Extensive 8/19 hearing break down @wallachlegal

ThatllMoveTheChains!!! · Aug 23, 2015

RelocatedPatFan said:
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.

You'd hope a judge would be.

patfanken · Aug 23, 2015

BradyFTW! said:
Damn, Wallach is adamantly certain that Brady's winning.

This is what I've been saying for a while now. Berman would look very hypocritical at this point if he ruled any other way. Nor do I think he's really looking for the 2 parties to settle at this point. What motivation would Brady have after reading this transcript? In fact what reputable lawyer would suggest to Brady he settle after reading te transcripts. It would be tantamount to malpractice.

I think it should be clear now that the narcissistic egomaniacs in the NFL's front office have decided to fold their tent and move on. They intend to take their case to the court of appeals and hope for a more lenient forum. Evidently a forum that won;t look at the evidence I guess. In other words the NFL's front office is so disillusion that, even with unlimited resources, they will end up taking legal advice from Lenard Munson.

raduray · Aug 23, 2015

RelocatedPatFan said:
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.

ThatllMoveTheChains!!! said:
You'd hope a judge would be.

That's a big incentive for the NFLPA not to settle. If Brady settles or NFL wins, Goodell power remains status quo. If NFL loses, big win for NFLPA.

1960Pats · Aug 23, 2015

patfanken said:
This is what I've been saying for a while now. Berman would look very hypocritical at this point if he ruled any other way. Nor do I think he's really looking for the 2 parties to settle at this point. What motivation would Brady have after reading this transcript? In fact what reputable lawyer would suggest to Brady he settle after reading te transcripts. It would be tantamount to malpractice.

I think it should be clear now that the narcissistic egomaniacs in the NFL's front office have decided to fold their tent and move on. They intend to take their case to the court of appeals and hope for a more lenient forum. Evidently a forum that won;t look at the evidence I guess. In other words the NFL's front office is so disillusion that, even with unlimited resources, they will end up taking legal advice from Lenard Munson.

Munson and the NYJFL are a perfect fit.

NE_Zealot · Aug 23, 2015

The only thing I worry about is this:

Berman does seem to be wholly critical of the NFL and maybe only slightly critical of Tom.

I do buy into the notion that Berman is forcing the NFL to settle. But it could be because he would have to uphold the CBA and Goofell's authority because it was agreed upon by the league and players, hence the 4-game ban would stand.

I'm hoping for the best but I'm not buying my Kessler Pats jersey yet.

SVN · Aug 23, 2015

One subtle thing in the aug 19th hearing , kessler notes that wells and his firm were paid to be there at the appeal and it shows evidently shows partiality. If you read the transcripts from the appeal ,kessler explictly asks wells if he is being billed/paid for his presence and how much.
Nice bait and switch!

MagicMarker · Aug 23, 2015

raduray said:
That's a big incentive for the NFLPA not to settle. If Brady settles or NFL wins, Goodell power remains status quo. If NFL loses, bit win for NFLPA.

There's still a big incentive for Brady to settle.

If he settles, it's over. Otherwise, he's looking at a rehearing, or maybe an appeal. Lots of stress and uncertainty. He puts it behind him.

The NFL is just pushing the envelope, so I think they just plan on appealing if they lose. The only thing Berman could tell them that might get them to settle is he's going to agree with the Missouri court that said the commissioner can NEVER be impartial, since he's employed by the owners and will override that part of the CBA.

RIpats88 · Aug 23, 2015

NE_Zealot said:
The only thing I worry about is this:

Berman does seem to be wholly critical of the NFL and maybe only slightly critical of Tom.

I do buy into the notion that Berman is forcing the NFL to settle. But it could be because he would have to uphold the CBA and Goofell's authority because it was agreed upon by the league and players, hence the 4-game ban would stand.

I'm hoping for the best but I'm not buying my Kessler Pats jersey yet.

I wish people would stop touting this like article 46 is some magic wand. Its already been blown out of the water in the past in court.

It has been in existence since the 60s....but only goodell seems to have abused it to give himself more power

raduray · Aug 23, 2015

MagicMarker said:
There's still a big incentive for Brady to settle.

If he settles, it's over. Otherwise, he's looking at a rehearing, or maybe an appeal. Lots of stress and uncertainty. He puts it behind him.

The NFL is just pushing the envelope, so I think they just plan on appealing if they lose. The only thing Berman could tell them that might get them to settle is he's going to agree with the Missouri court that said the commissioner can NEVER be impartial, since he's employed by the owners and will override that part of the CBA.

