NFL vs. Brady Federal Court Hearing (8/19) LIVE UPDATES AND TWEETS

tatepatsfan · Aug 19, 2015

I agree that Schefter was misled here, and perhaps used by the NFL a la Stephen A. Smith. But let's be fair: Schefter is among the most trustworthy of the national media members. He has typically been fair, and his reports are more often than not accurate. Let's not forget that back in January/February when nearly everyone else at ESPN and NFLN were ready to send TB12 to the gallows, Schefter was one of the few who suggested we wait and see until we can learn the truth. He is a good reporter, which is why I think many of us were troubled when we read his report this morning. Hopefully he learned not to trust this "source" again in the future.

smurfalarm · Aug 19, 2015

neuronet said:
Can someone explain please:

What is cumulative testimony?

The claim the NFL is making is that because Wells testified as to Pash's participation in the investigation and final report, Pash would have just been recounting the same information in response to questions about his own participation, and therefore there was no new information Brady and the NFLPA could have gained from questioning him and therefore the NFLPA had no cause to call Pash as a witness. Berman was apparently unimpressed with this argument.

SVN · Aug 19, 2015

Remember when Schefter said Brady was allowed only 4 hrs of testimony and the NFL refuted it only to be proven wrong ? Trusting breer, batista and other nfln reporters is hard to do. Jeff Howe reported this too so I give that more credence.

grux · Aug 19, 2015

tatepatsfan said:
I agree that Schefter was misled here, and perhaps used by the NFL a la Stephen A. Smith. But let's be fair: Schefter is among the most trustworthy of the national media members. He has typically been fair, and his reports are more often than not accurate. Let's not forget that back in January/February when nearly everyone else at ESPN and NFLN were ready to send TB12 to the gallows, Schefter was one of the few who suggested we wait and see until we can learn the truth. He is a good reporter, which is why I think many of us were troubled when we read his report this morning. Hopefully he learned not to trust this "source" again in the future.

I agree with you IF his "source" was someone not affiliated with the NFL. He should know better if he used a "source" within the NFL headquarters.

reflexblue · Aug 19, 2015

JJC said:
My offer is nothing.

That should be Bradys attitude.

JDot · Aug 19, 2015

patsinthesnow said:
@RapSheet: Per 2 sources informed of Tom Brady’s thinking, his stance hasn’t changed. Not willing to accept any suspension in settlement at this point

Why would the lead reporter of the NFL propoganda wing refute it as well? Works for me.

To be fair. Rap has not really covered the deflate thing that much. Plus he also reporter just before the SB that ESPN's PSI numbers where BS.

The Boston Patriot · Aug 19, 2015

Patsfanin Philly said:
I think/hope that the judge's line of questioning is essentially dropping hints and leaving bread crumbs for the league to follow to move on their settlement demands. Whether the league is smart enough to pick up on it or just too pig headed remains to be seen....They ( schmucks at 345 PArk Av)are used to getting their way and may be too obstinate to move in their demands despite getting slapped by Federal judges in the past...repeatedly..

They are goring to the mattresses on this because if they get slapped down on this issue they are going to look like bigger fools than they already do not to mention the diminished power of Goodell. wrt to CBA. They could give a s*** about Brady, it's the owners fighting for power over the players at this point so don't expect the imbeciles to even consider giving an inch on this until they are hung on their own petard.

reflexblue · Aug 19, 2015

IllegalContact said:
They will want this hanging off of the Pats neck all season

BB probably likes it that way, he'll use it for motivation.

n6249c · Aug 19, 2015

JDot said:
Dan Wetzel ‏@DanWetzel 3m3 minutes ago
Tweets don't do it justice but at one point Judge Berman asked Kessler to read positive Brady testimony into the record. Just one example.

That sounds to me like Judge Berman is doing two things: building a foundation in the trial record to ensure his ruling is sustained on appeal, and sending a message to the party he sees as intransigent in settlement talks.

Very encouraging!

