USA Today :Deflategate judge will put NFL's arbitration process into focus

http://www.usatoday.com/story/sport...udge-tom-brady-new-england-patriots/31256089/

some info/opinions from different lawyers.

Can a judge rule with a "if it looks like a duck" clause?

Some bits from the story:

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.

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And then...

“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.”

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SVN I love you, man, but would it kill you to include some quotes with your links?

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.

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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.

brap999 said:

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.

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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).
Stay tuned....

(side note; it is unfortunate the question of actual guilt cannot be judged. I am greatly hoping the judge speaks a few words to the weak case against Brady in the ultimate announcement of his decision).

brap999 said:

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.

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And how many of those cases were arbitrated by Roger Goodell?

The NFLPA filed an expanded answer and counterclaim this week, and the court is awaiting the league’s response to the complaint.

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this is what i found new and interesting there . At least i didnt hear that before.

Have we heard anything about the 15 page "reply briefs" due today?

The Judge should ask Goodell "Was Wells an independent 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 release 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.

Goodell literally lied in his appeal brief. How is that not damning enough on its own to have his judgement thrown out?

brap999 said:

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.

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im not that confident either even though logic says the suspension should be thrown out...
so is brady loses he appeals again?? or does he accept the ruling?

We need an exorcism on Park Ave.

voluntarysaftey said:

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

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That's awesome! I tweeted that to Steph Stradley yesterday. Great minds...

voluntarysaftey said:

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

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This is where I, as an uninformed layman, get kinda lost in this. I agree that it should operate exactly as you say. If he's operating as your attorney, then he's not independent and you're evidently biased in arbitrating the appeal. If he's not operating as your attorney, then you can **** right off with this attorney-client privilege and produce all communications to help determine if you were biased.

It should have to be one or the other. Can't have your cake and eat it too.

TheBostonStraggler said:

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).

Click to expand...

Good info but I think the potential (read: obvious) bias of Goodell is a separate issue that can be judged whether or not article 54 applies. Based on my reading of all documents as well as the general opinion of (presumably) unbiased observers, I still like Brady's chances.

VectorPrime said:

Goodell literally lied in his appeal brief. How is that not damning enough on its own to have his judgement thrown out?

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I'm confused about this as well. He lied to not only uphold the decision, but to overreach his duties as arbitrator and actually strengthen the case against Brady. I can't fathom a law that allows that kind of behavior no matter how loathe courts are to meddle with arbitration. Seriously, there should literally be 0% chance that the NFL wins this case just by these facts alone.

What am I missing?

brap999 said:

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.

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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 so

brap999 said:

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.

Click to expand...

Confirmation is required to give legal effect to arbitration rulings. Many of these cases are simply "I won't pay you this fee" with a contract giving a fee schedule and the arbitrator finding the fee was written in the contract. They are layups. That is the typical reason courts give these decisions great deference.

I saw a few of these in the Second Circuit, and this is not the typical arbitration action. Relying on these statistics is like saying "90% of medical malpractice cases fail" when your case involves a client who had his right arm sawed off when the left one needed removing.

MassPats38 knows more about it than me......Cases where one party is the judge, jury, executioner -- and may have also created the crime -- has to be a very uncommon occurrance. So, the stats aren't as meaningful here.