Depending on Berman's ruling, there may not be a re-hearing of the appeal. For example, if Berman finds lack of notice, that is irreparable and there would not be a re-hearing. There are other permutations depending on how the ruling is written, including a re-hearing by a neutral arbiter. If Berman doesn't want it to go back to RG for a re-hearing, he can draft his ruling to prevent that.

As for a Berman ruling surviving appeal, if Berman is at all competent in the drafting of his opinion, the chances of his being overturned are minimal, so that shouldn't be too much of a concern.

raduray · Aug 23, 2015

NE_Zealot said:
The only thing I worry about is this:

Berman does seem to be wholly critical of the NFL and maybe only slightly critical of Tom.

I do buy into the notion that Berman is forcing the NFL to settle. But it could be because he would have to uphold the CBA and Goofell's authority because it was agreed upon by the league and players, hence the 4-game ban would stand.

I'm hoping for the best but I'm not buying my Kessler Pats jersey yet.

I refer you to post #11 of this thread.

NE_Zealot · Aug 23, 2015

RIpats88 said:
I wish people would stop touting this like article 46 is some magic wand. Its already been blown out of the water in the past in court.

It has been in existence since the 60s....but only goodell seems to have abused it to give himself more power

I'm not disagreeing about article 46. All I'm saying is that the CBA was agreed to by both parties and Berman will keep that in mind. I totally agree that Goody has abused his position.

VectorPrime · Aug 23, 2015

The NFLPA rightly expected that article 46 would be used in good faith like over the past 50 years. They didn't agree to what Goodel is doing with it.

BradyFTW! · Aug 23, 2015

MagicMarker said:
There's still a big incentive for Brady to settle.

If he settles, it's over. Otherwise, he's looking at a rehearing, or maybe an appeal. Lots of stress and uncertainty. He puts it behind him.

The NFL is just pushing the envelope, so I think they just plan on appealing if they lose. The only thing Berman could tell them that might get them to settle is he's going to agree with the Missouri court that said the commissioner can NEVER be impartial, since he's employed by the owners and will override that part of the CBA.

Kessler did make an argument that, if the notice was defective, the NFL can't cure that so there can be no re arbitration since they're collaterally estopped from arguing that notice isnt required.

No idea if Berman will agree, but if so it's possible that Brady can get s ruling in his favor that would prohibit rearbitration. There would still be an appeal though.

NE_Zealot · Aug 23, 2015

The other thing that blows is our opinions mean nothing at the end of the day. Only Richard Berman's does.

RelocatedPatFan · Aug 23, 2015

NE_Zealot said:
The other thing that blows is our opinions mean nothing at the end of the day. Only Richard Berman's does.

Be thankful. If it went to a popular opinion vote, Brady would have been kicked out of the NFL, never to return.

Hoodie · Aug 23, 2015

Reading Wallach's feed last night it was interesting to see Borges and Hubbach try to argue with his conclusions.

Hoodie · Aug 23, 2015

NE_Zealot said:
The only thing I worry about is this:

Berman does seem to be wholly critical of the NFL and maybe only slightly critical of Tom.

I do buy into the notion that Berman is forcing the NFL to settle. But it could be because he would have to uphold the CBA and Goofell's authority because it was agreed upon by the league and players, hence the 4-game ban would stand.

I'm hoping for the best but I'm not buying my Kessler Pats jersey yet.

I totally get the pessimism, I'm inclined that way myself, but I think Berman wants them to settle so that the case doesn't spend two years in appeals. If they settle, it's done but no matter who he rules for the case will drag on. Later in his feed, Wallach speculates which of the 4 Brady points is less appeal-able for the NFL.

NE_Zealot · Aug 23, 2015

Wish I could use a time machine to go 20 or so years into the future to feel the public opinion pulse on Brady. Then I would go back to Jan. 18 with a T-101 to find Kensil. The machines decided our fate in a micro-second!

raduray · Aug 23, 2015

Good Daniel Wallach interview. One interesting point: After so thoroughly demolishing the NFL in the hearings, Berman would look foolish if it turns out he rules for the NFL.

Daniel Wallach@WALLACHLEGAL
AUDIO: My interview on CBS Sports Radio tonight with @getnickwright & predicting what Judge Berman will do in Brady cbsprt.co/1PtYn5B

BradyFTW! · Aug 23, 2015

Volin is really desperate to put a negative spin on this:

https://twitter.com/BenVolin/status/635450203361931264

Extensive 8/19 hearing break down @wallachlegal

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