Jay Feely discusses court appearance

Tony2046 said:

He implied that he didn't talk unless spoken to. Sounds like the judge dictated the conversation and was interested in the Jets K ball situation. Feeley stated that they discussed similarities and differences in the case but the fact remained that Feeley was not investigated and the ball attendant was suspended

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This is huge, in my opinion. It goes to notice, which is by far the best win Brady can get.
Notice, which could also be called warning or expectation, is absolutely derived from precedent.
There is a long. long list of similar offenses that actually got no punishment whatsoever, or at least none to players.
This one, the Panthers/Vikings, the Chargers, etc

AndyJohnson said:

This is huge, in my opinion. It goes to notice, which is by far the best win Brady can get.
Notice, which could also be called warning or expectation, is absolutely derived from precedent.
There is a long. long list of similar offenses that actually got no punishment whatsoever, or at least none to players.
This one, the Panthers/Vikings, the Chargers, etc

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Also, vacating on the basis of notice would mean that the case can't be rearbitrated, since where a process violation can be fixed by redoing the appeal, nothing short of time travel can fix a notice error. So Brady would be in the clear provided that the NFL didn't win on appeal.

I agree that this is a big deal. I don't see how Berman brings Feely in unless what Feely has to say could impact an element of his findings. Seems pretty clear that he wanted to speak to Feely to establish precedent re: how the NFL handles player discipline in cases where a team ball violation occurs. Feely's account demonstrates that, even where the NFL finds misconduct significant enough to punish the team, the player is never held accountable for it, "general awareness" be damned.

Before, the question left unanswered was whether all of this would factor into Berman's decision. The fact that he brought Feely in suggests that all of this is clearly on Berman's radar, and if it is it can only be for reasons that are favorable to Brady. Optimism increasing.

WOW. I agree that this is a huge revelation and development.

http://www.danpatrick.com/2015/09/01/jay-feely-tom-brady-insists-he-did-nothing-wrong/

Jay Feely joined the show to talk about representing the NFLPA at Court during the Tom Brady hearing.
Feely said there was no settlement because Brady “would not admit to something that he did not do.”
Feely thinks that Roger Goodell has done some good things but keeps running into trouble by not using an independent arbitrator.

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Great interview. Even addresses Brady tipping the equipment guys.Says happens all the time.

BradyFTW! said:

Also, vacating on the basis of notice would mean that the case can't be rearbitrated, since where a process violation can be fixed by redoing the appeal, nothing short of time travel can fix a notice error. So Brady would be in the clear provided that the NFL didn't win on appeal.

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Wallach agrees with you.

Daniel Wallach ‏@WALLACHLEGAL 57m57 minutes ago
If Judge Berman rules for Brady, he will try to avoid scenario where it's remanded back to Goodell for do-over (why notice & bias are key)

http://media.wrko.com/device/mobile...ker-poliakoff-on-brady-nfl-lawsuit-9-1-15.htm

Wallach predicts the end of Roger Goodell.

" How can Roger be the center point of the next CBA negotiations?"

Brewskies said:

Please enlighten me, what makes you think Jonathan would be better?

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Less likely affected with dementia and odds are he has testicles which his father is lacking

Tony2046 said:

http://media.wrko.com/device/mobile...ker-poliakoff-on-brady-nfl-lawsuit-9-1-15.htm

Wallach predicts the end of Roger Goodell.

" How can Roger be the center point of the next CBA negotiations?"

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A thought just occurred - Was Mara present so Berman could make sure the owners saw directly the inarticulate dolt they have making decisions for them and not just hear his self-aggrandizing reports later?

Holy Mort!!

Paraphrasing Wallach:

'If Brady wins on a bases of notice it would strip Goodell of broad sweeping power'

'If Brady wins based on bias he will have a tough time serving as arbitrator in futures cases'

If Brady wins this fight he will have effectively stripped Goodell of the power that the NFLPA tried to do during the last CBA negotiations. He will have empowered the players positions. Wow.

Would like to hear from the legal guys here. Does this sound right?

Tony2046 said:

Holy Mort!!

Paraphrasing Wallach:

'If Brady wins on a bases of notice it would strip Goodell of broad sweeping power'

'If Brady wins based on bias he will have a tough time serving as arbitrator in futures cases'

If Brady wins this fight he will have effectively stripped Goodell of the power that the NFLPA tried to do during the last CBA negotiations. He will have empowered the players positions. Wow.

Would like to hear from the legal guys here. Does this sound right?

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Seriously. If this happens, every player in the union should bow down to Brady and thank him until the're out of breath for putting up with all the mort that he's put up with over the past 7 months--in many cases coming from his own fellow ******ed union members--all to bail them out of Goodell's incompetent overreach.

turkeyneck said:

A thought just occurred - Was Mara present so Berman could make sure the owners saw directly the inarticulate dolt they have making decisions for them and not just hear his self-aggrandizing reports later?

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According to Jay Feely : Brady/Feely and Goodell/Mara (I believe Mara) went into the chambers to discuss settlement possibilities.

He doesn't specifically say Mara. I assume he did because of the equivalent Feely /Mara relationship to both parties.

I didn't make myself clear. What I was speculating on, independent of anything Feeley, was this. Did Berman request/require Mara's presence so he could behold first hand Goodell being in over his depth rather than the owners hearing from Goodell later how magnificent he was in arguing their cause?

turkeyneck said:

I didn't make myself clear. What I was speculating on, independent of anything Feeley, was this. Did Berman request/require Mara's presence so he could behold first hand Goodell being in over his depth rather than the owners hearing from Goodell later how magnificent he was in arguing their cause?

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Yes. Mara was definitely in court and I believe that Mara along with Goodell were called into Berman's chambers for a private discussion.

I know I'm a geezer and sometimes forget things but I totally forgot about the Jets losing a 1st and 4th round pick when their employees messed with the K balls.

PatsWickedPissah said:

I know I'm a geezer and sometimes forget things but I totally forgot about the Jets losing a 1st and 4th round pick when their employees messed with the K balls.

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That's useful. I didn't know that.

I hope Bob Kraft finally understands the ramifications of his incomprehensible decision back in May. I know he knows it was a mistake, but what he did could affect the Pats for decades. Right now he is the best case for every hater out there. He needs to know that.

PatsWickedPissah said:

I know I'm a geezer and sometimes forget things but I totally forgot about the Jets losing a 1st and 4th round pick when their employees messed with the K balls.

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PWP, I'm sure your memory is fine, it is an understandable mistake, the news about the Jet's losing those two picks was around the same time of the media frenzy when Goodell won his Nobel Prize in Physics for his ground breaking discoveries on the limits of the Ideal Gas Law, soon after his coveted "King Solomon Award" for justice, fairness, and wisdom.

AndyJohnson said:

Can anyone give details?

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I believe Feely also said that he told the judge that he regularly gives gifts/cash to his equipment guys for taking care of his equipment. He said he had done it on every team that he was on. I'm guessing that was asked by the judge since that was part of the "evidence" that the NFL was relying on as proof of Brady's guilt.

I still think the punishment of making the Jets draft Geno was too harsh.