Yahoo's Charles Johnson tonight on NBC Sports Radio

MagicMarker · Aug 24, 2015

I happened to hear Charles Johnson from Yahoo tonight on NBC Sports Radio.

The lawyers he talked to seem to think Judge Berman doesn't want to set precedent either way. He said if he rules for the NFL that will vastly increase their power and if he rules for Brady every case will come to court. He predicts he will ask for a re-appeal with instructions to include Pash and some of the notes included. Also, Goodell won't get to re-hear it, but an independent person will be appointed to here it.

I would certainly take that. Virtually everyone who has followed everything in this case closely moves toward Brady's side. Also, if more information is released, it seems there could be more NFL lies released.

Also, this is the ONLY way I can see of the Patriots getting their picks back. An appeal ruling that thoroughly lambasts the NFL for having no evidence and lying could cause enough public pressure to return the picks.

GrogansArmy · Aug 24, 2015

I would be fine with that as long as the "independent person" is truly "independent" and not paid off by Goodell and the other 31 flunkies. Make that 32.

QuantumMechanic · Aug 24, 2015

MagicMarker said:
could cause enough public pressure to return the picks.

HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!

(Don't get me wrong -- I would love for that to happen. But that's some fine weed you're smoking if you think public opinion will ever turn even remotely that pro-NE. Plus, our sackless, gutless owner already gave the NFL the ammo it needs to shoot down any nascent rumblings of opinion going in that direction.)

supafly · Aug 24, 2015

Buckle in, because I think we're a long way from this being over--either way.

For the record, I chose Charles Johnson's same reasoning in @QuantumMechanic's poll on what would happen a week or two ago.

QuantumMechanic · Aug 24, 2015

MagicMarker said:
The lawyers he talked to seem to think Judge Berman doesn't want to set precedent either way. He said if he rules for the NFL that will vastly increase their power and if he rules for Brady every case will come to court. He predicts he will ask for a re-appeal with instructions to include Pash and some of the notes included. Also, Goodell won't get to re-hear it, but an independent person will be appointed to here it.

That is "rul[ing] for Brady". To order re-arbitration Berman has to vacate Goodell-as-arbitrator's award. If he does that, that act itself will be setting a precedent since he will be putting on record that at least one federal court district believes Article 46 is not the be-all-end-all the NFL claims it is.

Dr Pain · Aug 24, 2015

My gut feel was he was initially beating on the NFL to get them to settle but the more he sees the more he realizes that this was a complete set up. My guess is he rules against the NFL citing only that they withheld Pash but he roasts them far beyond this in the write up. NFL loses appeal on that ruling.

raduray · Aug 24, 2015

MagicMarker said:
I happened to hear Charles Johnson from Yahoo tonight on NBC Sports Radio.

The lawyers he talked to seem to think Judge Berman doesn't want to set precedent either way. He said if he rules for the NFL that will vastly increase their power and if he rules for Brady every case will come to court. He predicts he will ask for a re-appeal with instructions to include Pash and some of the notes included. Also, Goodell won't get to re-hear it, but an independent person will be appointed to here it.

I would certainly take that. Virtually everyone who has followed everything in this case closely moves toward Brady's side. Also, if more information is released, it seems there could be more NFL lies released.

Also, this is the ONLY way I can see of the Patriots getting their picks back. An appeal ruling that thoroughly lambasts the NFL for having no evidence and lying could cause enough public pressure to return the picks.

But if Berman sends it back for arbitration with a neutral arbiter (and I'm OK with that), that would also be a precedent and all future NFL section 46 discipline victims will seek to go to court in order to get a neutral arbiter.

Deus Irae · Aug 24, 2015

raduray said:
But if Berman sends it back for arbitration with a neutral arbiter (and I'm OK with that), that would also be a precedent and all future NFL section 46 discipline victims will seek to go to court in order to get a neutral arbiter.

No, the NFL will, eventually, get one right, and the NFLPA will get slapped down. Either that, or (chuckle) both sides will smarten up and come up with a better system.

ctpatsfan77 · Aug 24, 2015

QuantumMechanic said:
That is "rul[ing] for Brady". To order re-arbitration Berman has to vacate Goodell-as-arbitrator's award. If he does that, that act itself will be setting a precedent since he will be putting on record that at least one federal court district believes Article 46 is not the be-all-end-all the NFL claims it is.

