Kessler's response to NFL Filing

XLIX said:

So what is after the 2nd Circuit Court of Appeals? Supreme Court?

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Exactly. You have:

• Federal district courts
• 3-judge panels of the relevant United States Circuit Court of Appeals (that's what hears appeals from district courts). Appeals are by right -- the Circuit Court cannot refuse to hear them.
• The relevant United States Circuit Court of Appeals sitting en banc (en banc is when all/many of the judges in the Circuit Court re-hear a panel decision. En banc review is discretionary and rare.
• If the 9th Circuit is involved than there is (for lack of a better term) "super-duper" en banc. The 9th Circuit has so many judges that even en banc review only involves (IIRC) around a third of them. So the 9th has a procedure for a "real" en banc review that really involves everyone (or most of them). It is discretionary and super-duper rare .
• The United States Supreme Court. Virtually all SCOTUS review is discretionary, though every now and then Congress provides by law that cases can go straight from the 3-judge Circuit Court panel right to SCOTUS and SCOTUS has to hear it. If my memory serves correctly, some internet censorship-related laws (the CDA and/or COPA) provided that any review would go from the panels straight to SCOTUS).

If you start in state court then you go from state district court up the state's appeals ladder (whatever it is), eventually to the state's supreme court. From there your only course of appeal is to SCOTUS which, again, does not have to agree to hear the appeal.

BradyFTW! said:

IIRC think the only way they can't appeal is if Berman accepts Kessler's argument that the NFL is collaterally estopped from arguing the issue of notice, since that was already decided in the NFLPA's favor in the Peterson case. Not positive how that works, though.

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I don't think so. I would think Berman's determination of the existence or not of collateral estoppel is itself reviewable. However, should a higher court (even SCOTUS) agree that collateral estoppel applies then that court (even SCOTUS) would be bound by the originally litigated decision.

yeah...all this brainiac crap is fine and dandy. There IS NO CASE. So find all the stoppels and screwedus and copa bananas you want. What WE want is FINAL JUSTICE. Goodell and gang indicted. Anything less is just a worthless exercise in legal masturbation.

Daniel Wallach retweeted
Dan Werly ‏@WerlySportsLaw 18h18 hours agoAugusta, GA
This slipped through the cracks: The NFL & NFLPA/Brady had a settlement conference w/ the Magistrate Judge yesterday: