With the NFL stating they will appeal..

My best guess is it all comes down to the "notice" point. If that gets overturned, then I believe this could get sent back to a new arbitrator, or even worse, back to Goodell with instructions to let Pash testify or any other point that was ruled on in favor of Brady. I could be wrong.

The appeal is a dog and pony show executed by a group of men disassociated from how normal, and decent, people think and react. Their rank incompetence and lack of decency/fair play has opened Goodell up to having his face shoved out of the picture every time he levies a harsh punishment. Look, they had to appeal else face some tough questions they know they do not want to answer.

The chances of winning an appeal are already against the NFL. Chances they could get a win on all of Berman's items with a judge saying"reversed! Tom Brady must serve a four game suspension" is very remote. On the other hand the good news is this continuing might chip a little more away at the facade of Goodell's decency (every little bit helps). Chances this appeal could be a "and more bad news for the NFL" piling on story beyond the concussion movie (and other fiascos they may create happen between now and then) are tangible. Getting it piled on them is a good thing.
Personally I am glad they are appealing it. Having more judges reverse or even smack down Goodell is good. Maybe they also highlight and smack him down some more for their unethical behavior -- that would be a sweet present for Christmas.

DaBruinz said:

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..

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They have to hear the appeal. The loser has an appeal as of right in this case. But they could issue a summary order, which is just a few paragraphs. In this case, I doubt it. I think there will be a full decision.

chasa said:

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.

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Technically, taking our QB away is fair, because only one other team has that level of talent at the position. He IS trying to make the league more competitive after all!

TomPatriot said:

There is no discovery on appeal.

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But there could be in a defamation suit.

All through history, men have not known when to give up.

this appeal may not be the end of it. if either side does not like the ruling by a 3 judge appeals panel they may appeal it to all 22 judges of the 2nd circuit.

Galeb said:

But there could be in a defamation suit.

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Yes, if it goes forward.

DaBruinz said:

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..

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It would be nice, but appeal to the federal Circuit Courts of Appeals is non-discretionary. The court has to hear it.

TommyBrady12 said:

this appeal may not be the end of it. if either side does not like the ruling by a 3 judge appeals panel they may appeal it to all 22 judges of the 2nd circuit.

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True, but that is discretionary and very likely would not be granted.

TomPatriot said:

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.

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So basically, if I understand you correctly, even if the NFL* trades for a more favorable ruling(think draft pick), they still forfeit any rulings they acquire as long as the other previous rulings stand.

Why that is just vindictiveness on Judge Berman's part.

Galeb said:

But there could be in a defamation suit.

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Which I think we can all agree at this point should happen. The NFL should be made aware that continuing to drag this case out will result in a defamation lawsuit.

'Say, "integrity of the game" one more time"

TomPatriot said:

Yes, if it goes forward.

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Since the NFL is appealing, I see no reason why he wouldn't. The appeal means it's not going away, so IMO, there is no reason for Brady not to file one. Given the ruling, court testimony, lies, leaks and Brady's appeal testimony, I think Brady has a pretty strong case.

LOL. Hope Berman hears the appeal just like how Roger likes it.

The Gr8est said:

So basically, if I understand you correctly, even if the NFL* trades for a more favorable ruling(think draft pick), they still forfeit any rulings they acquire as long as the other previous rulings stand.

Why that is just vindictiveness on Judge Berman's part.

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I don't think it was so much vindictiveness as a judge really, really not wanting to get overturned on appeal. Throughout the process we've heard that Berman might rule for the NFL just because judges hate getting overturned on appeal. This is him making sure that he does the right thing and that he won't get overturned.

Where did the NFL say they are going to appeal? I missed it.

I hope they appeal all the way to the Supreme Court that way they will fall even further. It's a good day.

So answer this to a simpleton like me: is there any way now that this appeal will keep Brady off the field week 1?