8/14: NFLPA's latest submission is in

TommyD4207 said:

I'm surprised none of the lawyer class has picked up on that.

Peterson has been decided in Minnesota. The NFL lost. They appealed, and now as it's under appeal, they want Berman to interpret Peterson they way THEY interpret it - in essence ruling on the appeal, and overturning the Minnesota court's decision in the process.

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On appeal, my punishment has been upheld. It turns out that you didn't look at me funny, but that is irrelevant because I'm upholding on the grounds that I don't like your face.

The NFL position distilled:

ctpatsfan77 said:

Per the International Bureau of Weights & Measures, the current usage is "298 kelvins" or "298 K" rather than "298 degrees Kelvin" or "298°K." [Part of my job involves writing scientific stuff, so I've had to look it up; the biggest frustration I have, though, is when people write stuff like "298 Kelvin."]

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That's your biggest frustration?

raduray said:

The NFL position distilled:

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I think thats too smart for the NFL

fumbrunner said:

I dont think the NFL could have made worse decisions related to having the the case heard in NY.

http://sports-law.blogspot.ca/2015/08/another-home-field-advantage-for-tom.html

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I still just don't understand how the NFLPA could fail in its claim that Goodell was evidently partial. It seems self-evident, especially when the standard is, as you cited, that "a reasonable person would have to conclude that an arbitrator was partial to one party to the arbitration." Isn't it a slam dunk that Goodell was partial to... himself?

I know I must be simplifying/overlooking something out of ignorance here. Because if I wasn't, this would be one of the most open-and-shut cases to ever hit this or any court.

BradyFTW! said:

I still just don't understand how the NFLPA could fail in its claim that Goodell was evidently partial. It seems self-evident, especially when the standard is, as you cited that "a reasonable person would have to conclude that an arbitrator was partial to one party to the arbitration." Isn't it a slam dunk that Goodell was partial to... himself?

I know I must be simplifying/overlooking something out of ignorance here. Because if I wasn't, this would be one of the most open-and-shut cases to ever hit this or any court.

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Not necessarily. IN THEORY, there's no reason Goodell couldn't have been an impartial arbitrator. Also, there's the gray area as to whether Vincent ordered the punishment, or Goodell, or Vincent, or Goodell, or Vincent showed it to Goodell and he totes signed it.

Where that falls apart is where for what feels like the first time in Goodell's tenure, they didn't cut a suspension down by at least half after appeal. That, and subsequently the written decision, where he introduces non-existent evidence and changes the terms of the suspension, is where that all falls apart.

BradyFTW! said:

I still just don't understand how the NFLPA could fail in its claim that Goodell was evidently partial. It seems self-evident, especially when the standard is, as you cited, that "a reasonable person would have to conclude that an arbitrator was partial to one party to the arbitration." Isn't it a slam dunk that Goodell was partial to... himself?

I know I must be simplifying/overlooking something out of ignorance here. Because if I wasn't, this would be one of the most open-and-shut cases to ever hit this or any court.

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The counterargument is that the CBA allows the partiality of having the Commissioner arbitrate the Commissioner's decisions.

Danger Zone said:

Have always wondered where it was from/filmed and what was said to get that kind of reaction from the crowd

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I saw the whole thing once, it was pretty stupid funny.

fumbrunner said:

I dont think the NFL could have made worse decisions related to having the the case heard in NY.
http://sports-law.blogspot.ca/2015/08/another-home-field-advantage-for-tom.html

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So, if the second circuit standard is a reasonable man standard, the NFL is basically saying to Judge Berman, "if you infer the NFL was evidently partial, based on your own assessment of the objective facts and thereby determine that the award is inconsistent with impartiality, you are unreasonable." They are challenging the Judge's judgement. Then they follow it up with, "But even that doesn't matter, because you don't have the authority to decide this case that we put on your desk."

WTF are they thinking? The NFL seems to be comprised of people/attorneys who think they are so smart to be able to spin a thick web of arguments that no one can follow.

I would like to see Berman go all Alexander the Great on this Gordian Knot and simply say, "Fundamental science indicates that there were no underlying crime. The NFL failed to take even the slightest amount of care in measuring football inflation levels at any time. The NFL's persistence in spinning fantasies and re-justifying their sanctions in the absence of any underlying crime speaks to malevolent intent. I therefore vacate the punishment and order the NFL to rescind the team punishment and forego any further witch hunts into this episode. Article 46 is not a shield behind which the NFL can hide its aberrant behavior. Now get out of my courtroom!"

This should be the judges response to the NFL:

JJC said:

So, if the second circuit standard is a reasonable man standard, the NFL is basically saying to Judge Berman, "if you infer the NFL was evidently partial, based on your own assessment of the objective facts and thereby determine that the award is inconsistent with impartiality, you are unreasonable." They are challenging the Judge's judgement. Then they follow it up with, "But even that doesn't matter, because you don't have the authority to decide this case that we put on your desk."

