One lawyer's differing opinion on the recent court transcripts

raduray · Aug 26, 2015

AndyJohnson said:
But you cannot dismiss Munson's opinion. Here is why.
He will pick a side for all the wrong reasons because he is an idiot. He is as likely to be right as he is wrong because he has no clue as to what he is talking about and severely lacks critical thinking.
Look at it this way, if you went to Ethiopia and asked the first person you saw whether Brady will be found innocent or guilty, they have a 50% chance of being correct. So does Munson, because his insight is exactly the same and asking his opinion is the same as flipping a coin.

That's like telling us at 5 o'clock, that a broken clock showing 5 o'clock is correct.

BingoBrown · Aug 26, 2015

If Brady wins but has to pay a small fine I hope he pays it in pennies.

raduray · Aug 26, 2015

TommyBrady12 said:
He's active AND authorized to practice law in Illinois. you have to type his name into the following page.

https://www.iardc.org/lawyersearch.asp

He may be technically licensed, but my understanding was that he agreed not to practice law again as a condition to avoid additional sanctions. Note in your link that he does not carry malpractice insurance, which would imply that he is not practicing.

fgssand · Aug 26, 2015

neuronet said:
.[The problem is the CBA is skewed so much in favor of the commish, Berman may have to do what is morally wrong in order to do what he thinks the law requires./QUOTE]

That is exactly what I cannot get out of my head.......

TommyD4207 · Aug 26, 2015

raduray said:
He may be technically licensed, but my understanding was that he agreed not to practice law again as a condition to avoid additional sanctions. Note in your link that he does not carry malpractice insurance, which would imply that he is not practicing.

"I wasn't fired, I quit"

JoeSixPat · Aug 26, 2015

hypotherion said:
Apologies if this has been posted before.

http://www.patspulpit.com/2015/8/21/9187349/judge-bermans-awareness

I was the first to point out that judges can sometimes play devil's advocate - especially at the appellate level

But this is not the appellate level and Berman is not being coy about things "maybe" not passing muster on procedure or fairness.

Kessler provided Berman with about a dozen grounds on which to vacate without setting a precedent on any other case. Berman's general contempt of his - and all courts - times being wasted by Goodell's inability to comprehend that he DOES have to follow the CBA and effectively he DOES also have to be fair - is clear and palatable

He may not want to rule on this - but if he does I think it may be overwhelming to ensure that even if he's overturned on one point, his other 11 will stand.

And it would not shock me to see him publicly chastise Goodell - as he already has - in an effort to shame them into giving up this appeal and actually doing what will make the Courts life easier - having a fair process that he actually FOLLOWS

Read the transcripts yourself and there's no question how Berman feels about the NFL's legal accumen

Gronkowski123 · Aug 26, 2015

Patsfanin Philly said:
None of this has gone the way we expected.
We thought the Ideal Gas Law would be the end of it soon after the Colts game....not
We thought the Wells Report would be an honest effort at factfinding....not
We thought the appeal with Goodell would result in the lessening of the suspension.....not
We thought Kraft would fight for his team/GOAT/reputation....not
We thought Berman would vindicate Brady.........???

all true philly. everything has against us..
if berman upholds the suspension it would be a devastating blow.

supafly · Aug 26, 2015

Gronkowski123 said:
all true philly. everything has against us..
if berman upholds the suspension it would be a devastating blow.

Ha. We'd just have the same handful of posters talk about how "easy" winning the appeals process will be

Canuck · Aug 26, 2015

I've heard about how many arbitration cases are upheld in court and how few are overturned but I wish I knew how many cases were actually settled during the court case.

Patsfanin Philly · Aug 26, 2015

Gronkowski123 said:
all true philly. everything has against us..
if berman upholds the suspension it would be a devastating blow.

I am trying to temper my optimism with a cold dose of reality that the CBA is stacked in favor of the owners
and this is by no means a slam dunk in favor of Brady.....
If ...if..Berman rules in favor of the Management Council it will be a gut punch like Tyree's catch or Buckner's error....
Living outside of the New England area, I have to listen to the biases of the locals who get their news from either ESPN or a Patriot-hating jealous media ...On when I ask a simple question do some of them 'get it' but most are clueless. (question is- when you go out to the car in winter and it reads low tire pressure, did someone let the air out overnight or is it nature???)

Here's one potential consolation though I hope it's not needed. Big Ben was suspended for 6 games (?4) in 2010 and the Steelers still made it to the Super Bowl....

RIpats88 · Aug 26, 2015

If the cba was that much in goodells favor then the nfl wouldnt have lost 100percent of the time in court. They would have won bountygate, rice, Peterson nased on article 46

The commissioner still has to follow the cba which he hasn't in this case.

alvinnf · Aug 26, 2015

IMO, he is going to end up siding with the NFL. I hope not, but like someone else has said. He has pushed on the NFL for a settlement and they haven't blinked. I hope I am wrong, but that is what my gut says.
Lastly, if the suspension is upheld. It's a sad day. This story is just too ridiculous.

