Whenever I see something written by Lester I know the contrary opinion is correct. Take these pearls of wisdom...
>>>>>Question: Will Brady succeed in court and stop the NFL from suspending him for four games?
Answer: No, Brady will not succeed. Although he enjoys top-of-the-line legal
representation and his lawyers will file a brilliantly written lawsuit, his
effort to stop the suspension is doomed. There are two reasons why: First,
federal judges are reluctant to reconsider the rulings of arbitrators;
second,
Goodell produced a decision on Brady that is brilliantly reasoned, meticulously
detailed, and well-written. Goodell's recitation of the evidence of the tampering with game balls is powerful, and his description of Brady's attempt at a cover-up is persuasive.<<<,
( I don't think I have seen anyone suck up to the league that hard in a long time....)
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Re overturning arbitration decisions
>>>Courts won't review the merits but
"It is only when the arbitrator strays from
interpretation and application of the agreement and effectively "dispense
his own brand of industrial justice" that his decision may be unenforceable.
When an arbitrator resolves disputes regarding the application of a contract,
and no dishonesty is alleged, the
arbitrator's "improvident, even silly, factfinding" does not provide a basis for a review
ingcourt to refuse to enforce the award. Misco, 484 U.S. at 39<<<<
https://law.duke.edu/publiclaw/supremecourtonline/editedcases/pdf/majvste.pdf
I think the argument is that there was dishonesty (independent investigators were prosecutors as well invoking attorney-client privilege to deny access to notes unlike Rice and Peterson cases) and it was his own brand of induistrial justice..
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<<<<Even when the arbitrator's award may properly be vacated,
the appropriate remedy is to remand the case for further arbitration
proceedings.<<<<<
How about an independent one this time??????
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