Kessler outlines NFLPA's appeal

Ice_Ice_Brady said:

If that is true, then why even have any collectively bargained fines or even have an NFLPA? I would say more accurately, or at least I really, really, hope, that the CBA stipulates the commissioner has the right to arbitrate, enforce, and dictate player punishment, provided he does not violate the other agreed upon rules of the CBA.

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Or the process in which was agreed to.

Bobsyouruncle said:

Now you're just being ridiculous. There weren't any pictures.

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hence the need for hand puppets!

Brady will show up to court and it will turn out he's been punk'd the whole time. Roger will shake his hand and tell him to wave to the cameras.

BradyFTW! said:

Maybe I'm just a stupidly optimistic homer, I dunno. But I really do feel like any one of these four points is a slam dunk to get the suspension vacated, and all four of them taken together paint a pretty insidious picture that even a biased judge would have to recognize.

Prepared for the worst, but it's hard not to be a little optimistic.

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There's an old joke about two lawyers shouting at each other from balconies across a narrow street. There was no way they could ever agree, because they were arguing from different premises.

Kessler's argument boils down to:

1. Discipline under the CBA has to meet certain procedural standards.
2. In Brady's case it didn't.

IF Judge Berman agrees with Kessler (in whole or in sufficient part) that those standards should apply -- which pretty much equates to agreeing with Judge Doty in Minnesota -- and IF Judge Berman approximately agrees with Kessler as to what does or doesn't meet the standards, THEN Brady's case is a slam dunk.

robertweathers said:

The card the NFL will play again and again and again is that the CBA stipulates that the commissioner has the right to arbitrate, enforce and dictate player punishment. The players agreed to this.

With that said, the process in which the commissioner follows is that of the wild west.

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Judge Doty found that under law, there were limitations on Goodell's power, notwithstanding the card the NFL will try to play. That opinion has been appealed. Also, it's not binding as precedent on Judge Berman.

All that said -- while I am not a lawyer, and in all my years of business I've rarely been in a labor law situation, I lean strongly to Kessler's and Doty's views. There are minimum standards of fairness in labor law, period, perhaps unless they're waived a lot more explicitly than I think they were in the CBA, or unless they are inapplicable for some other reason.

Ice_Ice_Brady said:

The collectively bargained fine seems to be possibly the strongest point in this entire case; the league collectively bargained a fine of $8,268 or so for equipment tampering/stickum, etc. specifically for gaining an advantage. I really don't see how the NFL could argue around this one, other than to say Goodell has the authority to classify the offense and that somehow this offense is more egregious (no idea how anyone would agree.)

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The league has already transitioned most of the way to the argument "The penalty isn't for the crime; it's for the coverup."

DaBruinz said:

Roger's verdict was not well written.. It's was shyte. In fact, it went out of it's way to outright say that Brady knew exactly what was going on despite what the Wells report said. It also make bogus claims about the cell phone information.

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It made a BS argument, yet it convinced a lot of people, including a few not entirely biased ones.

This suggests that it was well-written indeed.

The league accused Brady of cheating. When they failed to show that, they punished him for failing to provide evidence that he cheated.

It's rock solid Goodell logic.

http://profootballtalk.nbcsports.co...-by-role-of-wells-colleague-at-brady-hearing/

NFL outside counsel Gregg Levy, who served as the Commissioner’s legal adviser at the Brady appeal hearing, told PFT by phone that notes generated by NFL security officials before the hiring of Ted Wells were given to the NFLPA. Levy confirmed that notes of interviews conducted by Wells and his team were not made available to the NFLPA.

“The substance of the interviews was reflected in the Wells report,” Levy said.

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Well, just so y'all know, MCI Volin has weighed in. The NFL has crushed the NFLPA, the judge was infuriated by the NFLPA brief, clearly that's what he was talking about when he said tone down the rhetoric, the NFL have been perfect gentlement, and he expects Brady will probably just give the whole thing up sometime in the next few days cause didn't he tell you? THe NFL crushed them!

DaBruinz said:

Roger's verdict was not well written.. It's was shyte. In fact, it went out of it's way to outright say that Brady knew exactly what was going on despite what the Wells report said. It also make bogus claims about the cell phone information.

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I thought parts of it were a bit defensive. When they went out of their way to describe why this situation was not like the one in Carolina-Minnesota, well methinks they doth protest too much.

rochrist said:

Well, just so y'all know, MCI Volin has weighed in. The NFL has crushed the NFLPA, the judge was infuriated by the NFLPA brief, clearly that's what he was talking about when he said tone down the rhetoric, the NFL have been perfect gentlement, and he expects Brady will probably just give the whole thing up sometime in the next few days cause didn't he tell you? THe NFL crushed them!

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He really earns the mci name if he thinks the judge said tone down the rhetoric because of the nflpa petition. I doubt Berman has even read it yet because it hasnt been filed in his court

Fencer said:

The league has already transitioned most of the way to the argument "The penalty isn't for the crime; it's for the coverup."

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Which is actually a good thing, given the lack of any history at all for severe punishments for lack of cooperation or even for obstruction, even when it definitely did occur. They can quote Tagliabue on that, from Bountygate.

robertweathers said:

The card the NFL will play again and again and again is that the CBA stipulates that the commissioner has the right to arbitrate, enforce and dictate player punishment. The players agreed to this.

With that said, the process in which the commissioner follows is that of the wild west.

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Well, if you keep repeating the same thing lots of people will believe you (if it gets repeated by others). Federal Judges are probably pretty smart people and (probably) hate it when people think they are trying to outsmart or outmaneuver them. Seeing how Goodell has a team of lawyers to help him, he's probably better off than having him open his mouth.

Let's hope Goodie has a chance to defend his position, personally.

rochrist said:

Well, just so y'all know, MCI Volin has weighed in. The NFL has crushed the NFLPA, the judge was infuriated by the NFLPA brief, clearly that's what he was talking about when he said tone down the rhetoric, the NFL have been perfect gentlement, and he expects Brady will probably just give the whole thing up sometime in the next few days cause didn't he tell you? THe NFL crushed them!

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To be fair, it is what Google says.

http://sports-law.blogspot.com/2015/07/more-of-brady-bunch.html

My bet is still that Brady plays every game.
-- Alan Milstein

Dr Pain said:

http://sports-law.blogspot.com/2015/07/more-of-brady-bunch.html

My bet is still that Brady plays every game.
-- Alan Milstein

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That would be hilarious if the nfl screwed themselves.

rochrist said:

Well, just so y'all know, MCI Volin has weighed in. The NFL has crushed the NFLPA, the judge was infuriated by the NFLPA brief, clearly that's what he was talking about when he said tone down the rhetoric, the NFL have been perfect gentlement, and he expects Brady will probably just give the whole thing up sometime in the next few days cause didn't he tell you? THe NFL crushed them!

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Still looking forward to the day that he gets removed from the patsfans twitter list

Fencer said:

The league has already transitioned most of the way to the argument "The penalty isn't for the crime; it's for the coverup."

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what cover up? You mean the destroyed phone that they said they didn't want.?

JR4 said:

what cover up? You mean the destroyed phone that they said they didn't want.?

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And the previous decision not to give them the phone in the first place. And the Pats' refusal not to let McNally testify yet again. And Brady not bringing McNally or Jastremski to the appeal. And the presumption that Brady/Jastremski talks right after the AFCC had something to do with a coverup.

And of course Brady not confessing to a long list of offenses he didn't actually commit.

That this all makes no sense doesn't contradict my claim that it's the main story the NFL is telling ...