RIpats88 · Aug 26, 2015

For those who think that he will side with the nfl. On what basis? While article 46 grants the commissioner power he still has to follow the cba. He

1. Withheld information at a hearing
2. Didnt provide notice of punishment
3. Punished brady 4 games when they already bargained a punishment of a fine.

Article 46 isnt some magic wand and has lost in court before. If berman rules in the nfls favor he basically says all those judges are wrong amd the commissioner really can do whatever he wants amd rewrite punishments based on how he feels

Which is why i see him ruling in bradys favor.

TheBostonStraggler · Aug 26, 2015

RIpats88 said:
If the cba was that much in goodells favor then the nfl wouldnt have lost 100percent of the time in court. They would have won bountygate, rice, Peterson nased on article 46

The commissioner still has to follow the cba which he hasn't in this case.

True so far but Chancellor Goodell is looking for the right case and right court to get a win that will significantly shore up his dictatorship. Unfortunately it's plausible that, eventually, it will happen unless the owners, father time or a more resolute PA get to him first.

Let's just hope this one isn't the one that gives that disturbing face the smirk it has been zealously looking for.

RayClay · Aug 26, 2015

Ha ha. That'll get them to click my website.

hypotherion · Aug 26, 2015

Rob0729 said:
Alan Milstein has argued in front of Judge Berman in the past and he is convinced that Brady will win. So we can't put any more stock in this guy than anyone else.

True Milstein has been on the record that he thinks Berman will rule for Brady but I guess I view him as a bit biased since he previously lost to the NFL in court, he just always seems pissed off when talking about this on twitter.

YOUGOTMOSSED said:
I don't think that's entirely true. What comes next depends on which ground he chooses for vacating (let's keep a happy thought that's what he'll do). It's my understanding that if the court buys Kessler's "notice" argument then the NFL is done (subject to appellate review). If he vacates on some other ground, the underlying case has to go to a neutral arbitrator.

This isn't 100% true, if one of the reasons Berman vacates is evident partiality then yea the case would go to a neutral arbitrator but if Berman vacates for other reasons we get Goodell as arbitrator again.

Gronkowski123 · Aug 26, 2015

supafly said:
Ha. We'd just have the same handful of posters talk about how "easy" winning the appeals process will be

please no...2nd circuit/the probability of an injunction/more articles

Gronkowski123 · Aug 26, 2015

Patsfanin Philly said:
I am trying to temper my optimism with a cold dose of reality that the CBA is stacked in favor of the owners
and this is by no means a slam dunk in favor of Brady.....
If ...if..Berman rules in favor of the Management Council it will be a gut punch like Tyree's catch or Buckner's error....
Living outside of the New England area, I have to listen to the biases of the locals who get their news from either ESPN or a Patriot-hating jealous media ...On when I ask a simple question do some of them 'get it' but most are clueless. (question is- when you go out to the car in winter and it reads low tire pressure, did someone let the air out overnight or is it nature???)

Here's one potential consolation though I hope it's not needed. Big Ben was suspended for 6 games (?4) in 2010 and the Steelers still made it to the Super Bowl....

completely agree with your post, especially about being a pats fan outside of NE.
if brady fails, the new headline will be " brady found guilty of cheating by a federal judge "..and that makes me sick.

YOUGOTMOSSED · Aug 27, 2015

hypotherion said:
True Milstein has been on the record that he thinks Berman will rule for Brady but I guess I view him as a bit biased since he previously lost to the NFL in court, he just always seems pissed off when talking about this on twitter.

This isn't 100% true, if one of the reasons Berman vacates is evident partiality then yea the case would go to a neutral arbitrator but if Berman vacates for other reasons we get Goodell as arbitrator again.

No. If he vacates for lack of notice, there's no "do-over." Goodell can't turn back time and give notice when he failed to do so initially. That's why vacating on the ground of lack of notice would be a legal "home run" for us.

JoeSixPat · Aug 27, 2015

Let's put it this way folks

If you read the transcripts you'll see that Berman himself at times is raising pro-Brady view points that Kessler didn't even raise. Berman has been reading up and doing his homework.

Berman has personally, in open court, raised a half dozen issues that plain and simply don't pass the sniff test on levels of procedure or basic fairness.

I repeat - Berman himself has brought up issues before Kessler even could

I don't see him making a grand statement to show how the Judiciary is obligated to uphold an unfair ruling arrived through an unfair process which he himself has illustrated in open court

The NFL knows they back down or Berman backs them down on Brady

I think the NFL feels its better if they don't back down and force Berman to rule - even if it's in Brady's favor

I think they're wrong about that - it's a strategic error - but then again they've made TONS of strategic errors in this process, that doesn't surprise me anymore

At the very least Berman will offer a straightforward lifting of Brady's suspension citing some solid legal grounds

At best he will publicly rip into Goodell and the owners in an effort to shame them into doing the right thing and creating a fair process that won't result in every player suspension landing in Federal Court

I'm very hard pressed to even play devil's advocate about why the NFL COULD win - they simply have failed to follow their own process - and this shouldn't surprise anyone given the arrogant nature of the Commissioner and obviously certain owners too

One lawyer's differing opinion on the recent court transcripts

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