liberty to disregard the specified and collectively bargained penalties in the Player Policies for which players have
notice.
No other penalty or policy applicable to players for equipment violations involving competitive advantage
was ever provided to Brady or any other player."

This is a pretty damning statement if it can be proven. Witch hunt much? Where do the other owners get to be involved in determining the punishment?

Could this statement be grounds for legal action to try and get the stolen picks back?

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I think this statement "other owner's" may be a way to get the owners to be deposed or testify under oath as to whether they spoke to/lobbied/pressured Goodell on punishment. This brings it in to play without directly accusing them...

I like the argument "how could goodell be so stupid to violate the cba" this guyhas no regard for the cba. He gives punishments based on the public opinion rather than the rulebook.

And this is why he loses in court all the time

My favorite line in the NFLPA Suit so far, "The shrill emphasis placed by Goodell on Brady discarding an old phone is an attempt to obfuscate and divert attention from the glaring flaws in the Award and arbitration process"

LOL, describing Goodell like some cantankerous old married wench with his shrill high pitched whining about something that doesn't even matter...Nice...

Bella*chick said:

HOw can anyone reading this document think the odds are against Brady? I mean, really?!

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The NFLMC lawyers have to prove their allegations. We must not forget how incredibly weak the CBA is for the players. So much of the Brady suit depends on the "rule of shop" interpretation by the judge. Unfortunately, the CBA gives the Commissioner the power to levy penalties and the right to hear all appeals.

The NHLPA have a much better CBA that places the authority in different hands and gives the players a much fairer shot at having their punishments reviewed.

I am not that confident that the courts will look favorably on this.

goheels22002 said:

Unfortunately, the CBA gives the Commissioner the power to levy penalties and the right to hear all appeals.

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Except goodell didn't levy the penalties in this, troy vincent did. Which per the cba he had no legal right to do.

PATSNUTme said:

Many great points in the brief but I must have missed the part of an immediate injunction against the suspension until a trial date has been set. Maybe that comes later?

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It mentioned in the brief they will be filing either an injunction shortly or a motion for a quick judgement.

Can someone explain to me why so many analysts feel brady will lose?

After bountygate, rice, Peterson all winning in court. It seems like bradys is a much easier case to win

Its like they forget that goodell has lost in court every time

The NFLPA's claim is that where this isn't the same kind of situation as the Peterson and Rice cases, it's actually worse.

The Vincent/Goodell distinction is mainly a red herring, but it supports the general claim that the whole process was arbitrary and unfair.

SVN said:

The David Gardi false email has to be there. Its a big deal

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It's in there.

So despite blatant venue shopping by the NFL the thing was send back to the NY courts? Seriously what the hell is going on?

rexxar said:

I "read" all 54 pages.. looks good to me!

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You really don't have to read past §4 through §6 if you don't want to do so.

The points on which the case will succeed or fail are all made in these Sections and are generally consistent with last week's NFLPA leak to ABC: lack of Precedence, lack of Notice, Arbitrary punishment contrary to what was negotiated, the use of the legally vacuous standard of "General Awareness" and lack of Process around the testing of the balls. The only material difference from what had been reported in the media last week is the description of Goodell as a "penal arbiter," who was ruling "on the legality of his own improper delegation of authority," in a manner contrary to the CBA. That was new and appears to have been added to the end of the Sections that I referenced.

The rest of the Petition elaborates on the above, but the Suit will stand or fall on these points. If the judge finds that the Suit as stated in those Sections has merit, the points raised in the longer document will re-enforce his/her favorable view. If the judge finds that the suit as stated lacks merit, they won't make any difference.

It's interesting that we now have a situation of potentially competing venues, with the NFL's initial motion filed in New York, asking the Court to uphold its motion. The NFL was no doubt confident that it would get a sympathetic judge, but the roulette wheel by which judges are assigned stopped on one of the most labor friendly, "liberal" judges on the Federal Bench for the Southern District of New York.

I think that we all have to be aware that, despite how strongly we feel, Brady faces an uphill battle. 75% of motions to have a ruling upheld (such as the one filed by the NFL in New York) are sustained; the selection of a judge like Judge Berman helps a bit with that. Courts generally look poorly on plaintiffs who are trying to get an Arbitrator's ruling overturned, but the points in the NFLPA's brief seem solid to me as a non-lawyer.

patsfan13 said:

Actually exponent had to use the gauge dodge to get any deflation beyond the Ideal Gas Law, Ross McKittrick established this in fact, to believe exponent you have to believe that the balls were deflated by exactly the difference between the two gauges. Amazing coincidence that McNally was able to deflate 12 balls by the exact amount that corresponds to the gauge difference.



http://climateaudit.org/2015/07/03/ruling-out-high-deflation-scenarios/


Btw McKittrick has comments on Goodell' ruling and his 'science'.


http://climateaudit.org/2015/07/29/goodell-and-deflategate-science/

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This totally confuses me. Did Brady's expert concede to Exponent's findings or is this another "interpretation" by Goodell?

Hoodie said:

This totally confuses me. Did Brady's expert concede to Exponent's findings or is this another "interpretation" by Goodell?

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My interpretation is that Snyder submitted some kind of challenge to Exponent's claims but Goodell rejected it, and McIntyre believed that either Snyder should have challenged other aspects as well or Brady should have had a different expert.

Sciz said:

My interpretation is that Snyder submitted some kind of challenge to Exponent's claims but Goodell rejected it, and McIntyre believed that either Snyder should have challenged other aspects as well or Brady should have had a different expert.

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Thanks. Goodell's footnote says Dean Synder took no issue with the Exponent experiments and that just confuses me.

Hoodie said:

Thanks. Goodell's footnote says Dean Synder took no issue with the Exponent experiments and that just confuses me.

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Yeah in a previous he rejected the high deflation scenario.

patsfan13 said:

Yeah in a previous he rejected the high deflation scenario.

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I think maybe I'm not smart enough to understand so I think I won't worry my pretty little head about it.

Hoodie said:

I think maybe I'm not smart enough to understand so I think I won't worry my pretty little head about it.

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BTW Steve made a comment on Steph Stradley great blog on his analysis written for non geeks.

Scroll down to the comments lots of great info there:

http://www.stradleylaw.com/deflategate-legal-questions/

luuked said:

So despite blatant venue shopping by the NFL the thing was send back to the NY courts? Seriously what the hell is going on?

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It was actually the NFLPA that was accused of forum shopping, and that was by the judge in Minnesota who sent it back to NY.

As we know, both sides tend to try and find the right fit, so the reality is that both are guilty of this.