Court case stuff August 31, 2015

Deus Irae said:

D. Smith got his ass handed to him in the CBA negotiations, yet the players have kept him on. Don't be too sure that the next CBA negotiations will go any differently. NFL players are idiots, when it comes to this stuff.

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We'd like to keep that crazy article 46 provision that allows our batsh*t crazy commissioner to suspend you for no reason . . . in exchange, you players get an extra green cookie on St. Patrick's day.

raduray said:

I've asked this question several times and haven't received an answer, so here I go again. Why is it that Kessler did not bring up the misrepresentation of testimony in Goodell's appeal finding? To me, that, coupled with his previous lies to Judge Jones in the Rice Case, would be grounds for evident partiality.

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That was a subjective interpretation by Goodell not subject to review. They have 4 solid process issues for the judge to use to Vacate, a couple of which would not lend themselves to sending it back to a neutral arbiator, Pash not testifying and the notice issue.

I am not a lawyer just MO based on reading stuff written by the lawyers.

Kessler knows his stuff.

Here are the thoughts of some1 who has followed this case closely.

1) There is till a chance of settlement -- but only if the NFL climbs down from its high horse of demanding confession+suspension. It will only come after Judge Berman reveals to the parties that he is indeed going to vacate Goodell's arb. Award. Faced with the possibility of a broad-based defeat -- and precedent --in a Federal Court the NFL itself selected-- they may well be forced into a settlement where Brady admits that he should have been more cooperative and is stuck w/ a fine. Brady may accept this to get finality. Such an outcome however will be a huge defeat for the NFL and Goodell's rule as a Despot -- and it will widely be seen by the owners and NFLPA as such. However, should the NFL continue its unfathomable gamble....

2) Judge Berman will rule -- and decisively -- to vacate Goodell's arbitration decision on 3 grounds

a) Fundamental unfairness and inconsistency of standards employed in evaluating violation of deflated balls. NFL had no policies to check inflation/deflation of game balls-- ie. no protocols that could be relied on. Also site unfairness of disallowing Jeff Pash -- touted by NFL as co-investigator w/ Wells and admitted editor of the Wells Report-- from testifying and possibly disallowing investigation notes to be shared w/ Brady's counsel

b) Importantly I expect Berman will rule that Goodell was a partial arbitrator. He will site Goodell's "quantum leap" in characterizing Brady's involvement in deflategate from "generally aware" to actively scheming as part of a conspiracy (of dunces) to carry it out. That was well beyond the scope of the original charge being appealed by Brady. There are other pointers to partiality that Berman could site (mischaracterizing Brady's testimony) -- but the finding of partiality is very significant. It follows that Goodell could not rehear any new arbitration proceedings involving Brady. The NFL if it ever held another arbitration would need to seek a genuine neutral arbitrator

c) Points a + B above will mean that if Berman is upheld by the inevitable NFL appeal to the Circuit Court --Goodell's suspension is vacated and a brand new arbitration proceeding w/ a neutral arbitrator will ensue. However, I expect Berman to also rule that Goodell disregarded the specific provisions of the CBA especially the CB rule that specifies a fine for first-time offense involving "equipment violations that affect competitive integrity of the game" He could also site the lack of notice of a new standard for NFL misconduct -- namely "more likely than not Brady was "generally aware" -- a standard that Wells made up. This finding would doom NFL's case against Brady-- as there could not be a cure for lack of notice.

I know that there are many lawyers who argue that the arbitrator is entitled to a lot of deference. But in this case the NFLPA on behalf of Brady has established multiple grounds for vacating the award. The ramifications for the NFL -- should they fail to settle -- will be echoing for years.

Gronkowski123 said:

i could see goodell pulling a stunt like this right before the season starts if they lose tomorrow.

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I was actually thinking something very similar. If Goodell loses this week and decides to just come back with another punishment, say a 2 game suspension. Oh and he decides to announce it at 5:00 PM, Thursday, September 10, putting it in place effective immediately.

While I don't put anything beneath Goodell, I don't think a move so scummy would be allowed.

ESPN is, basically, the propaganda wing of the NFL. If that is true (is this even in dispute?) then why would anyone be surprised their "experts" think the NFL case is a winner all the way? ESPN will put on people who will rubber stamp the NFL's opinions -- that is how propaganda works.

I watch ESPN if a game is on I cannot watch anywhere else. End of my ESPN watching. So for those that torture themselves with the NFL's ministry of propaganda, has Cossack pointed out how badly the NFL has acted through their court/public actions? Their moving the goal posts, Lying, highly suspect work and conclusions? I'd have some respect for Cossack if he is highlighting these moves by the NFL while saying "but I think the law says the NFL's argument is rock solid". But if Cossack isn't doing that then he is a clone of that other indisputable slime ESPN "expert". Bottom line: any outlet that isn't taking the time to highlight how appalling the NFL's behavior has been can safely be marked as an 'outlet' that is essentially about propaganda.

In the not too distant future I will be 'cord cutting' and ESPN will be one of those that makes it extra satisfying to cut it. Changing the channel from ESPN doesn't hurt them sufficiently - they are still getting their cable/satellite carry fee. But cutting the cord altogether kills their 'carry fee' and likely hits ESPN especially hard (arguably it hits them the hardest of any channel out there). And it couldn't happen to a more 'swell' bunch of guys.

StnfrdPatsFan said:

Here are the thoughts of some1 who has followed this case closely.

