Extensive 8/19 hearing break down @wallachlegal

Fascinating and extensive analysis. Best to start with first post yesterday evening.
https://twitter.com/WALLACHLEGAL

For reference, this is the starting tweet.

Daniel Wallach ‏@WALLACHLEGAL 21h21 hours ago
I have a full print-out of the transcript in Brady vs. NFL, and will post highlights later tonight (and screenshots where possible)

Click to expand...

Similarly https://twitter.com/IanPGunn/with_replies, recommended by Wallach.

They have both done a great job with this.

First I've heard of an Apex doctrine. btw

https://twitter.com/IanPGunn/status/635170602064719872

Berman clearly in disagreement w/ Nash on a number of issues. This is more than just pushing for settlement or playing devil's advocate.

Click to expand...

Gunn has a tweet suggesting that Berman beating up Kessler over the cell phone is an attempt to find grounds for settlement, even though he interprets little else of the hearing in that way.

I thought Kessler's point that an arbitration only grants arbitrator authority to address the thing(s) being appealed was interesting. All Brady appealed was whether or not Vincent discipline was proper, so that was all arbitrator was supposed to decide.

QuantumMechanic said:

I thought Kessler's point that an arbitration only grants arbitrator authority to address the thing(s) being appealed was interesting. All Brady appealed was whether or not Vincent discipline was proper, so that was all arbitrator was supposed to decide.

Click to expand...

There are several areas where Goodell went beyond Wells and Vincent:

• from generally aware to leader of conspiracy,
• from violation of competitive integrity policy (not distributed to players) to personal conduct policy (PED equivalence).
• other?

The "generally aware" to "scheme" and "particiation" is what Berman referred to as the "Quantum Leap"

Also, why didn't Kessler pound on Goodell's misrepresentation of appeal testimony? To me, that would have been evidence of Goodell's partiality.

According to Tanguay Article 46 gives Gödel the power to execute Brady if he wishes to do so.

Thank Jah Gödel is such a reasonable man.

Nice job ....

sometimes I wonder if Goodell and company are mimicking charging Brady under the RICO statute.

I am remaining hopeful until Berman rules otherwise.

Very well done. Looking forward to Wallach's reading of the Nash section.

Baghdad Les, take notice.

Daniel Wallach ‏@WALLACHLEGAL 10h10 hours ago
CA2: "The great deference [that is accorded to an arbitrator's decision] is not the equivalent to a grant of limitless power." (Leed case)

Click to expand...

And, it was Berman who vacated arbitator in Leed and was upheld by CA2

Fencer said:

Gunn has a tweet suggesting that Berman beating up Kessler over the cell phone is an attempt to find grounds for settlement, even though he interprets little else of the hearing in that way.

Click to expand...

I wondered if Berman was trying to salvage anything in the NFL's case. I think Berman could say the equipment punishment is vacated for notice but the cooperation punishment stands. But the NFL wouldn't separate the two when asked so the NFL has basically tied their case to needing both passing the muster on notice for anything to stand.

Bobsyouruncle said:

I wondered if Berman was trying to salvage anything in the NFL's case. I think Berman could say the equipment punishment is vacated for notice but the cooperation punishment stands. But the NFL wouldn't separate the two when asked so the NFL has basically tied their case to needing both passing the muster on notice for anything to stand.

Click to expand...

Intended or not Berman gave Kessler an opening he wanted to show contrition and start settlement talks, which Berman clearly wanted. The NFL dug in and insisted that all that matters is that Gödel can invade Mexico if he wants. Oops. Berman apparently didn't like that much. And I'm pretty much certain he didn't like the NFL rushing to his court only to inform him that he's not the really in charge of the matter, Roger has it handled.. Article 46, of course, which clearly states that Roger is the ultimate ruler of the universe.


I would really like judge Berman to ask Nash if Roger can suspend a player because he doesn't like them?

After all Article 46 gives him absolute power..........

Wallach is back on now, for those who are interested.

Legally the league is arguing that they could have kicked Brady out of the league for a year or 2, and it would be ok because the Arbitrator heard all the arguments and made his decision.

Daniel Wallach@WALLACHLEGAL
Judge Berman's heavy emphasis on Pash exclusion is telling; inability to confront and x-examine key witnesses goes to heart of "process"

Daniel Wallach@WALLACHLEGAL
It's obvious now from reading the transcript that Berman is going to rule for Brady based on the exclusion of Pash, which goes to "process"

Daniel Wallach@WALLACHLEGAL
I'm definitely taking Brady (the litigant) in my fantasy league

Daniel Wallach ‏@WALLACHLEGAL 2m2 minutes ago

Do I even have to read the remainder of the transcript? It's over. Brady is winning this (at least on the district court level)

nice to hear but nothing has gone our way during this crap.
had roger appointed a " neutral arbitrator " in the first place, this is over a few months ago...

Damn, Wallach is adamantly certain that Brady's winning.

TriplecHamp said:

Legally the league is arguing that they could have kicked Brady out of the league for a year or 2, and it would be ok because the Arbitrator heard all the arguments and made his decision.

Click to expand...

The league's argument is quite literally claiming that if Goodell didn't like someone he could declare his existence a violation of the integrity of the game and ban him for life. Then on appeal could rule that he had been right in making his initial decision, and there's nothing anyone could do about it. Wouldn't matter how absurd his reasoning was, or even if he used no reasoning at all.