8/14: NFLPA's latest submission is in

nowayback · Aug 14, 2015

Daniel Wallach‏@WALLACHLEGAL 3m3 minutes ago

Need to run, but 2 key takeaways: 1. Brady scores big with "specific vs. general" argument 2. NFL relies too heavily on non-CA2 case-Law
Daniel Wallach‏@WALLACHLEGAL 2m2 minutes ago

Final thought: Brady has better of the arguments, but NFL has deferential standard of review in its favor. Brady wins though.

fumbrunner · Aug 14, 2015

Daniel Wallach ‏@WALLACHLEGAL 49s49 seconds ago
Final thought: Brady has better of the arguments, but NFL has deferential standard of review in its favor. Brady wins though.

10 retweets10 favorites
Daniel Wallach ‏@WALLACHLEGAL 2m2 minutes ago
Need to run, but 2 key takeaways: 1. Brady scores big with "specific vs. general" argument 2. NFL relies too heavily on non-CA2 case-law

chasa · Aug 14, 2015

interesting strat by the NFL

Looks like even if the NFL loses they might double down and suspend brady for the season for being a meany head.

Bruins29 · Aug 14, 2015

I am not sure what will annoy the judge more. Kessler being a little fiery in his latest report or the NFL telling the judge he has no say in this at all.

Hmmm, let me get back to you.

Tony2046 · Aug 14, 2015

chasa said:
Tom did know before hand, about 32 seconds before Hitler told him he was getting punished for it.

And 29 seconds before the NFL filed a preemptive strike in NY.

SVN · Aug 14, 2015

Daniel Wallach ‏@WALLACHLEGAL 44m44 minutes ago
Key omission from NFL brief: No CA2 case law on arbitrator's ability to consider, then reject, preclusive effect of prior arbitration award

Can anyone explain this?

SVN · Aug 14, 2015

Michael McCann ‏@McCannSportsLaw 41m41 minutes ago
If you hate this litigation over Tom Brady's suspension, wait till the appeals. It increasingly appears that they'll be in court for months.

FourierSeries · Aug 14, 2015

fumbrunner said:
If, and it's a big if, but if Berman sides with the NFLPA and based on his writing so far, Berman will take EVERY opportunity to absolutely bury the NFL and Goodell. THAT will be an interesting read.

A big if? NFLPA has this one in the bag.

Mack Herron · Aug 14, 2015

chasa said:
at this point, with the way the nfl is acting like a child, Brady shouldn't settle for anything other then an apology from the nfl. in exchange he wont sure for defamation

Settle for the draft picks. When Goodell steps down he will insist he acted in the interest of the integrity of the game.

SVN · Aug 14, 2015

Daniel Wallach ‏@WALLACHLEGAL 46m46 minutes ago
NFL cites Eighth Circuit and Sixth Circuit case law to make that point. No CA2 decisions! NFLPA will hunt down contrary CA2 authority

fumbrunner · Aug 14, 2015

SVN said:
Michael McCann ‏@McCannSportsLaw 41m41 minutes ago
If you hate this litigation over Tom Brady's suspension, wait till the appeals. It increasingly appears that they'll be in court for months.

I dont know about this. I think there will be significant pressure from owners to put this to bed.

Koma · Aug 14, 2015

QuantumMechanic said:
Interesting:

Andrew Brandt ‏@adbrandt 29m29 minutes ago
Nugget from filing: NFL says Goodell could have increased the discipline based on appeal hearing, but chose not to. First I've seen that.

Andrew Brandt ‏@adbrandt 20m20 minutes ago
CBA says"unnecessary roughness or unsportsmanlike conduct discipline" can't be increased but "no such limitation w/conduct detrimental" Hmm.

(Note that Brandt has been a player agent and has worked pretty high up in the GB front office.)

So all those times before the appeal hearing that Rob0729 said Goodell might increase the suspension to 8 games, he wasn't joking?

Oswlek · Aug 14, 2015

Oswlek said:
Ah yes, we should thankful that the overlord's capricious and disproportionate judgement wasn't even worse. Well, when you put it that way....

I'm sorry for the self quote, but I just realized this is even stupider than I initially thought.

The entire point of this court case is to determine whether the sanctions were justified. If you can't prove that four games was warranted, why in hell would saying that your punishment could have been even more excessive be a valid argument? Seriously, what the f*** is wrong with these people?

VectorPrime · Aug 14, 2015

SVN said:
Michael McCann ‏@McCannSportsLaw 41m41 minutes ago
If you hate this litigation over Tom Brady's suspension, wait till the appeals. It increasingly appears that they'll be in court for months.

When Goodell loses no way do the owners allow him to appeal. No way.

DefenseRules · Aug 14, 2015

Brady should file a restraining order against everyone in the league office when this is over. Those people are seriously out to get him. They might just try to take him out. I have never seen anything like this in my life. These people are determined to keep him off the field. It doesn't matter if he's guilty or innocent. They want him gone.

QuantumMechanic · Aug 14, 2015

SVN said:
Daniel Wallach ‏@WALLACHLEGAL 44m44 minutes ago
Key omission from NFL brief: No CA2 case law on arbitrator's ability to consider, then reject, preclusive effect of prior arbitration award

Can anyone explain this?

Berman's court is in the 2nd Circuit. Only the US Court of Appeals for the 2nd Circuit (CA2) and SCOTUS can make precedent that binds Berman.

The NFL was apparently unable (or forgot) to find on-point cases by CA2 that support the NFL's claim that Goodell is allowed to consider and reject the allegedly binding effects of prior awards. The NFL says a bunch of non-CA2 circuits do allow him to do that.

So those cases can only act as potentially persuasive authorities for Berman -- he is not bound by them.

TommyD4207 · Aug 14, 2015

Koma said:
So all those times before the appeal hearing that Rob0729 said Goodell might increase the suspension to 8 games, he wasn't joking?

Why didn't he then?

Also, I'm still waiting for this NFL filing to show up. Wonder what the hold up is.

fumbrunner · Aug 14, 2015

SVN said:
Daniel Wallach ‏@WALLACHLEGAL 46m46 minutes ago
NFL cites Eighth Circuit and Sixth Circuit case law to make that point. No CA2 decisions! NFLPA will hunt down contrary CA2 authority

And yet they claim the Peterson ruling is irrelevant. Was their submission written in crayon?

JJC · Aug 14, 2015

TommyD4207 said:
That...is so not true. That is super-clear in the CBA. That's why the NFLPA made as big a deal of it as they did.

Each week, I become more and more confident that Roger has never read the CBA. I don't know whether is a function of lack of skill or lack of effort. He seems to think he is above having to abide by any rules. If that is not conduct detrimental to the game, what is?

I guess growing up in the household of a Senator, he learned that the rules are for thee and not for me.

Patsfanin Philly · Aug 14, 2015

TommyD4207 said:
That...is so not true. That is super-clear in the CBA. That's why the NFLPA made as big a deal of it as they did.

I don't think the league cares. Berman could throw out the punishment and Goodell will turn around and suspend Brady 8 games on principle.. The are mad with power and like others, pride goeth before the fall......and they will fall......If he did resuspend Brady it would end up in court and the PR hit for the league would be a tidal wave....

8/14: NFLPA's latest submission is in

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