With the NFL stating they will appeal..

Ice_Ice_Brady said:

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.

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Actually, if the unlikely happens and the Second Circuit reverses Judge Berman’s decision, the next step would be to remand the case to Judge Berman to see if Goodell’s award should be vacated on one of the other grounds that Brady and the NFLPA raised, including that Goodell was “evidently partial,” but that Berman specifically noted in his opinion that he didn’t address. I mentioned this in the Brady Wins thread, but by specifically making note that he was not ruling on Brady and the NLFPA’s claim that Goodell was “evidently partial,” Judge Berman gave a warning shot to the NFL that things could get ugly for Goodell if the NFL manages to get the case sent back to Berman. Of course, the NFL appears not to have taken the hint.

Joey007 said:

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

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Pretty much the only route the NFL has to do this that would keep Brady off the field is for the appeals court to issue a temporary injunction staying Judge Berman's decision. However, that usually requires the appellant to demonstrate either some harm that would come if the decision were not stayed, or at least for the judges to find that there is some probability of the appellant's arguments being accepted and the judgment overturned in part or in whole.

does anyone know what the standard of review is on appeal for an arbitration? abuse of discretion? if so it will be hard to overturn.

VrabelJr said:

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

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They did so in their press release today:

http://itiswhatitis.weei.com/sports...uling-from-judge-berman-in-deflategate-drama/

Joey007 said:

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

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Only if they ask for an injunction against Berman's ruling, which would be insane.

my question whether the court has standing to refuse to hear the appeal on the basis that the NFL went forum shopping and still didn't get the result.

beyond that, I'm tired.........I think this is all I have left with this issue.......time to talk ball

Wouldn't it be apropos if the Appellate Judges waited 38 days to render their judgement and it be appeal denied "Because we said so"..

If the NFL wants to save face, they have two options:

1) Apologize to Tom Brady
and/or
2) Fire Goodell

Count me in too as thinking an NFL appeal is just a bad idea all around. I'd liken this route and assured outcome (and that we get to watch!) to a slow death by impalement, with occasionally twisting in swift gusts of wind.

On the other hand, it's their money.... To the Supreme Court! <popcorn>

Does anyone know how long an appeal takes through this court? The last thing I want is this to get reversed right before the post season. I know berman was awesome but I just don't trust NY judges generally especially around playoff time

obgod3 said:

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

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Maybe the word is desperate

Goodell appealing to save his job.

5thRing-Hunt said:

Does anyone know how long an appeal takes through this court? The last thing I want is this to get reversed right before the post season. I know berman was awesome but I just don't trust NY judges generally especially around playoff time

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It takes awhile.. Even an "expedited hearing" which people are saying would be denied by the Court..

I just thought of a 2016 Presidential campaign issue.

This case goes to the Supreme Court and voters are wondering if their candidate would appoint a justice that is pro-Brady or not.

"Roger Goodell needs to drop this before it gets ugly for everyone."
-Screaming A Smith

*Not an actual quote

PATSNUTme said:

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

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"I told you I'm doing it for the integrity of the game. Nobody has done more for the integrity of the game than me why won't you listen to me?"

Somebody posted a copy of an appeal filing in a thread the other day and one of the lawyers stated it was a pro forma filing that doesn't mean they would ever actually appeal, but it checked the box to beat a deadline to give courts notice. 'Preserved their right to appeal' I think we're the words he used.

I see nfl's future appeal at this point in the same light, just a placeholder for an action that will never happen. Go-to-hell is all about the optics, he has to say he will appeal and go thru the motions in order to be able to go on bspn and say 'Tom is still guilty, but regrettably it is not worth the time and effort and money to continue this'.

Another reason that it will never happen, is that appeal courts DONT TAKE ALL CASES. I don't know the percentage, probably higher than the supremes- but the SC only take about a dozen of the 100 or more ?? that get filed. So even if roger is serious about appealing (seriously deluded IMO), I seriously doubt a circuit court would ever take it.

IMO the court trail is dead on this track. May the defamation suits begin !!!

Gumby said:

Another reason that it will never happen, is that appeal courts DONT TAKE ALL CASES.

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Yes, they do. The federal Circuit Courts of Appeals have no discretion -- they are required to hear all cases appealed to them.

SCOTUS, by contrast, has discretion (in most cases) as which cases it hears.

ANGR89 said:

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

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If they are serious it will take them a while to file it (don't know without looking how fast they have to file an appeal, but it's usually between 14 and 30 days), then Brady's team gets a chance to respond and/or file their own appeal, then there will be a briefing schedule, then the circuit will take forever to hear it (i.e. schedule it for oral argument) and make a final decision. If they actually go through with an appeal (HELLO other 32 OWNERS, how about calling off this charade already?), I predict it will probably not be heard, and certainly won't be decided, until after the season. Appeals courts are notoriously slow, particularly ones like the 2nd ciruit, that are very busy.

Blackluck said:

Only if they ask for an injunction against Berman's ruling, which would be insane.

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I heard that they already decided against that.

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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My biggest hope is that Brady retires before it works its way through the court system. They're saying it could go on another two years, which would make that possible.