Once the 2nd circuit renders its decision can there be more appeals? And if it went against TB would he and the NFLPA appeal again?
Depends on exactly what the CA2 panel rules.
Berman was presented with (IIRC) 7 reasons why he should vacate the suspension. He ruled on (IIRC) 4 of them (all in favor of Brady) and then concluded that given those decisions there was no need to even consider the rest (it is pretty common for judges to do that -- once they've decided enough to decide the case they won't reach other unnecessary stuff).
The CA2 panel can do a bunch of things:
- Uphold all of Berman's rulings and do nothing else, then:
- Case is then over at CA2 panel level
- Uphold some, but not all of them, then:
- Remand the case back to Berman, or alternatively
- Decide some but not all issues not considered by Berman and remand to Berman, or alternatively
- Decide all issues not considered by Berman, thus ending the case at the CA2 panel level (according to a lawprof friend that is "disfavored" appellate behavior).
- Uphold none of them, then:
- Remand the case back to Berman, or alternatively
- Decide some but not all issues not considered by Berman and remand to Berman, or alternatively
- Decide all issues not considered by Berman, thus ending the case at the CA2 panel level.
Regardless of what the CA2 panel decides, whichever party or parties aren't satisfied by the decision can ask the entire CA2 to rehear the appeal
en banc (meaning all the CA2 judges participate). It's unlikely that would be granted. If it were granted the panel decision would be voided and then the
en banc court would eventually do one of the same things from the list above.
Once
en banc is either refused or happens and renders a decision we are done at the CA2 level for the time being -- we have achieved a final decision from CA2.
Then any party or parties that are dissatisfied with the final CA2 decision can ask SCOTUS to hear the case. If SCOTUS refuses, then the final CA2 decision -- whatever it is -- becomes final.
However, that doesn't necessarily mean we're done since that final decision may include a remand to Berman.
If so, Berman will hold more hearings and (a) try to find alternative grounds to continue to stick with any of his rulings that were overturned from above, and (b) now consider for the first time any of the previously-unconsidered issues that were not decided by courts above him.
Then whatever Berman decides from
that round of hearings goes back up the same food chain should a party or parties choose to appeal it. Depending on what CA2 and possibly SCOTUS decide this second time around that could (and probably would) finally end it all or it could come back to Berman yet again and we could get a third Berman decision and a third appeal.
