8/14: NFLPA's latest submission is in

Peachhead said:

If it included a suspension I think Goodell would get socked with a contempt of court charge and an injunction within the hour. Judge Berman would NOT be happy!

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Hammer of Thor said:

Certainly it was bad last year. This year they built their secondary to mimic the press man single high safety sceme that the Patriots used last year and the Seahawks have been using. There is talent there. But the proof will be on the field, of course.

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JJC said:

If that is true, how can it then be a right? Rights are things which cannot be breached by others, whether individuals or the state, without consequences. If the NFL compelled Brady to testify against himself, how would that not be a violation of his civil rights?

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TommyD4207 said:

Brady thinks he's innocent, and he's behaving like someone who thinks he's innocent. Why pay the NFL a dime if you did nothing wrong?

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Fencer said:

For approximately the same reason that nuisance lawsuits are commonly settled for nonzero amounts of money.

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Chiuba E. Obele said: ↑
Michael McCann ‏@McCannSportsLaw 58m58 minutes ago
In response filed tonight, NFL argues under federal law Judge Berman is not authorized to rule for Brady even if there are factual errors.

So Judge Berman is being told that he can't make his own ruling?

Ladies and gentlemen, I give you the NFL

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raduray said:

Yes, I'm sure Berman will enjoy reading that, particularly as the NFL is the one that filed this case.

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neuronet said:

They explicitly fought against this, and now we see why. Next CBA I guarantee they won't make the same mistake.

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5thRing-Hunt said:

So if Brady wins will the nfl appeal? My first thought would be no. I would think goodell could just go back and tell all the owners and pat haters he tried and still keep the ratings up with Brady on the field. But I've been wrong this entire time and I'm beginning to think this is personal and goodell will take it as far as the law allows. Thoughts?

It would suck for Brady. People say an appeal can take years but my fear is its overturned on appeal right before the playoffs

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5thRing-Hunt said:

So if Brady wins will the nfl appeal? My first thought would be no. I would think goodell could just go back and tell all the owners and pat haters he tried and still keep the ratings up with Brady on the field. But I've been wrong this entire time and I'm beginning to think this is personal and goodell will take it as far as the law allows. Thoughts?

It would suck for Brady. People say an appeal can take years but my fear is its overturned on appeal right before the playoffs

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TommyD4207 said:

This isn't a nuisance lawsuit. This is an assault on his character and legacy. I'm pretty sure that's how he looks at it.

It's only a nuisance to the sports media who don't like having to read or think critically.

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For months the stories that came out were often damning and prejudicial to Brady and the Patriots even if, in the end, they were often completely wrong, made up or just of low relevance to the actual facts of what happened in the AFC Championship game.

Many in the media covering this case, more notably ex-players and coaches serving as analysts on television were unlikely to pour through what is now over 1,000 pages of reports, testimony, documents and science reports. They went for the shiny objects and much of the public, who likewise isn’t going to spend that much time on a rather ridiculous scandal, accepted it.

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QuantumMechanic said:

If the NFL lost and appealed I think it would be surprising for CA2 to reach a decision before the start of February. That's only 5 months from when Berman will likely issue his decision. So even if Brady lost on appeal I very much doubt he'd miss any 2015 time.

Heck, Berman could guarantee that if he wanted. He could say he needed more time, grant the injunction Brady would immediately ask for, and then release his decision in October or later. That would never come to an appellate conclusion before the beginning of February. I'm not saying he'd do that - I'm sure he wants this all out of his hands ASAP.

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Hoodie said:

Not sure I saw this posted. from Dan Wetzel's FB page. Frustrating that he still thinks "something" happened.

https://www.facebook.com/permalink.php?story_fbid=729834857128494&id=718968398215140

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DarrylS said:

McCann's take on all of this is interesting, he labels it as an "incendiery" response..

http://www.si.com/nfl/2015/08/14/tom-brady-filing-roger-goodell-deflategate-federal-case-analysis

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There comes a point in any litigation when there is no turning back, when no settlement can be reached. It’s the moment when both sides are resigned to taking their chances with the judge or jury. Until then, they often wage all-out war. If Tom Brady and Roger Goodell fail to reach a settlement in their case, Friday will probably be remembered as the day when the point of no return was crossed and when the gloves truly came off.

In a seething memorandum filed to U.S. District Judge Richard Berman Friday night, attorneys for Brady ridiculed Goodell as incompetent and dishonest.

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5thRing-Hunt said:

So if Brady wins will the nfl appeal? My first thought would be no. I would think goodell could just go back and tell all the owners and pat haters he tried and still keep the ratings up with Brady on the field. But I've been wrong this entire time and I'm beginning to think this is personal and goodell will take it as far as the law allows. Thoughts?

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It would suck for Brady. People say an appeal can take years but my fear is its overturned on appeal right before the playoffs

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QuantumMechanic said:

To me the interesting question is could Brady get a temporary injunction from CA2 if he loses in front of Berman and appeals. Because if he is able to then he probably won't miss any 2015 time even if he loses the whole thing when it's all said and done.

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