Florio: Judge Berman put a poison pill in his ruling

james87654 said:

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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Save that political Bull **** for the poly forum. This crap doesn't belong here.

Rob0729 said:

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.

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our country has become obsessed with "fairness"

everything has to be "fair"

i have been accused and punished for things that i didnt do a few times in my life

by my parents.....by teachers......by bosses

it wasnt "fair".........but i sucked it up and kept moving forward anyway

i didnt have any legal recourse......suing wasnt an option......and it taught me a valuable life lesson

sometimes even when the boss is wrong, they're still right....because thats how authority works in this world

i just feel bad for the young people of today who think they can get a lawyer every-time they feel aggrieved

someday the reality that life isnt fair is gonna hit them like a ton of bricks and they arent gonna have the reservoir of mental fortitude built up that i did

james87654 said:

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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As a wise man once said, "you get the union you deserve."

james87654 said:

our country has become obsessed with "fairness"

everything has to be "fair"

i have been accused and punished for things that i didnt do a few times in my life

by my parents.....by teachers......by bosses

it wasnt "fair".........but i sucked it up and kept moving forward anyway

i didnt have any legal recourse......suing wasnt an option......and it taught me a valuable life lesson

sometimes even when the boss is wrong, they're still right....because thats how authority works in this world

i just feel bad for the young people of today who think they can get a lawyer every-time they feel aggrieved

someday the reality that life isnt fair is gonna hit them like a ton of bricks and they arent gonna have the reservoir of mental fortitude built up that i did

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So then you are saying you are okay with slavery and child trafficking?

JMC00 said:

So then you are saying you are okay with slavery and child trafficking?

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He's trying hard for #1 forum troll.

JMC00 said:

and apparently Berman is overturned even less

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Oh yeah?!...... Do you have a specific number?

JMC00 said:

So then you are saying you are okay with slavery and child trafficking?

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He's fine with anything that doesn't require him to develop any emotional intelligence muscle so he can join the rest of the adults who are trying to create and manage a civilization that finds the best compromises in a set of complex dilemmas and competing virtues.

james87654 said:

our country has become obsessed with "fairness"

everything has to be "fair"

i have been accused and punished for things that i didnt do a few times in my life

by my parents.....by teachers......by bosses

it wasnt "fair".........but i sucked it up and kept moving forward anyway

i didnt have any legal recourse......suing wasnt an option......and it taught me a valuable life lesson

sometimes even when the boss is wrong, they're still right....because thats how authority works in this world

i just feel bad for the young people of today who think they can get a lawyer every-time they feel aggrieved

someday the reality that life isnt fair is gonna hit them like a ton of bricks and they arent gonna have the reservoir of mental fortitude built up that i did

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As a troll, you got one response from me. I am done with your silliness.

james87654 said:

our country has become obsessed with "fairness"

everything has to be "fair"

i have been accused and punished for things that i didnt do a few times in my life

by my parents.....by teachers......by bosses

it wasnt "fair".........but i sucked it up and kept moving forward anyway

i didnt have any legal recourse......suing wasnt an option......and it taught me a valuable life lesson

sometimes even when the boss is wrong, they're still right....because thats how authority works in this world

i just feel bad for the young people of today who think they can get a lawyer every-time they feel aggrieved

someday the reality that life isnt fair is gonna hit them like a ton of bricks and they arent gonna have the reservoir of mental fortitude built up that i did

Click to expand...

FYI, just listened to profootballtalk live, and Florio was interviewing Kessler. Florio asked him why he thought Berman didn't rule on the other issues, and Kessler thought it was because of the short timeframe, but he also did say that if the 2nd circuit overturns Bermans ruling, it would go back to Berman to rule on those issues, and he could vacate it for them as well. Also, he said the 2nd circuit has the authority to rule on those as well. (actually, he didnt say "rule", he said "vacate it") He did clarify, that he didn't think they would overturn it, though.

so it does indeed sound like a poison pill

jpat said:

FYI, just listened to profootballtalk live, and Florio was interviewing Kessler. Florio asked him why he thought Berman didn't rule on the other issues, and Kessler thought it was because of the short timeframe, but he also did say that if the 2nd circuit overturns Bermans ruling, it would go back to Berman to rule on those issues, and he could vacate it for them as well. Also, he said the 2nd circuit has the authority to rule on those as well. (actually, he didnt say "rule", he said "vacate it") He did clarify, that he didn't think they would overturn it, though.

so it does indeed sound like a poison pill

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Yaaaayyy!!!