I think the point is that, as Kessler noted in his arguments, if Berman rules that there was a defect in providing notice to Brady, that fundamentally poisons the NFL's case to the point that he can't even order a re-arbitration, and must simply dismiss it altogether.

If he doesn't want to create that sort of precedent, he could kick it back to re-arbitration on the Pash process issue.

Patriot Missile · Aug 24, 2015

This whole thing is ****ing nuts.

The prosecution case to convict Aaron Hernandez of murder was 462,000 dollars

The cost for the NFL to investigate (prosecute) Brady of psi(air) is around 10,000,000 dollars and counting.

Think about that. The more I do the more offended I become and the closer I am to leaving this **** league in the dust.

Part of our ticket and merchandise sales went to this so called investigation.

patman52 · Aug 24, 2015

Dr Pain said:
My gut feel was he was initially beating on the NFL to get them to settle but the more he sees the more he realizes that this was a complete set up. My guess is he rules against the NFL citing only that they withheld Pash but he roasts them far beyond this in the write up. NFL loses appeal on that ruling.

I think this the most likely scenario also. It will have the effect as leaving Goodel as final arbiter in the future, but only if he acts "fairly"

RobertWeathers · Aug 24, 2015

MagicMarker said:
I happened to hear Charles Johnson from Yahoo tonight on NBC Sports Radio.

The lawyers he talked to seem to think Judge Berman doesn't want to set precedent either way. He said if he rules for the NFL that will vastly increase their power and if he rules for Brady every case will come to court. He predicts he will ask for a re-appeal with instructions to include Pash and some of the notes included. Also, Goodell won't get to re-hear it, but an independent person will be appointed to here it.

I would certainly take that. Virtually everyone who has followed everything in this case closely moves toward Brady's side. Also, if more information is released, it seems there could be more NFL lies released.

Also, this is the ONLY way I can see of the Patriots getting their picks back. An appeal ruling that thoroughly lambasts the NFL for having no evidence and lying could cause enough public pressure to return the picks.

Good take on the potential scenario.

My preference would be for Berman to continue to shred the NFL and vacate the suspension. Not sure that helps get the Pats' picks back.

Why have this go to yet another process?

neuronet · Aug 24, 2015

MagicMarker said:
He predicts he will ask for a re-appeal with instructions to include Pash and some of the notes included. Also, Goodell won't get to re-hear it, but an independent person will be appointed to here it.

My understanding is Berman has three options:
1) Uphold
2) Overturn
3) Overturn and send back to neutral arbiter

So you are saying option 3, basically?

BTTA · Aug 24, 2015

ctpatsfan77 said:
I think the point is that, as Kessler noted in his arguments, if Berman rules that there was a defect in providing notice to Brady, that fundamentally poisons the NFL's case to the point that he can't even order a re-arbitration, and must simply dismiss it altogether.

If he doesn't want to create that sort of precedent, he could kick it back to re-arbitration on the Pash process issue.

So what about this, gang? If Berman goes with the Pash process issue as a reason to re-arbitrate, isn't he avoiding the issue of the lack of notice to Brady, and thus giving the NFL a victory on that issue? And wouldn't that just be the easy way out for him?

h0c2000 · Aug 24, 2015

neuronet said:
My understanding is Berman has three options:
1) Uphold
2) Overturn
3) Overturn and send back to neutral arbiter

So you are saying option 3, basically?

Legally, he could also uphold but modify the award. That's probably the longest stretch of them all.

PatsWickedPissah · Aug 24, 2015

Patriot Missile said:
The cost for the NFL to investigate (prosecute) Brady of psi(air) is around 10,000,000 dollars and counting.

Think about that. The more I do the more offended I become and the closer I am to leaving this **** league in the dust.

Part of our ticket and merchandise sales went to this so called investigation.

Gosh, I wonder if there is something concerned folks could actually DO about that?

Yahoo's Charles Johnson tonight on NBC Sports Radio

MagicMarker

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GrogansArmy

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QuantumMechanic

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supafly

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QuantumMechanic

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Dr Pain

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Patriot Missile

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