NFL files its opening brief in Deflategate appeal.

Bobsyouruncle said:

They may not address this in court, but this was the basis of the memorable exchange with Berman about inferences. I would like a repeat.

What evidence do you have he liked deflated balls?

You can infer from this text saying he wants them at 12.5.

You can't infer that.

Click to expand...

How is 12.5 psi "deflated"?

Clement lists the CBAs for MLB, NBA, and NHL in his brief. All of those organizations have independent arbiters for their appeals.

**** the NFL....that's all I got

smurfalarm said:

seems incredibly irrational to me..

The whole thing seems crazy.

Click to expand...

For everyone apart from rabid anti-Pats people and those who (understandably) have more important things to pay attention to--so, that is, everyone who's paying attention to this with even an ounce of objectivity--this went off the rails to crazy town a long time ago.

I realize we've all thought about/gone over this a million times, but again: the NFL is bringing every possible resource they can possibly muster against the league's top player, and one who has never represented himself or the league with anything but the utmost professionalism and class. On the suspicion that a ball boy may have altered the pressure of some balls past the time when you're supposed to. Which most evidence suggests he didn't. Which if he did would be a minor fine for an equipment violation according to NFL rules.

But here we are. And not to get all this is the downfall of society on you, but it's hard not to see this as an incredibly disturbing sign of the times we live in. That an incompetent buffoon like Goodell heads a major organization? Eh, that's happened throughout history. More that there isn't an overwhelming public outcry against this. But we live in an increasingly petty time, where genuine achievement and greatness is not something to be admired and strived for, but torn down. Where envy, excuses and playing the victim rule the day. Pretty freaking sad.

BTW, keep in mind that the briefing schedule the NFL proposed in September -- that the NFLPA also agreed to -- had the NFL's opening filing deadline being 26 October. And remember that lawyers, especially in big cases, almost never file before the deadline.

So the NFL filing the brief yesterday -- the 26th -- had little to do with how well or not the Pats or Brady are doing.

(For the record, the NFLPA answer brief deadline is 7 December and the deadline for the NFL reply brief is 21 December).

Marko said:

They used their lawyer speak and said all the Colts balls measured ok if you used the higher reading gauge.

Click to expand...

Wouldn't that also make the Pats balls readings fall in the expected range as well, then?

JMC00 said:

But they will eventually get embarrassed when the bring it to the SCOTUS and lose.

Click to expand...

Lose? It will NEVER be heard by SCOTUS. Do you really think the Supreme Court has time to listen to issues like this. Personally I'd love it to be heard by the highest court in the land. It would just further the embarrassment of a man I'd love to have embarrassed in front of the entire country......AGAIN. But JMC, its just isn't going to happen.

aluminum seats said:

For everyone apart from rabid anti-Pats people and those who (understandably) have more important things to pay attention to--so, that is, everyone who's paying attention to this with even an ounce of objectivity--this went off the rails to crazy town a long time ago.

I realize we've all thought about/gone over this a million times, but again: the NFL is bringing every possible resource they can possibly muster against the league's top player, and one who has never represented himself or the league with anything but the utmost professionalism and class. On the suspicion that a ball boy may have altered the pressure of some balls past the time when you're supposed to. Which most evidence suggests he didn't. Which if he did would be a minor fine for an equipment violation according to NFL rules.

But here we are. And not to get all this is the downfall of society on you, but it's hard not to see this as an incredibly disturbing sign of the times we live in. That an incompetent buffoon like Goodell heads a major organization? Eh, that's happened throughout history. More that there isn't an overwhelming public outcry against this. But we live in an increasingly petty time, where genuine achievement and greatness is not something to be admired and strived for, but torn down. Where envy, excuses and playing the victim rule the day. Pretty freaking sad.

Click to expand...

It has "PC culture" mentality written all over it.
Your rights end where my feelings begin.

The Brandon Five said:

Wouldn't that also make the Pats balls readings fall in the expected range as well, then?

Click to expand...

Not if you move the goal posts back to regulation psi range. Note: the 5th Colts ball tested was below regulation on both gauges, but they're leaving that out of their brief.

patfanken said:

Lose? It will NEVER be heard by SCOTUS. Do you really think the Supreme Court has time to listen to issues like this. Personally I'd love it to be heard by the highest court in the land. It would just further the embarrassment of a man I'd love to have embarrassed in front of the entire country......AGAIN. But JMC, its just isn't going to happen.