1) There is till a chance of settlement -- but only if the NFL climbs down from its high horse of demanding confession+suspension. It will only come after Judge Berman reveals to the parties that he is indeed going to vacate Goodell's arb.

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There is no way Brady will settle if the Judge tells the parties that he will vacate the suspension.

patsfan13 said:

It will be must see TV to see Polian spinning the limited nature of the ruling to protect his pal Goody and repeating whatever lies are at hand.

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I hope Brunell cries again.

XLIX said:

I was actually thinking something very similar. If Goodell loses this week and decides to just come back with another punishment, say a 2 game suspension. Oh and he decides to announce it at 5:00 PM, Thursday, September 10, putting it in place effective immediately.

While I don't put anything beneath Goodell, I don't think a move so scummy would be allowed.

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"I don't think a move so scummy would be allowed"
What is Brady's recourse other than taking it as quickly as possible to a judge in the hops the judge issues an immediate TRO(or whatever the legal term)? If Goodell times it well it could be very difficult to get the TRO in time wouldn't it?
Given Goodell's history of scummy actions, I would not put any future scummy move past him. I don't see any behavior by him/them or any reasoned argument that says his office will operate above board. To the contrary, the reasonable argument indicates they will pull every slimy dishonorable trick they believe they can get away with to 'defend the integrity of the game'.

TheBostonStraggler said:

"I don't think a move so scummy would be allowed"
What is Brady's recourse other than taking it as quickly as possible to a judge in the hops the judge issues an immediate TRO(or whatever the legal term)? If Goodell times it well it could be very difficult to get the TRO in time wouldn't it?
Given Goodell's history of scummy actions, I would not put any future scummy move past him. I don't see any behavior by him/them or any reasoned argument that says his office will operate above board. To the contrary, the reasonable argument indicates they will pull every slimy dishonorable trick they believe they can get away with to 'defend the integrity of the game'.

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I think if Berman vacates the suspension and Goodell waited until 5:00 PM, September 10, to announce a new suspension, then Berman himself would issue an injunction after hours, and probably be pretty darn pissed at the league's tactics.

I think the judge will give both sides a chance to settle. If not I think the judge issues a ruling TOMORROW.

RhodyPatriot said:

I think the judge will give both sides a chance to settle. If not I think the judge issues a ruling TOMORROW.

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I hope he makes a decision tomorrow. Finally get some resolution on this STUPID made up controversy. Even with appeals (doesn't matter who wins) it will probably won't affect this season and Brady plays while that gets worked through the courts.

I think there is a good chance this will be settled before Kahoutek returns.

Gronkowski123 said:

i could see goodell pulling a stunt like this right before the season starts if they lose tomorrow.
if brady loses, what are the chances he succeeds at getting an injunction?

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Judge Berman would have a warrant for Goodell on contempt of court charges before the end of the day. IMO, an injuction would be pretty automatic as well.

Fencer said:

I haven't seen anything about the actual case yet, but the league is leaking its willingness to get Mara and other owners involved in settlement negotiations after all.

http://espn.go.com/boston/nfl/story...lks?utm_source=twitterfeed&utm_medium=twitter

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It's posturing from the NFL imbeciles trying yo appear cooperative to Judge Berman, nothing more.

XLIX said:

I was actually thinking something very similar. If Goodell loses this week and decides to just come back with another punishment, say a 2 game suspension. Oh and he decides to announce it at 5:00 PM, Thursday, September 10, putting it in place effective immediately.

While I don't put anything beneath Goodell, I don't think a move so scummy would be allowed.

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If that happens, I predict a power outage at Gillette Stadium lasting until they can find a Federal judge willing to give an injunction so Brady can play..........
Normally I would say the NFL wouldn't want the negative PR from such a move, but it is the buffoons at 345 PArk ave....

If Brady wins, the NFL will just come up with another set of fabricated cheating charges against the Pats in a game his year and do the whole witch hunt thing all over again.

YOUGOTMOSSED said:

An appellate stay is hardly a guarantee and it doesn't stop this lunatic commissioner from finding some other way to screw us.

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If you read the McCann article linked to on page one, I just don't see how Brady doesn't get a stay if he appeals. Brady should be allowed to appeal but there's no point appealing unless the ban is stayed. On the other hand, it should not matter to the NFL whether Brady serves his ban this year or next.

Peachhead said:

Judge Berman would have a warrant for Goodell on contempt of court charges before the end of the day. IMO, an injuction would be pretty automatic as well.

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Yeah, this would be blatant contempt and it would lead to Goodell being held by federal Marshals. It would also probably have a number of other horrible cascading effects for the league. It won't happen.

manxman2601 said:

If you read the McCann article linked to on page one, I just don't see how Brady doesn't get a stay if he appeals. Brady should be allowed to appeal but there's no point appealing unless the ban is stayed. On the other hand, it should not matter to the NFL whether Brady serves his ban this year or next.

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Ya. It's not like if he won the appeal he could get the games back. Think he could get a stay on that argument alone.

hwc said:

If Brady wins, the NFL will just come up with another set of fabricated cheating charges against the Pats in a game his year and do the whole witch hunt thing all over again.

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That is a scary thought, and after seeing how badly the NFL had behaved through this process I don't think it would surprise anyone if that's what they did

The one thing that might stop goodell and his jest cronies in the league office from continuing a witch hunt is their fear of losing public support. Most other fans hate the Patriots, but if the NFL goes too crazy against a team it might eventually turn the public against the league