Poll: How will this stage of the lawsuit resolve?

YOUGOTMOSSED · Aug 28, 2015

If he's going to vacate, why not just grant it on all four grounds? Saves judicial resources on assigning a new arbitrator and chances are the appellate court will agree with at least one of the reasons.

Plus, the more Goodell is humiliated in these court procedings, the better the odds of the owners finally firing the guy and eliminating these stupid controversies jamming up the court system.

PatsDeb · Aug 28, 2015

I voted for what I want rather than what I think, because at this point, I don't know what to think.

PatsWickedPissah · Aug 28, 2015

Voted for complete vacation based on lack of notification with my heart but I think odds are best for re-arbitration.

Gumby · Aug 28, 2015

QuantumMechanic said:
He has no authority to do that. The most he can do is say that in this case the way Goodell operated under Article 46 was improper and therefore the award is vacated.

Why?

Not being facetious: explain why not if you can.

I understand it is an extreme position that a federal judge is very unlikely to take.

but I don't see why he couldn't legally invalidate the art 46. Every agreement has severability clauses so it isnt like it would affect the rest. And if these nyjfl jack offs keep wasting court resources with practically every single arbitration case, someone sometime has to put a stop to it at some point.
If coca cola had been to federal court five times in two years, you can bet the court would be penalizing them harshly by the fifth time.

WinstonSmith · Aug 28, 2015

For team Brady I see a ChiPs like ending – bad music and freeze framed shots of Brady and co – smiling and laughing while celebrating.

For team Goodell I see an Inglourious Basterds ending….

PatsFanSince74 · Aug 28, 2015

chasa said:
the safest thing for Berman to do is re-aribtration with a neutral third party.

If Goodell objects to this, hes basically saying that he knows the argument for why he punished Brady is ********. This also allows Berman to pass the buck a bit.

I'm just guessing here, like everybody else, but I don't think Berman's a "pass the buck" kind of guy. I think it will be an all or nothing decision (the "Meat Clever") with one side walking away very happy and the other very unhappy. Now, if only I knew which side was which....

obgod3 · Aug 28, 2015

I voted Re-Arbitration, but Im not looking forward to it. Some folks here mentioned Pash's notes or edits etc. My concern would be how would anyone know what he did and what he didn't, will there be proof, he will most certainly lie even under oath imho. Maybe in re-arbitration it wont matter once Well's noted are released.

Now that frigin idiot on weei this morning, he who I will not say his name, presented maybe the Brady camp doesn't want the ball guys testifying in another arbitration meeting. Personally I dont think the Brady camp is a least bit worried about that.

Hoping to see this vacated.

QuantumMechanic · Aug 28, 2015

Gumby said:
Why?

Not being facetious: explain why not if you can.

I understand it is an extreme position that a federal judge is very unlikely to take.

but I don't see why he couldn't legally invalidate the art 46.

Because the NFLPA/Brady isn't challenging the legality of 46. Because the issue of the legality of 46 hasn't been briefed. Because the question of the legality of 46 has never even come up in the case.

Also, 46 does not mandate a legally-unfair process. Goodell being an idiot who can't even remotely act fair doesn't mean a fair process couldn't happen.

QuantumMechanic · Aug 28, 2015

Another lawyer's take:

Judge Berman will rule in favor of Brady. But Brady will not be out of the woods– and not for the reasons you think. Judge Berman will vacate the arbitrator’s decision using Section Ten of the Federal Arbitration Act (FAA). Section Ten of the FAA provides that a judge may vacate an arbitrator’s award if the arbitrator acted with evident partiality to one of the parties before him (see images below for my legal take on evident partiality is the winning argument). Here’s the catch: A vacation of an arbitrator’s award does not conclude the matter. Unlike the “law of the shop” argument, which would nullify the grounds and reasoning for the suspension, a section ten vacation would send the matter back down to be re-heard by a neutral arbitrator (my guess: former NFL Commissioner (and lawyer) Paul Tagliabue or a mutually agreed upon panel of three arbitrators).

https://spatricktierney.wordpress.com/2015/08/27/the-case-for-a-reasonable-outcome-in-deflategate/

fgssand · Aug 28, 2015

QuantumMechanic said:
Another lawyer's take:

https://spatricktierney.wordpress.com/2015/08/27/the-case-for-a-reasonable-outcome-in-deflategate/

I do not think there would be anything wrong with a truly independent arbiter.

If you believe, as I do, that Brady did nothing, then let the truth come out through a truly independent arbiter and investigation.

Get them all on the stand, all of them, pash, Nash, Kensington, Goodell, Brady, dorito dinks, that real lying SOB Wells, all of them and let's go, once and for all.

Nothing happened except for the ideal gas law......my freaking great grandmother who has been dead for 30 years and never watched a football game in her life knows that cold air reduces air pressure.

I am so ****ing sick of these liars I cannot see straight.

Bring it on.

QuantumMechanic · Aug 30, 2015

Tick...tick...tick...tick...

aluminum seats · Aug 30, 2015

I want Berman to rule so overwhelmingly for Brady that we somehow get our draft picks back. Actually scratch that--so we get EXTRA picks.

Canuck · Aug 30, 2015

I'm thinking Berman tells them Monday that he is leaning to sending this back to re-arbitration with a neutral arbitrator. He will probably warn that he expects the NFL to provide to the neutral arbitrator with the items requested by Brady and the NFLPA at the original appeal but denied by the NFL. He will probably warn Brady that he has no idea what the neutral arbitrator will decide. He will then tell the NFL and Brady/NFLPA that they have one last chance to reach a settlement before he hands down a decision. I think Berman will use this tactic to try and force a settlement. If they can't come to a settlement agreement, I expect Berman to vacate the suspension on Friday.

Ivan · Aug 30, 2015

The same way it usually does, Brady for the win.

QuantumMechanic · Aug 31, 2015

Guess people can consider changing their votes away from settlement.

Poll: How will this stage of the lawsuit resolve?

How will this stage of the NFLPA/Brady v. NFL case be resolved?

Settlement - reduced suspension

Settlement - fine only

Berman upholds NFL

Berman vacates completely

Berman orders re-arbitration

YOUGOTMOSSED

In the Starting Line-Up

PatsDeb

PatsFans.com Supporter

PatsWickedPissah

PatsFans.com Supporter

Gumby

In the Starting Line-Up

WinstonSmith

2nd Team Getting Their First Start

PatsFanSince74

PatsFans.com Supporter

obgod3

In the Starting Line-Up

QuantumMechanic

Burn it all down!

QuantumMechanic

Burn it all down!

fgssand

PatsFans.com Supporter

QuantumMechanic

Burn it all down!

aluminum seats

Pro Bowl Player

Canuck

Third String But Playing on Special Teams

Ivan

Hall of Fame Poster

QuantumMechanic

Burn it all down!

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