DarrylS · Aug 19, 2015

Am beginning to wonder if the NFL is going through the motions and hoping they will get a Judge or panel of Judges with a different ruling on the next level..

Last week Berman attacked the lack of evidence and conclusions drawn from them and this week he is attacking the process and how they made up rules as they went along..

Pressure might be gathering from the other 31 to settle, as they are all running the risk of losing a significant part of the CBA that gives them a lot(too much) power..

SVN · Aug 19, 2015

http://m.nydailynews.com/sports/foo...ource=twitter.com&utm_campaign=sbrown+twitter

I wish the judge also asked why goodell lied in his appeal verdict about what brady said about his conversations with JJ .

Rob0729 · Aug 19, 2015

smurfalarm said:
The claim the NFL is making is that because Wells testified as to Pash's participation in the investigation and final report, Pash would have just been recounting the same information in response to questions about his own participation, and therefore there was no new information Brady and the NFLPA could have gained from questioning him and therefore the NFLPA had no cause to call Pash as a witness. Berman was apparently unimpressed with this argument.

But couldn't Brady claim that calling Jastremski and McNally would have been cumulative testimony too because they would just confirm everything Brady said in the appeal.

n6249c · Aug 19, 2015

SVN said:
Michael McCann ‏@McCannSportsLaw 10m10 minutes ago
Remember that the winner in Brady v. NFL must win twice: before Judge Berman and before US Court of Appeals for 2nd Circuit. Long way to go.

That may depend on how Judge Berman rules.

Say he vacates and remands for a re-hearing I front of a truly partial arbitrator. Could Judge Berman appoint the arbitrator? Say, perhaps, Magistrate Francis?

JMC00 · Aug 19, 2015

Rob0729 said:
But couldn't Brady claim that calling Jastremski and McNally would have been cumulative testimony too because they would just confirm everything Brady said in the appeal.

Well the nfl would have you believe no because Brady, Jastremski and McNally were all part of the scheme and co-conspirators to destroy the integrity of the game.

Whereas Wells and Pash were honest investigators that were just looking for the truth

Ring 6 · Aug 19, 2015

neuronet said:
Can someone explain please:

What is cumulative testimony?

It means he wouldn't have had anything to testify that wasn't testified to by Wells, who said he didn't know what Pash did when he edited, basically proving it wasn't.
Also interesting that Goodell felt Pash's testimony was cumulative but Bradys texts were not, even though he saw them on other phones.

n6249c · Aug 19, 2015

SVN said:
Stephen Brown ‏@PPVSRB 6m6 minutes ago Manhattan, NY
Berman: "I believe some arbitration awards have been vacated" because a witness was not allowed to be called without explanation.

grux said:
WOW. He dropped a grenade on the NFL with that statement.

He also introduced that into factors that would need to be considered on appeal. So he didn't just drop a grenade on them today, he planted a land mine in their path to appeal. Sweet!

n6249c · Aug 19, 2015

SVN said:
Michael McCann ‏@McCannSportsLaw 10m10 minutes ago
Remember that the winner in Brady v. NFL must win twice: before Judge Berman and before US Court of Appeals for 2nd Circuit. Long way to go.

Question for the lawyers, about appeals. Does the appellate court re-consider the arguments made in trial court, or do they just review the logic and ruling of the trial judge for errors in interpreting and applying statutory and case law?

Zeus · Aug 19, 2015

Conspicuously absent is any mention of the judge pointing out weaknesses on both sides. According to Dan, the NFL got hammered on very point.

http://sports.yahoo.com/news/deflat...crows--192153861.html?soc_src=mail&soc_trk=ma

JMC00 · Aug 19, 2015

n6249c said:
Say he vacates and remands for a re-hearing I front of a truly partial arbitrator. Could Judge Berman appoint the arbitrator? Say, perhaps, Magistrate Francis?

Pretty sure Berman can do whatever he wants in regards to that as the nfl is the one that ran to his court to try to confirm the suspension.

SVN · Aug 19, 2015

http://www.twitlonger.com/show/n_1sn9l7p

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