8/14: NFLPA's latest submission is in

fumbrunner said:

Actually, there would have been disadvantages to having the case heard in Massachusetts. NFL did them a favour.


The first circuit (Ie..Massachusetts) follows the latter.

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That sounds really pertinent. Care to fill me in on what the two legal standards are, and how they might impact the case going forward?

pherein said:

Yeah true we are a long shot

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Asking a Saints fan here though, what happened to Kenny Vaccaro last year?

Chiuba E. Obele said:

That sounds really pertinent. Care to fill me in on what the two legal standards are, and how they might impact the case going forward?

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I'll let the attorneys on the board to comment more fully, but my interpretation is that it helps the NFLPA make its case for vacatur is it is found that Goodell manifestly diregarded the CBA in establishing the award. That option for vacatur would not be available in certain circuits.

VectorPrime said:

Ok. So why does it matter if the NFLPA doesn't happen to include every detail in their short brief? I really dont understand.

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It doesn't, although the judge having that item in front of him would help to guide his decision.

TommyD4207 said:

It doesn't, although the judge having that item in front of him would help to guide his decision.

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I think we can tell by now that Berman isn't stupid. If he wants to be aware of it he will be.

Joey007 said:

Asking a Saints fan here though, what happened to Kenny Vaccaro last year?

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Vaccaro still has the intesity I think our coaching is lacking, hes still could be great.

TommyD4207 said:

Thankfully, that division is pretty terrible, although I do expect Carolina to continue to improve.

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Well Cam is just vick 2.0 , I mean seriously can you see Brady making a TD and doing a superman silly thing? Hes extremely immature, and wont go far.

pherein said:

Well Cam is just vick 2.0 , I mean seriously can you see Brady making a TD and doing a superman silly thing? Hes extremely immature, and wont go far.

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Cam Newton is 10x the QB Michael Vick ever was. He's legit, that kid.

Cam had a really down sophmore season but he's good. RG3 is someone whose going nowhere.

TommyD4207 said:

Cam Newton is 10x the QB Michael Vick ever was. He's legit, that kid.

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I like Cam. It's a shame that Hurney screwed up their cap so badly that he was carrying a crap offense on his back for the duration of his rookie contract. But they've finally moved past those horrible RB contracts, not to mention Beason and some of the other atrocious deals they made. That's a step in the right direction, but Carolina still has a long way to go on offense to be a real competitor. They're about two linemen, a running back and two receivers short of being top-tier, and that's assuming that the D doesn't drop off while they stock up.

TommyD4207 said:

Cam Newton is 10x the QB Michael Vick ever was. He's legit, that kid.

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really

https://www.washingtonpost.com/news...-hit-me-like-that-again-youll-know-something/

nah, I think hes going to disapear, no common sense. Really can you see Brady doing this ? Hes a loser. and the superman stuff is high school mentality.

pherein said:

really

https://www.washingtonpost.com/news...-hit-me-like-that-again-youll-know-something/

nah, I think hes going to disapear, no common sense. Really can you see Brady doing this ? Hes a loser

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A week ago, that would've seemed like a much bigger deal to me, but Geno 911 changed everything.

A QB who just signed massive new deal getting into TC fight is dumb--they both had to know that Norman had no option to actually hit him--but it's not getting-your-jaw-smashed-by-a-teammate-over-$600 dumb.

BradyFTW! said:

A week ago, that would've seemed like a much bigger deal to me, but Geno 911 changed everything.

A QB who just signed massive new deal getting into TC fight is dumb--they both had to know that Norman had no option to actually hit him--but it's not getting-your-jaw-smashed-by-a-teammate-over-$600 dumb.

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agreed, but there both dumb

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

"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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Maybe it's just me, but when I see someone who claims to be a professional writer but who makes basic errors in grammar and spelling, then I tend to attach little value to whatever drivel they may be writing. I believe it demonstrates a lack of professionalism and care in what they do for a living as I would an engineer who has to use a calculator for simple sums.

pherein said:

Vaccaro still has the intesity I think our coaching is lacking, hes still could be great.

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And I think that's the Saints biggest problem though is the coaching on defense. IMO Rob Ryan needs to go

SEA_Pat said:

Maybe it's just me, but when I see someone who claims to be a professional writer but who makes basic errors in grammar and spelling, then I tend to attach little value to whatever drivel they may be writing. I believe it demonstrates a lack of professionalism and care in what they do for a living as I would an engineer who has to use a calculator for simple sums.

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Yes, I noticed that too. Reading Borges when he wasn't subbed by the Globe told you all you needed to know.

Daniel Wallach ‏@WALLACHLEGAL 23m23 minutes ago
Better argument for Brady? CA2: Arbitrator fails to draw from CBA “essence” when he bases award on policy outside CBA



Daniel Wallach ‏@WALLACHLEGAL 3m3 minutes ago
Brady's "no notice" argument (relying on prior cases) is better this way: award based on non-CBA policies fails to draw from essence of CBA

fumbrunner said:

Interesting tweet. For those following the case closely, the NFL failed to identify any CA2 precedence in their filing. Potentially a huge error if there was a CA2 precedence that supports the NFLPA stance. Well, here it is. Remember, the NFLPA is stating that the award is being drawn from the Competitive Integrity Policy, not under the CBA

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When writing a brief, you typically go with Supreme Court cases then Circuit Court (district court cases are generally of value only if (1) the particular judge issued a decision or (2) there is nothing else). If the highest court has answered the question, then it is "game over" on the legal argument.

The "essence of the collective bargaining agreement" phrase begs the question what has that particular phrase been defined to mean? These briefs are not lengthy, so I expect the brief writer did not want to get too far into the weeds if the argument is not exceedingly helpful to the cause.

If the argument is foreclosed by precedent (frivolous), then it is unethical to file the brief. Here, the NFL appears to be arguing broad-stroke Supreme Court precedent require the district court to confirm the award.

Daniel Wallach ‏@WALLACHLEGAL 4m4 minutes ago
Somebody on Reddit (nkistner) took the "essence" of my tweet and said it even better (140 character is a challenge): https://www.reddit.com/r/Patriots/comments/3h63is/daniel_wallach_on_twitter_is_this_the_winner_for/?utm_medium=twitter&utm_source=twitterfeed

Also from said reddit post:

Here is the evidence that the NFL punished based on the Competitive Integrity Policy (I'm sure 95% of people have seen these things). From Page 1 of the Wells Report: http://i.imgur.com/7fCqkJE.png

Proof that Brady's punishment was based entirely on the Ted Wells report. Page 244 of Brady transcripts:http://i.imgur.com/vCjgfQu.png

Here's the proof that the Competitive Integrity Policy doesn't apply to players considering they don't even get the Game Day Operations Manual. From Page 251-252 of Brady transcript: http://i.imgur.com/uaKmIR2.png

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https://www.reddit.com/r/Patriots/c...ach_on_twitter_is_this_the_winner_for/cu4vm8u