August 19th hearing transcript now available

Deus Irae said:

...

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That's... pretty damning, I have to think. The best possible reading of that is that Wells doesn't know the extent of Pash's involvement, which means Goodell certainly doesn't, which means Goodell has no basis whatsoever to conclude that he "didn't do anything".

DaBruinz said:

I think you mean PASH, not NASH.

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Nope! It is Daniel Nash, not Jeff Pash. But I don't blame you for getting that confused. It is hard to tell one idiot NFL lawyer from the other. They all look like idiots when they have to speak in public.

BradyFTW! said:

That's... pretty damning, I have to think. The best possible reading of that is that Wells doesn't know the extent of Pash's involvement, which means Goodell certainly doesn't, which means Goodell has no basis whatsoever to conclude that he "didn't do anything".

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Yeah, the appellate portion of this is about as clear as can be, and the NFL's counsel isn't even trying to hide its position. It really boils down to one question:

"Yes, everyone in the world can see that the fix was in, and everyone can see that Brady got hosed by a ridiculously flawed process in which the Commissioner clearly acted in a manner he should not have acted. BUT, just how flawed is flawed enough for a vacated award to remain vacated upon appeal, and just how rogue can an arbitrator go?

Deus Irae said:

Yeah, the appellate portion of this is about as clear as can be, and the NFL's counsel isn't even trying to hide its position. It really boils down to one question:

"Yes, everyone in the world can see that the fix was in, and everyone can see that Brady got hosed by a ridiculously flawed process in which the Commissioner clearly acted in a manner he should not have acted. BUT, just how flawed is flawed enough for a vacated award to remain vacated upon appeal, and just how rogue can an arbitrator go?

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I think the ruling of this case will set one hell of a precedent, either way.

Deus Irae said:

Yeah, the appellate portion of this is about as clear as can be, and the NFL's counsel isn't even trying to hide its position. It really boils down to one question:

"Yes, everyone in the world can see that the fix was in, and everyone can see that Brady got hosed by a ridiculously flawed process in which the Commissioner clearly acted in a manner he should not have acted. BUT, just how flawed is flawed enough for a vacated award to remain vacated upon appeal, and just how rogue can an arbitrator go?

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If Brady loses here, I think we're looking at a prolonged work stoppage in the not-too-distant future. An NFL win here would have to make removing commissioner from arbitration the #1 priority for the NFLPA.

BradyFTW! said:

If Brady loses here, I think we're looking at a prolonged work stoppage in the not-too-distant future. An NFL win here would have to make removing commissioner from arbitration the #1 priority for the NFLPA.

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Unfortunately, I have to disagree with you, and I wish I weren't doing so. I think we saw during the CBA negotiations that the players have neither the brains nor the balls to follow through.

Ross12 said:

I think the ruling of this case will set one hell of a precedent, either way.

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I said in an earlier thread that this case has legit national implications, and I see no reason to change that take. We're really looking at a commissioner who's trying to set himself up, literally, as judge, jury and (job) executioner, and the federal courts just might allow him to do exactly that. If that happens, look for more companies to try setting this up, and more people/companies refusing to use arbitrators.

It is beyond belief that it has come to this : I know maybe not everyone is putting 100% faith in this judge to vacate this crazy punishment - but I am glad he actually got the true words out to the public. Unsealing the appeals hearing notes is the thing that got many more people to see what kind of "logic" the NFL used to arrive at its conclusions...

Deus Irae said:

I said in an earlier thread that this case has legit national implications, and I see no reason to change that take. We're really looking at a commissioner who's trying to set himself up, literally, as judge, jury and (job) executioner, and the federal courts just might allow him to do exactly that. If that happens, look for more companies to try setting this up, and more people/companies refusing to use arbitrators.

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I severely dislike the topic of this post, but I like the wording. The ratings system on this board can prove perplexing sometimes...

Bobsyouruncle said:

https://s3.amazonaws.com/s3.documentcloud.org/documents/2291304/deflategate-hearing-transcript.pdf

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Thanks from here Bob also.

I'm only part way through it right now, but I wanted to take the time to let everyone know what a great read this is. It almost makes me wish I had applied myself more when I was younger and became a lawyer. Almost.

I like the way Kessler blends in his factual arguments with his pointed arguments directed at his opponents own words or actions. He's pretty convincing, but then again this really is an easy case if you look at the facts.

1960Pats said:

Thanks from here Bob also.

I'm only part way through it right now, but I wanted to take the time to let everyone know what a great read this is. It almost makes me wish I had applied myself more when I was younger and became a lawyer. Almost.

I like the way Kessler blends in his factual arguments with his pointed arguments directed at his opponents own words or actions. He's pretty convincing, but then again this really is an easy case if you look at the facts.

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No problem, but why did you dislike the post? I suspect thick fingers.

pdangle said:

Reportedly, a portion of Brady's appeal testimony statement was read into record. Has anyone seen this, or mention of it, in the transcript? I couldn't find it, but only skimmed the 2nd half.

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I haven't seen anything yet. When I resume reading it I'll check it out.

Bobsyouruncle said:

No problem, but why did you dislike the post? I suspect thick fingers.

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I didn't mean to. Thick but short fingers.

Let me finish reading and I'll get back to you.

I wish I had some popcorn while reading that!

It seemed the Judge reconfirmed almost everything Kessler said and disputed almost every point that Nash made.

This was a favorite from Kessler:

THE COURT: In leaving this for last, do you think it's of less significance?
MR. KESSLER: No, it's just that I have to order them somehow, and I debated all night which order to use. So you could put this one first because we win on any one of them.

Rob0729 said:

Nope! It is Daniel Nash, not Jeff Pash. But I don't blame you for getting that confused. It is hard to tell one idiot NFL lawyer from the other. They all look like idiots when they have to speak in piblic.

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Just call them the ASH hole twins.

1960Pats said:

I haven't seen anything yet. When I resume reading it I'll check it out.

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Page 80

Thought these were interesting...

Michael McCann‏@McCannSportsLaw
Brady v. NFL transcript makes one thing clear: NFL's case is hurt by too many policies & standards. Still unclear which apply to Tom Brady.

brian flanagan ‏@soxoct27 19m19 minutes ago
@McCannSportsLaw meaning they can't easily say which one Brady applies to as precedent?

Michael McCann ‏@McCannSportsLaw 17m17 minutes ago
@soxoct27 Exactly. The judge to me sounds confused as to what's the basis for which the NFL punished Brady. Was it CBA? Was it Wells Report?

Scott E. Parks ‏@scott_e_parks 16m16 minutes ago
@McCannSportsLaw opposite? No policies/standards? Making up everything on Brady. @nflcommish is a disgrace

Michael McCann ‏@McCannSportsLaw 14m14 minutes ago
@scott_e_parks Good question. Not sure which is worse: making up rules or citing every possible rule that could apply and hope one sticks.

Michael McCann ‏@McCannSportsLaw 11m11 minutes ago
@soxoct27 I think the judge senses that a settlement is very unlikely at this stage and he issues a decision on Sept. 4, maybe days earlier.

pdangle said:

Reportedly, a portion of Brady's appeal testimony statement was read into record. Has anyone seen this, or mention of it, in the transcript? I couldn't find it, but only skimmed the 2nd half.

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