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Florio: Judge Berman put a poison pill in his ruling


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But as I am about to post in the other Florio thread about the appeal, you can all relax because there is no way on gods green earth Second Circuit is going to overturn this decision. Take that one to the bank.
 
I hesitate to post this because it's going to burst the bubble of this thread, but those three points that Berman threw out at the end are not a poison pill. The last thing Berman wants is for this case to be remanded to him. Trust me on that. He threw out those three points because they were the weakest parts of the case for Brady, and in particular, the first point deals with factual findings which he is not allowed to make and would have been reversed perhaps if he had.

Your two alternatives are not mutually exclusive. Berman ruled on the strongest grounds, enough to in his opinion make a successful appeal very unlikely, but then called out additional issues too.

Well, if his decision gets overturned, then maybe he was wrong as to which the strongest grounds are.
 
I'm starting think about this if I am Judge Berman... we know that he did not think this case belonged in court. He has stated that he always wants parties to settle because he doesn't want to waste tax dollars and court time that should be spent on more important things. For that reason, in fact, there was speculation he would rule for Goodell to avoid having too many arbitration appeals coming to federal court.

Now, here's a guy who is already kind of pissed that a silly issue like this is taking up the court's time, and then on top of that, Goodell is basically identified as a serial offender who wastes the time of courts all over the country and then is pistol whipped by one judge after another. How he could lose four cases in federal court yet still have such incredible flaws in his process must infuriate Berman. The arrogance of blatantly disregarding prior judicial orders and basically giving the finger to each judge, then appealing and assuming in the meantime that he will win so can go back to doing whatever he wants....you have to that Berman realizes this. Then on top of everything, we know Berman has clear doubts about Brady's actual guilt, which he states, yet Goodell gives what was described by Michael McCann as one of the worst offers he has ever seen for a settlement. Meanwhile, Brady is clean as a whistle, perhaps even innocent, and will willing to take a one game suspension so not to waste the court's time.

In that context, it would make sense that Berman would put in a poison pill. Goodell really is an exception case, a serial abuser who has no respect for the judiciary system. Goodell simply should not have been in court again over the same issues he has already been called out for by other judges. It is such a slap in the face; the guy truly has a god complex. His arrogance is difficult to properly express because it is so off-the-charts. He truly does believe he is above the law and is incredibly stubborn.

I would think that appellate judges would also be appalled by Goodell.
 
One more reason why I think this will case will be being taught in law classes 30 years from now. Maybe the NFL won't mind its cases being judged in MN by Doty in the future; they might lose them there, but at least they do not get absolutely destroyed like Berman did to them. Every future NFL suspension now has a fair chance to get taken to court after this ruling. Surely the owners have to see the festering pool of incompetence that is their head office, even if they are willing to ignore the corruption as benefiting themselves.
 
One more reason why I think this will case will be being taught in law classes 30 years from now. Maybe the NFL won't mind its cases being judged in MN by Doty in the future; they might lose them there, but at least they do not get absolutely destroyed like Berman did to them. Every future NFL suspension now has a fair chance to get taken to court after this ruling. Surely the owners have to see the festering pool of incompetence that is their head office, even if they are willing to ignore the corruption as benefiting themselves.

Fair to say the NFL got Bermanated ?
 
According to Florio, Judge Berman didn't rule on several of Brady's arguments just in case the NFL wins the appeal. Then it woud go back to Berman and he could rule on those issues and then send the NFL back in the appeals process. This could tie this up in court for years.

http://profootballtalk.nbcsports.co...ans-ruling-may-contain-a-warning-for-the-nfl/

Unanimously affirmed in 2nd Dept, cert denied Supreme Court. Defamation suits a-comin shortly thereafter.
 
What bugs me are the talking heads, more so those with legal degrees who were spouting the pablum that " the judge did not address the facts or say Brady was innocent" . Berman couldn't because under the law he could only address the process, not the facts. That is why the analysis began with a sentence stating we accept the facts as in the record. To do otherwise would set him up to be overturned. The legal talking heads ( Munson excluded) had to know this but it did not fit their agenda so they ran with it...
 
