Tom Curran on Brady court case

BingoBrown · Aug 28, 2015

supafly said:
If that were anything of a possibility, why wouldn't they just settle now? Even if they couldn't come to exact terms due to one side or the other not wanting to accept a game, we'd have likely heard something about the fact that they were much closer than ever before.

One thing's for sure--there's no way that the NFL wins and then suddenly reduces it 75 percent out of the kindness of their hearts.

If the NFL settles there is no precedent set.I hope I'm completely
wrong on this.

Ice_Ice_Brady · Aug 28, 2015

Buchanty said:
While a decision in favor of the NFL has bleak ramifications, it is becoming evident that a decision in Brady's favor might not be a favorable outcome for the league and football fans in general. The obvious scenario here is that the NFL appeals Berman's decision. This in turn extends the duration of the farce well into 2016. The cost to the league is minor, but to the NFLPA and Brady it is significant. Indeed the NFLPA may be limited as to which cases it can support moving forward. And there is nothing to suggest that Goodell will not continue to misunderstand the CBA, overreach his authority and increase his incompetency. The twilight years of one the NFL's greatest players will be strained by litigation and an inability to remove the stains of aspersions.

Even if the NFL does not appeal, which I doubt (after all why would they stop doubling down since pride is fueling the engine?), there will be little respite for Brady or the Patriots as every minuscule opportunity will be seized upon to discredit and punish them.

The only other course is for Berman to appoint an independent arbitrator. This is a double edged sword, inasmuch as it again extends the farce, but opens up league communications and documents to public scrutiny. It also does the same for Brady and the Pats. Knowing the visceral appetite of the media, few private morsels will not be savaged in the effort to gain headlines and page clicks.

Sadly the only power that can radically change the limited set of possible consequences are the owners themselves. As I have already suggested the owners are dishonored by their acceptance of the mendacity, deceptions and bias of the League office. They are also guilty of lack of foresight if they allow Goodell to continue to operate in hubris and ignorance. The goal of absolute power over players is an illusion, and we all suffer until that illusion is shattered. Only when the owners come to their senses, and see the futility of their present course with Goodell; only when they put him under a leash (or even dismiss him) can stability, fairness and integrity be restored to the game.

I think that the independent arbitrator is the best case scenario for Brady. Otherwise, this will just be tied up in the courts for years and the league will try to suspend him for something else.

Lavictoire · Aug 28, 2015

I can picture goodell as captain queeg in the caine mutiny cracking up on the stand over some minor rule infraction.

Fixit · Aug 28, 2015

SVN said:
http://thesportsesquires.com/tom-bradys-winning-argument/

There is one line which Daniel Nash argued last week
"In any event , the NFLPA waived this argument by not seeking at the hearing reconsideration of my decision denying its motion to compel Mr Pash's testimony"

Does this water down the Pash argument in front of the judge ?

Berman doesn't seem the type to give any weight to, "Sure I denied them access to Pash, but it's clearly their fault because they didn't ask me again later."

Nash is desperate.

Brandon_Cox · Aug 28, 2015

Rob0729 said:
My dream ruling would be that Judge Berman vacates the appeal ruling and assigns it to a truly independent arbitrator and forces the League to release to the court (so it goes on the record and seen by all in the public) all of Ted Well's investigation notes, communications, interview transcripts, revisions of the Exponent and Wells reports, league emails prior to the game, etc. so the world can see how they manipulated the facts to come to the conclusion.

I would add to that: Goodell and all of his henchmen must submit to being deposed by Kessler.

TruthSeeker · Aug 28, 2015

slash83 said:
My one thought this entire process has been where is the direct evidence linking Brady to any tampering? As pointed out if the judge rules in favor of the NFL from this point going forward Rg knows he can get away with murder and things will only get worse.

The evidence in the Wells report consisted of 1 misinterpreted text (Wells claimed that Brady was the subject of the text while the texters said the text was about an entirely different person).

That's it.

Everything else is totally subjective.

