With the NFL stating they will appeal..

With the NFL's announcement that they ARE going to appeal (morons), I have a question for you legal heads on here.

I counted 7 different items in which Berman hammered the league on. Does the NFL have to appeal each item or can they appeal on just one to get Berman's decision over-ruled?


EDIT: Yes, I am amazed that the Owners are going to allow Goodell to appeal this. The amount of money they've wasted on this is ridiculous and the PR is only going to get worse for them..

Goodell came out very quickly saying he will appeal.

I really hope the NFL owners come out and basically say enough is enough, this issue is dead. At the next owner's meeting they oust Goodell from his seat and players/fans rejoice.

Maybe Goodell has a sexual fetish for getting his ass pounded in court.

Brady only had to win on one count. So the NFL has to get an appeals panel (three judges) to overturn Judge Berman's ruling on all counts. It is conceivable that the appeal panel could overturn one or two of Berman's rulings and uphold the overall decision by Judge Berman.

its so stupid...Goodell and crew are dumb..

The NFL is soooooo stupid.

I understand the reasons why they want to appeal but is this really the best business decision? Really?

Cut your losses. Move on. Focus on the 2015 season and make money.

Its ovah.

To reaffirm the suspension, I believe the appellate court would have to find that Berman was wrong on every one of his arguments.

If they found the "no notice" argument faulty, though, while adhering to the rest, maybe that would mean that the end result stands, but now Goodell could rearbitrate it? Not totally sure, but no notice is what prevents rearbitration, so as a practical matter it's important that that one stands under appeal. Which it seems like it will, since there's a ton of precedent behind it.

fnordcircle said:

Maybe Goodell has a sexual fetish for getting his ass pounded in court.

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Something tells me that he isn't picky about where it happens.

Goodell dropped the "integrity of the game" line again. This guy is the worst.

So does anybody know how quickly we should hear if the appeal is denied or not?

Jeff Howe @jeffphowe
Roger Goodell could have been the bigger man and ended this thing today, just like Robert Kraft attempted to do in May.

I have said this in another thread. In the discovery process for the appeal, I hope the NFLPA subpoena the work products from the Wells Report including transcripts, emails between Wells and Pash and Exponent, and the different versions of the Wells Report. And I hope the Judge overseeing this process does what Judge Berman did making all of it being submitted on the record. This has the potential for even a bigger disaster for the NFL.

rexxar said:

Jeff Howe @jeffphowe
Roger Goodell could have been the bigger man and ended this thing today, just like Robert Kraft attempted to do in May.

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LOL! Jeff Howe should go into comedy. He really thinks that Goodell would do the right thing?

At what point do the owners step in and say enough is enough? The lawyers clearly want to keep the gravy train rolling down the tracks, and Goodell will do anything they tell him to do.

By the time this is over, the legal bills will exceed the value of franchises like Buffalo and Jacksonville.

DaBruinz said:

With the NFL's announcement that they ARE going to appeal (morons), I have a question for you legal heads on here.

I counted 7 different items in which Berman hammered the league on. Does the NFL have to appeal each item or can they appeal on just one to get Berman's decision over-ruled?


EDIT: Yes, I am amazed that the Owners are going to allow Goodell to appeal this. The amount of money they've wasted on this is ridiculous and the PR is only going to get worse for them..

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They have to address all of them (plus the three the Court mentioned but did not discuss) and they have to win on all of them. That was an unusual part of the decision - Berman went out of his way to make an appeal more difficult to win. He could have simply held that the NFL violated the law of the shop by not giving Brady advance notice of potential punishment, vacated (or modified) the award and then stated that he did not have to address the other NFLPA arguments. He did not. He took the best NFLPA arguments and accepted all of them.

Rob0729 said:

I have said this in another thread. In the discovery process for the appeal, I hope the NFLPA subpoena the work products from the Wells Report including transcripts, emails between Wells and Pash and Exponent, and the different versions of the Wells Report. And I hope the Judge overseeing this process does what Judge Berman did making all of it being submitted on the record. This has the potential for even a bigger disaster for the NFL.

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There is no discovery on appeal.

Wouldn't it be apropos if the Appeals Court chose to not hear the appeal and cited, essentially, because "We said so".. Which is essentially what Goodell has been claiming Art. 46 allows him to say..

Roger is appealing because he wants to uphold "competitive fairness", what roger doesnt understand is, taking away the star QB on one team to make the games he is out competitive, doesn't fit under that umbrella.

TomPatriot said:

There is no discovery on appeal.

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Well, there goes my theory. I never claimed to be a lawyer. Oh well. I know a little more about the legal system than the average person with some legal classes in grad school, but apparently not much more.

I think it's great that the NFL is going to appeal. Now that Brady and the Patriots have re-captured the moral high ground, the more that comes out, the worse it is for Gott-dell -- and the better for everyone else.