I'm starting think about this if I am Judge Berman... we know that he did not think this case belonged in court. He has stated that he always wants parties to settle because he doesn't want to waste tax dollars and court time that should be spent on more important things. For that reason, in fact, there was speculation he would rule for Goodell to avoid having too many arbitration appeals coming to federal court.

Now, here's a guy who is already kind of pissed that a silly issue like this is taking up the court's time, and then on top of that, Goodell is basically identified as a serial offender who wastes the time of courts all over the country and then is pistol whipped by one judge after another. How he could lose four cases in federal court yet still have such incredible flaws in his process must infuriate Berman. The arrogance of blatantly disregarding prior judicial orders and basically giving the finger to each judge, then appealing and assuming in the meantime that he will win so can go back to doing whatever he wants....you have to that Berman realizes this. Then on top of everything, we know Berman has clear doubts about Brady's actual guilt, which he states, yet Goodell gives what was described by Michael McCann as one of the worst offers he has ever seen for a settlement. Meanwhile, Brady is clean as a whistle, perhaps even innocent, and will willing to take a one game suspension so not to waste the court's time.

In that context, it would make sense that Berman would put in a poison pill. Goodell really is an exception case, a serial abuser who has no respect for the judiciary system. Goodell simply should not have been in court again over the same issues he has already been called out for by other judges. It is such a slap in the face; the guy truly has a god complex. His arrogance is difficult to properly express because it is so off-the-charts. He truly does believe he is above the law and is incredibly stubborn.

I would think that appellate judges would also be appalled by Goodell.

Totally agree. I'd just add the absolutely positively ridiculous bit about the NFL filing the original court papers to start this process, then spending the past few weeks telling the judge he has no business interfering with this.

Good job guys.
 
Goodell,if has had one tenth...one one thousandth, the honor of Brady, would tender his resignation today
 
What bugs me are the talking heads, more so those with legal degrees who were spouting the pablum that " the judge did not address the facts or say Brady was innocent" . Berman couldn't because under the law he could only address the process, not the facts. That is why the analysis began with a sentence stating we accept the facts as in the record. To do otherwise would set him up to be overturned. The legal talking heads ( Munson excluded) had to know this but it did not fit their agenda so they ran with it...

So right, it annoyed me also. It's like criticizing the Celtics for never winning the Stanley Cup.
 
So right, it annoyed me also. It's like criticizing the Celtics for never winning the Stanley Cup.


As Ben Violin would say, that's a fair criticism. Tanguay seconds it.
 
BTW:

Kessler/NFLPA: 5-0
columbia-university-usa

Pash/NFL: 0-5
6a00d8341c4eab53ef017ee6b8f475970d-200wi
Perhaps CBS can come out with a new show called "New York 0-5."
 
another liberal activist judge who just loves unions

just what our nation needs in these perilous times

makes me yearn for the days before we handed the country over to the lawyers and progressives
 
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another liberal activist judge who just loves unions

just what our nation needs in these perilous times

makes me yearn for the days before we handed the country over to the lawyers and progressives

How was this decision an activist decision? Judge Berman didn't try to write new case law or base his ruling on personal opinions or political leanings or anything but the law. His ruling was based on existing "law of shop" laws and the fundamental fairness doctrine.
 
I heard on the radio federal judges are over turned only 7.5% of the time. Gotta like those odds.
 
How was this decision an activist decision? Judge Berman didn't try to write new case law or base his ruling on personal opinions or political leanings or anything but the law. His ruling was based on existing "law of shop" laws and the fundamental fairness doctrine.

Had to click "show ignored content" to see who you were responding to, he's a felger die hard fanboy troll
 
I heard on the radio federal judges are over turned only 7.5% of the time. Gotta like those odds.

and apparently Berman is overturned even less
 
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