WTF are they thinking? The NFL seems to be comprised of people/attorneys who think they are so smart to be able to spin a thick web of arguments that no one can follow.

I would like to see Berman go all Alexander the Great on this Gordian Knot and simply say, "Fundamental science indicates that there were no underlying crime. The NFL failed to take even the slightest amount of care in measuring football inflation levels at any time. The NFL's persistence in spinning fantasies and re-justifying their sanctions in the absence of any underlying crime speaks to malevolent intent. I therefore vacate the punishment and order the NFL to rescind the team punishment and forego any further witch hunts into this episode. Article 46 is not a shield behind which the NFL can hide its aberrant behavior. Now get out of my courtroom!"

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Agree. With all of this. This is how my dream scenario would go.

Berman: After careful consideration, I cannot in good faith rule in favor of the NFL. It would set a dangerous precedent that I will not allow. The lies and deceit finally caught up to you in a bad way. Mr Brady, you are hearby released from your suspension. Good luck with your season and stay healthy.

Pash: Bbbbbbuuuuuuut your Honor..Article 46!

Berman: You would do well to watch yourself sir.

Goodell: You've overstepped your authority Judge Berman. (Phone starts ringing)

Berman: Is that so? Mr Goodell I hear your phone is ringing. You may want to get that.

Goodell answers the call. Shock spreads over his face.

Berman: That Mr. Goodell must be your secretary. She is informing you that as of right now, the FBI field office of New York City is carrying out a warrant to raid your offices. I would suggest you comply and cooperate fully, and Mr. Pash, I encourage you to turn this over to someone competent.

Courtroom dismissed.

Stradley vs MCI. Lol.

Also, if you notice what the ticker on his avatar is. Wells fires back. What a fraud.

Ben Volin ‏@BenVolin
Lol at #Patriots fans who think I’m being negative. Quite the opposite. It’s good lawyering by Kessler. But he’s clearly hamming it up

Stephanie Stradley– ‏@StephStradley
@BenVolin Usually lawyers don't face such obviously disingenuous stuff in filings. Like a softball on a tee. You have to hit it.
7:51 PM - 14 Aug 2015
2 RETWEETS11 FAVORITES

TommyD4207 said:

-The fact that Brady's communication with Jastremski went up AFTER the AFC Championship Game was apparently proof of a scheme to tamper with footballs...BEFORE the AFC Championship Game.

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It's flabbergasting that the NFL continues to think this is a viable argument. Under what circumstances are two people accused of a crime not going to increase their communication? Assuming innocence there are none; the only potential outlier is they are guilty and worried about perception. The NFL's evidence literally points in the opposite direction, and that's before factoring in that the team was headed to the super bowl!

I'll be gracious and concede this point to them, though, with only one condition; that they admit that the increased post AFCCG communication between Wells and NFLHQ is evidence of a conspiracy to take down the Patriots. I mean, what other explanation could there possibly be?

Question for those in the know. Is it possible that Kessler's timing and bombastic writing style was designed to shake something loose in the expected NFL response? If so, what?

This whole thing is scary. No wonder alien civilizations wont come and visit us.

raduray said:

The NFL position distilled:

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And if that position doesn't work, the NFL always has....

The nfls response sounds like it was written in crayon.

Florio with more on the NFL's insanity.

http://profootballtalk.nbcsports.co...to-increase-brady-discipline-so-why-didnt-he/

The final brief submitted by the NFL in support of the decision to suspend Patriots quarterback Tom Brady reiterates the same arguments the league already has made. In a footnote on the final page of the brief, the NFL makes a curious claim.

As to the league’s argument that the Commissioner has the authority under the Collective Bargaining Agreement to consider new evidence on appeal (e.g., Brady’s “destroyed” phone) even if that evidence was not considered in connection with the original disciplinary decision, the NFL contends that the Commissioner also had the authority to increase the suspension on appeal.

“The CBA provides that, in appeals of fines imposed for unnecessary roughness or unsportsmanlike conduct on the playing field with respect to another player, the discipline ‘may only be affirmed, reduced, or vacated by the hearing officer, and may not be increased,'” the NFL asserts in footnote 4 at the bottom of page 8 of its latest legal brief. “The CBA imposes no such limitation on the Commissioner’s decision in appeals such as this one involving discipline imposed under Article 46, Section 1(a) for conduct detrimental to the integrity of the game.”

OK, fine. Then why didn’t “The Enforcer” increase the discipline once learning that Brady had “destroyed” his phone?

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The comments by the haters as usual will be the most entertaining part.

andrewssix said:

It is at least theoretically possible that the NFL could issue another punishment."[/B]

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If that happens and the owners don't immediately do something about it, I will.