Oinko
On the Game Day Roster
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CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.I don't think its at all possible to overrule Berman on whether notice was given or not. So I guess that the notice was not required would be one way, I'd be absolutely stunned.
Worth another post:
View attachment 10294
Might not be the best pic to use given what ultimately happened to the dude with the sword.
no so well for the Vulcans, though .Lol yeah, didnt think about that. Ok, alternate universe version then. It worked for star trek
Why do you think it's not possible? The NFL argued that the standard player contract gives notice, and having looked at the section in question that is not a completely unreasonable argument. Berman disagreed. But there's nothing stopping the CA2 panel that gets this case from disagreeing with Berman.
And in generally there are no findings/interpretations of law a district court judge can make that are somehow intrinsically protected from being overruled by the circuit court.
I believe the fact that the Judge listed these other grounds that he didn't even have to reach is good for Brady. He's subtly setting up a few things: 1) telling the NFL (and perhaps further appellate judges) the NFL could have lost even worse; 2) in the unlikely event that Berman is overturned on appeal, that there are other issues that should come back to him on remand (rather than just vacating Berman's award). It's subtle legal maneuvering on the part of the Judge, IMO, but it's favorable to Brady.
That's why they pay me the big bucks, LOL.Kudos, you beat Florio to this point by a good few hours.
Do you really think notice had been given to Brady or anyone else that they could be punished for being "generally aware"? Don't be foolish. The appeal has no shot.
INTEGRITY OF GAME. Player recognizes the detriment to the League and professional football that would result from impairment of public confidence in the honest and orderly conduct of NFL games or the integrity and good character of NFL players. Player therefore acknowledges his awareness that if he accepts a bribe or agrees to throw or fix an NFL game; fails to promptly report a bribe offer or an attempt to throw or fix an NFL game; bets on an NFL game; knowingly associates with gamblers or gambling activity; uses or provides other players with stimulants or other drugs for the purpose of attempting to enhance on-field performance; or is guilty of any other form of conduct reasonably judged by the League Commissioner to be detrimental to the League or professional football, the Commissioner will have the right, but only after giving Player the opportunity for a hearing at which he may be represented by counsel of his choice, to fine Player in a reasonable amount; to suspend Player for a period certain or indefinitely; and/or to terminate this contract.