http://www.usatoday.com/story/sport...udge-tom-brady-new-england-patriots/31256089/
some info/opinions from different lawyers.
some info/opinions from different lawyers.
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CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.As U.S. District Court Judge Richard M. Berman weighs the case between the NFL and the Players Association and Tom Brady, the question of whether Brady was complicit in the deflation of footballs isn’t on the table.
Rather Berman must decide whether the arbitration process that ended with Commissioner Roger Goodell upholding a four-game suspension for the New England Patriots quarterback was fair and in compliance with the collective bargaining agreement between the league and the union.
“I think the question (before Judge Berman) is was Goodell objectively an impartial arbitrator, considering that he was essentially arbitrating over a decision that he made,” says Alan Milstein, a litigator at Sherman Silverstein outside of Philadelphia. “I think the answer to that is fairly obvious. He wasn’t impartial. There’s no way he could remove his partiality and his bias from the arbitration.”
In a 2013 article in New York Dispute Resolution Lawyer, three attorneys reviewed arbitration cases in the Southern District from 2005-11. In the 68 labor and employment awards they studied, only two were denied confirmation.
Well, I see why NFL chose NY court. That doesn't instill confidence in me. Then again, I guess we don't know the substance of those cases.
And how many of those cases were arbitrated by Roger Goodell?Well, I see why NFL chose NY court. That doesn't instill confidence in me. Then again, I guess we don't know the substance of those cases.
this is what i found new and interesting there . At least i didnt hear that before.The NFLPA filed an expanded answer and counterclaim this week, and the court is awaiting the league’s response to the complaint.
Well, I see why NFL chose NY court. That doesn't instill confidence in me. Then again, I guess we don't know the substance of those cases.
The Judge should ask Goodell "Was Wells an indpendant investigator".
And if the answer is yes, the Judge should say "Attorney Client privilege then does not apply, and I expect the NFL offices to realease all emails and texts with the same search terms that you asked Brady for".
Only fairness in having Brady's privacy invaded is if Goodell's is as well.
And if the answer is 'no' then the case should be thrown out and Brady should sue for defamation
The Judge should ask Goodell "Was Wells an indpendant investigator".
And if the answer is yes, the Judge should say "Attorney Client privilege then does not apply, and I expect the NFL offices to realease all emails and texts with the same search terms that you asked Brady for".
Only fairness in having Brady's privacy invaded is if Goodell's is as well.
And if the answer is 'no' then the case should be thrown out and Brady should sue for defamation
It's concerning unless you look at with context: Only 3 were overturned but those 3 were cases involving the NFL
As the article points out, Rice and Peterson set the stage for Brady, and others, to win this arbitrary punishment decisions (in some many words). Goodell knows this and has sent out the command "Execute Order 66" (more precisely article 54 for non star wars fans). RG is trying to invoke that article in the CBA that says he has virtually unlimited arbitrary power when the 'confidence and integrity of the game' are at issue (hmmm, does this apply to a commissioner who many in the public have no confidence in and/or believes he lacks integrity??). Obviously he is using this article in the CBA to say his unprecedented and non agreed upon level of punishment is perfectly legal.
So, ladies and gentlemen, that question is singularly extremely important. 95% of this case travels from the answer to that question. If the judge says "yes, this article in the CBA applies here" then Brady is toast. He'll start serving his suspension unless he gets a stay/gets it overturned on an appeal(I assume). However, if the judge says the article does not apply then Brady's punishment is almost certain to be 90% wiped out. I believe the agreed upon/notified level is a fine (and that's it).
Goodell literally lied in his appeal brief. How is that not damning enough on its own to have his judgement thrown out?
You know why all of the grass is green don't you? A federal judge in New York, who was a Jets fan, ordered it soWell, I see why NFL chose NY court. That doesn't instill confidence in me. Then again, I guess we don't know the substance of those cases.
Well, I see why NFL chose NY court. That doesn't instill confidence in me. Then again, I guess we don't know the substance of those cases.