Extensive 8/19 hearing break down @wallachlegal

raduray · Aug 22, 2015

BradyFTW! said:
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.

This is what Curran was talking about:
http://www.csnne.com/new-england-patriots/for-judge-berman-vacating-nfl-ruling-may-be-easier-road

juny · Aug 22, 2015

Wallach: How can you read this transcript and not come away thinking Brady has already won? Berman is not playing devil's advocate here. He means it.

eom · Aug 22, 2015

Daniel Wallach ‏@WALLACHLEGAL 12m12 minutes ago Hallandale Beach, FL

Berman must be thinking that if he vacates (w/o finding of evident partiality), it just kicks back to Goodell, and we're soon back in fed ct

neuronet · Aug 22, 2015

eom said:
Daniel Wallach ‏@WALLACHLEGAL 12m12 minutes ago Hallandale Beach, FL

Berman must be thinking that if he vacates (w/o finding of evident partiality), it just kicks back to Goodell, and we're soon back in fed ct

Why would he not find evident partiality? Isn't there self-evidently evident partiality?

eom · Aug 23, 2015

Jimmy Golen ‏@jgolen 9m9 minutes ago

@WALLACHLEGAL then what? Back to NFL/Goodell for a proper arbitration? Or what?

Daniel Wallach ‏@WALLACHLEGAL 9m9 minutes ago Aventura, FL

@jgolen depends on whether Berman finds evident partiality. If yes, then to new arbitrator. If no, then back to RG

Gabe Feldman ‏@SportsLawGuy 2m2 minutes ago

@WALLACHLEGAL @jgolen Kessler also argued if Berman rules notice was defective (for both coop&deflation),case over& Brady can't be punished

SVN · Aug 23, 2015

Mack Herron said:
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)

I will wait for the judge to say this. Thanks. No one can predict what happens in the court and what is happening behind the scenes. People want to read what they want to read. Hard to gauge in a transcript when a judge says "i got it" means he is saying it in a pissed off tone vs he just accepted what nash offered as explanations.

eom · Aug 23, 2015

MagicMarker · Aug 23, 2015

The NFL believes, well, they believe what Lester Munson says -- that they've got this in the bag.

It's interesting to think about this...Judge Berman has talked to both parties, so they've been given both some idea what he's thinking. Brady flew down on Tuesday thinking there was a settlement. Then, it didn't happen. After that, they said they didn't want Mara involved. Is Roger getting pulled from multiple directions?

It feels like the NFL thinks they can wait this out and win. Berman still thinks there is hope because he scheduled another court date. He must have something he thinks will force the NFL to settle.

I just wish we didn't have to wait 9 more days.

eom · Aug 23, 2015

GrogansArmy · Aug 23, 2015

Gronkowski123 said:
nice to hear but nothing has gone our way during this crap.

Actually, ever since Berman released the appeals hearing transcript to the public its all gone our way. Prior to that I agree with you - nothing had gone our way. But that was when the NFL controlled the story through false leaks to their paid media outlets. Now its in the hands of a federal judge who seems to be leaning heavily towards Brady.

eom · Aug 23, 2015

BradyFTW! · Aug 23, 2015

Wallach's twitter feed has me feeling borderline confident. Going to have to talk myself back down to a healthy level of pessimism.

supafly · Aug 23, 2015

MagicMarker said:
I just wish we didn't have to wait 9 more days.

Aside from another court appearance, what do you think will happen in 9 days?

Berman claimed last week that he would "do his best, but it was a very quick turnaround" in terms of ruling by the requested Sept.4th deadline. If people are getting their hopes up for Aug.31st, they may be in for a letdown.

SVN · Aug 23, 2015

eom said:

Nash offered an explanation that this was a release before the scope of the investigation and that wells clarified this during his angry press conference. So not sure how much that explanation holds for the judge.

adam941 · Aug 23, 2015

SVN said:
Nash offered an explanation that this was a release before the scope of the investigation and that wells clarified this during his angry press conference. So not sure how much that explanation holds for the judge.

I don't know how much the judge will rely on the press release, but the NFL/Wells did testify in the appeals hearing that Pash did review and possibly edit the report. Any edits made were unknown according to testimony so the only way to determine what he did was to have Pash testify. I think that's what the judge hangs his hat on.

smurfalarm · Aug 23, 2015

BradyFTW! said:
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.

Nash literally argued this. It's not even an exaggeration. He said that as long as the commissioner believes at his discretion there has been an integrity of the game violation and as long as the commissioner affirms at his discretion that the violation occurred and the original decision was fair on appeal then he is allowed to banish any player from the NFL for life at his discretion and the court is not even allowed to review it.

I had to parse through the assertion twice before I believed it, but it's seriously there. Bizarre.

RelocatedPatFan · Aug 23, 2015

I know everyone should be measured on their expectations.

IF the NFL wins, don't you think every business in America will want to have an employee union/CBA with a similar section 46 and the CEO acting as arbitrator? How lopsided does a process have to get before the juducial system would say enough is enough.

And we've heard Berman asking about the evidence and everyone who follows the case knows Judge Berman can't retry the facts of the case. Was it just a matter of finding the weak link in the NFL case or really just assessing what Goodell the Commission put in play to see how Goodell the arbitrator stepped back and applied "fair an equitable" judgement to the situation?

It doesn't seem the NFL has even attempted to defend the case other than to tell the Judge that he has no authority to rule against and can only rule in favor or because the CBA gives Goodell the power to do ANYTHING (with bias).

ThatllMoveTheChains!!! · Aug 23, 2015

RelocatedPatFan said:
I know everyone should be measured on their expectations.

IF the NFL wins, don't you think every business in America will want to have an employee union/CBA with a similar section 46 and the CEO acting as arbitrator? How lopsided does a process have to get before the juducial system would say enough is enough.

And we've heard Berman asking about the evidence and everyone who follows the case knows Judge Berman can't retry the facts of the case. Was it just a matter of finding the weak link in the NFL case or really just assessing what Goodell the Commission put in play to see how Goodell the arbitrator stepped back and applied "fair an equitable" judgement to the situation?

It doesn't seem the NFL has even attempted to defend the case other than to tell the Judge that he has no authority to rule against and can only rule in favor or because the CBA gives Goodell the power to do ANYTHING (with bias).

And after this you have to imagine even the NFLPA won't be stupid enough to let something like this be in the next CBA.

RelocatedPatFan · Aug 23, 2015

ThatllMoveTheChains!!! said:
And after this you have to imagine even the NFLPA won't be stupid enough to let something like this be in the next CBA.

I believe the only difference, at play, is commission as arbitrator. But, that's a biggie.

Also, the NFL seems to be doing it's best to get a ruling that Goodell can effectively "do what he wants" with the thinking, he only needs t o win once and can forver point to that case being the one to build from. Berman seems smart enough to see this.

raduray · Aug 23, 2015

Per Ben Volin (MCI has his uses sometimes), here's the list of the 18 arbitrations overturned by Southern NY District Court that Kessler gave Berman.
https://drive.google.com/file/d/0B26tbS8G3XI9eFN0ZzdxTU5ITjQ/view

Reasons for overturning include evident partiality, fundamental fairness, essence of the agreement and exceeds authority.

Extensive 8/19 hearing break down @wallachlegal

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