Being proven wrong has never felt better

james87654 said:

our country has become obsessed with "fairness"

everything has to be "fair"

i have been accused and punished for things that i didnt do a few times in my life

by my parents.....by teachers......by bosses

it wasnt "fair".........but i sucked it up and kept moving forward anyway

i didnt have any legal recourse......suing wasnt an option......and it taught me a valuable life lesson

sometimes even when the boss is wrong, they're still right....because thats how authority works in this world

i just feel bad for the young people of today who think they can get a lawyer every-time they feel aggrieved

someday the reality that life isnt fair is gonna hit them like a ton of bricks and they arent gonna have the reservoir of mental fortitude built up that i did

Click to expand...

Troll

james87654 said:

our country has become obsessed with "fairness"

everything has to be "fair"

i have been accused and punished for things that i didnt do a few times in my life

by my parents.....by teachers......by bosses

it wasnt "fair".........but i sucked it up and kept moving forward anyway

i didnt have any legal recourse......suing wasnt an option......and it taught me a valuable life lesson

sometimes even when the boss is wrong, they're still right....because thats how authority works in this world

i just feel bad for the young people of today who think they can get a lawyer every-time they feel aggrieved

someday the reality that life isnt fair is gonna hit them like a ton of bricks and they arent gonna have the reservoir of mental fortitude built up that i did

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That must be the same "mental fortitude" that led you in here for a good cry.


Your toughness is duly noted.

People who don't stand up for themselves are always considered mentally tough

Ivan said:

That must be the same "mental fortitude" that led you in here for a good cry.


Your toughness is duly noted.

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I feel like I'm missing something. Everyone's ripping on some troll, and I'm not seeing anything.

But yeah, anyone claiming Berman's guilty of judicial activism is an idiot. He ruled in accordance with a strict interpretation of federal law.

Seacoast Fan said:

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.

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Kessler on PFT Live said that he probably did not have enough time to rule on everything and that this would allow him to rule on these points if his ruling was overturned (or the Second Circuit could directly rule on these additional claims)

karguy85 said:

Kessler on PFT Live said that he probably did not have enough time to rule on everything and that this would allow him to rule on these points if his ruling was overturned (or the Second Circuit could directly rule on these additional claims)

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Talked to a lawprof friend of mine and he agreed that CA2 could rule on the points not addressed by Berman rather than remanding it to Berman to address them but added that an appellate court doing so is "disfavored", especially when time is not of the essence.

BradyFTW! said:

I feel like I'm missing something. Everyone's ripping on some troll, and I'm not seeing anything.

But yeah, anyone claiming Berman's guilty of judicial activism is an idiot. He ruled in accordance with a strict interpretation of federal law.

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James' MO is to just say stuff to get a reaction. He doesn't believe what he says, he believes what he says will get a reaction.

He'll gladly turn this political and argue either side just for the enjoyment of watching people argue.

In other words James has no life and gets no attention anywhere. So he comes here to get it. He is too stupid to just be a regular member and add something positive to the forum, so he acts like an imbecile, figuring negative attention is a lot better than no attention.

Must be a lonely sad existence to come to a message forum and troll for negative attention.

Palm Beach Pats Fan said:

wow, amazing if true. Will the NFL ever give up, though?

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Not as long as there are lawyers telling Roger Goodell what to do, and them billing him for doing it.

I'll take the lawyers' word for the significance of all of this, but if it is true, it's another example of why Judge Berman is everything I thought and wrote he was when I first heard of his appointment, studied his profile and checked out his reputation among my friends in the legal and media communities down here.

He is a no nonsense guy who will be very reasonable but who is not interested in the spotlight, has zero tolerance for nonsense and certainly has no time for weasels like Wells and Pash and Nash and whoever else crawls out from under their rocks when Roger whistles (or whatever you do to attract a weasel).

I keep referring you folks back to the AP article that was published without a byline by the NYT a few days after Berman's appointment. The author (a friend of mine at AP later told me that it was the AP beat reporter for the Federal Court) liberally quoted Chief Judge Loretta Preska of the SDNY, which suggested to me from the beginning that the article was a plant: Chief Judges of Federal District Courts don't give interviews to reporters unless they have a reason; in this case, I am almost certain she was sending a message for her friend Berman.

In the article, Preska says repeatedly that Judge Berman prefers the "scalpel of a Settlement" but will use a "Meat Clever" if he has to rule. The article then cited, with Preska's assistance, an instance of where Berman not only ruled with an iron fist, but rubbed it into the plaintiff who had refused to settle when he clearly should have done so. It looks like Berman has, in a similar manner, thoroughly ****ed over Goodell for not taking his obvious hints that the NFL should settle...hell, they weren't "hints" they were loud and clear.

And, BTW, the story of Berman's Ruling was first broken, if only by a few minutes, by the AP yesterday morning. Coincidence? I think not.