That's why the Wells conclusion was so vague (more probably than not that Brady was generally aware). Actually, that conclusion was a huge reach given the actual evidence (even assuming that there was real evidence that the footballs were manually deflated). But Wells had an agenda and stuck to it.

scott99 · Aug 28, 2015

AzPatsFan said:
The only way that Brady can establish his innocence is if Berman vacates the Appeal. Even if the NFL appeals the verdict, Bermans actions legitimizes and gives legal standing to a Libel suit by Brady against various NFL Front Office personnel. This is the only way to force Discovery and a discussion of the Guilt or Innocence on the merits of the case.

It serves to restrain Goodell until his term is up and the owners can choose to replace him with a Rozelle, or Tagliabue more judicial and successful type of Commissioner.

I consider Brady the victor regardless of what the judgement winds up being. Even if the NFL wins due to the rigged CBA, the NFL admitted they have no concrete evidence to a judge in a courtroom. The Wells report admitted they have no concrete evidence in its summary page. Brady has already won. And I will shove those facts in anyone's face that says Brady is a cheater. Of course I will do that BEFORE I punch said face.

RobAllan · Aug 28, 2015

Danger Zone said:
Sorry, there's no way that Goodell actually feels Brady did something. Its dirty politics. Pure and simple.

PSI of the ball the Colts intercepted: 11.45, 11.35 and 11.75

... all measured with the same gauge (different from the one the officials used) and show a .4 psi variance

... and all 3 are exactly where the IDL says they should have been.

There is no way that given the incredible lack of exactitude in measuring these footballs, that Goodell actually thinks Brady was deflating footballs by a tiny .2 or .3 psi

You know, I wish this were true. But the reality is people believe irrational things based on any number of different biases in their thinking. I, for example, believe the following:
1. Roger Goodell is unintelligent
2. Roger Goodell "hates" the Patriots

Given my two beliefs, which have a major bias against Goodell I also believe a third thing: It's possible he believes Brady did something even in the absence of logic and evidence and even despite science making the opposite demonstrably true.

I think the only difference between myself and Goodell is that my 3 beliefs are correct and his 1 is not.

Arrogance FTW

sieglo · Aug 28, 2015

raduray said:
Anyone know the format of the next hearing?

Thunderdome.

Oswlek · Aug 28, 2015

Fixit said:
"Sure I denied them access to Pash, but it's clearly their fault because they didn't ask me again later."

That's exactly how I read that as well. It strains credulity, but I wouldn't be surprised if this one has some legitimacy. The law often has quirks like this where if you don't ask for something you know you won't get at the time you are supposed to ask, it may disallow you the ability to complain about it later.

Wrath Mania · Aug 28, 2015

I don't see why it's so absurd to say that the owners and the league office really believe the Patriots are horrible cheaters and that Goodell needs to take this all the way. This is the problem with conspiracy theories: it starts with the assumption that all wrong-doings are dictated by a competent malevolent force that can't deceive itself into bad decisions. The average league stooge or even owner is probably just in the dark about how the Patriots operate as the average moron fan is. They envy the Patriots success and naturally conclude that foul play must be at work. Combine that with the personal grudges guys like Kensil have against BB and where's the surprise?

This all started from a bunch of jealous angry losers (Harbaugh;Grigson) trying to rationalize why their teams lost, and it blew up from there. People WANT it to be true, from the owners all the way down. That's what matters. That's what they paid for in the Wells Report- which probably none of them read.

5thRing-Hunt · Aug 29, 2015

The only reason some owners want the nfl to end this is because they want attention on their own teams. They don't want to hear about the patriots and brady all season long. They were happy to let the media trash brady and the pats all year until the season begins.

Also people keep saying an appeal could go for a year or two. I think this is the biggest case in America right now and it will be expedited so if brady has to be suspended it will happen in december/jan/Super Bowl.The media knows this and if brady wins next week then all season every news outlet will try and influence the court to expedite it now

VectorPrime · Aug 29, 2015

FFS if the NFL appeals they aren't going to win as long Berman puts in even a tiny bit of effort into justifying his ruling. Federal judges don't like to have their decisions overturned. And they rarely are, especially for something like this.

Unless Berman orders another arbitration this, for all intents and purposes, ends next week.

Deflatemyballs · Aug 29, 2015

XLIX said:
"Mr. Commissioner... we've captured a wilding.... he says he has information about your Uncle Benjen!!!"

You guys shouldn't use references from popular TV shows or people who don't watch them will harass you like an obsessed ex girlfriend because they are grown men who can't be left out

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