Click to expand...

I imagine that this may be the impetus behind bringing in the heavy legal guns. They need someone with serious juice just to convince the SCOTUS to waste time hearing this dogsh*t.

Brady_to_Moss said:

**** the NFL....that's all I got

Click to expand...

"You know, NFL."

Here is a point that I think we are missing here. When the league took the case to the 2nd district, this issue in dispute had NOTHING to do with the guilt or innocence of Tom Brady. When the judge ruled, the reasons he gave for his ruling had NOTHING to do with the guild or innocence of Tom Brady. Why then in their filing does the league go out of their way to make such a big deal about their belief in the guilt of Tom Brady, when it is something the appeals panel has NO interest in and can't rule.

It's nothing more than ANOTHER PR attack on Brady and the Pats......and I'm thrilled about it. I'm thrilled that Goodell chose to be so blatantly stupid and spend millions of of owners money to fight this losing battle. I'm thrilled because I hope it convinces Tom Brady that Goddell and his obsessed cronies will do anything to destroy him and his legacy, and thus drive Brady to file that winnable defamation suit he has available to him.

A defamation suit is the ONLY way he gets his name truly cleared. What's going on in the 2nd circuit is just dealing with the legal technicalities of Goodell's over stepping of the arbitration process. It is going to have nothing to do with the issue of Brady's guilt or innocence. Even after Brady finally wins this, the haters and Pats fans trollers can still make their nonsensical, unsubstantiated smears, by saying he got off on a "technicality"

With a defamation suit Brady's innocence WILL be the issue. Goodell Kensil,Welles, Pash, and the rest of the Jets alumni mafia will have to get on the stand in open court to explain THEIR actions. THEIR cell phones and electronic media history will be made open to the public. ESPN will have to explain their inexplicable actions as to their biased reporting of this scandal. The entire "investigative process" will be open to public scrutiny

Defamation suits are a very difficult suit to win....in most cases. However the incredibly malicious and stupid actions of the NFL league offices have made this one very winnable.

To win a defamation suit you have to prove a financial loss. You have to prove the allegation is false. You have to prove the allegation was made maliciously, even after the party knew it was false. Like I said, not easy

However just the info we already know about the science, NFL lies and maleficence, and the emails Berman released makes this winnable. Think about how much more the Brady team will uncover after depositions, discovery, expert testimony, etc. It will be the scandal to end all scandals. And Goodell is THAT stupid that he invites it on himself by continuing the personal attack on Brady and literally forces him to defend himself.

I LOVE it. Think about all the charities that Brady supports will benefit hundreds of millions of dollars.
Like I said at the start I am THRILLED that the NFL blunder so badly again. It will be well worth a little bit of Hater pain and frustration, Goodell's PR campaign will bring in the long run

Please Brady, Unleash Hell!

Let this be the impetus to Fry the Fins and go 19-0.

This effin' douchebag.... I can't stand him! Goodell is absolutely the worst thing to happen to football

aluminum seats said:

................... But we live in an increasingly petty time, where genuine achievement and greatness is not something to be admired and strived for, but torn down. Where envy, excuses and playing the victim rule the day. Pretty freaking sad.

Click to expand...

An observation which is so true it should sadden us all.

smurfalarm said:

A fair point. And the subsequent refusal to negotiate in good faith in the face of a federal judge broadcasting a ruling to overturn their discipline, and then doubling down and hiring one of the five most prominent lawyers in the country to argue a likely losing case in the appeal, seems incredibly irrational to me. Maybe at some point the NFL choose to stop negotiating in good faith because they desperately wanted to avoid a precedent of players using the threat of lawsuit to negotiate every discipline decision and did not want to be seen as rewarding Brady for suing the NFL, and they got ****y about their chances in court. Or maybe they wanted to look tough and not back down even though they knew the decision wasn't going to go their way. The whole thing seems crazy.

Click to expand...

I can't see anyone disagreeing with the bolded above.

I do think the precedent is at the heart of the matter for the league but weren't there negotiations prior to the appeal before Goodell? That would have been the time to offer a fair compromise - and they had to know that Brady was taking them to court (thus the attempt at preemption).

I think this all started, obviously not with good intentions, but the idea that it was necessary for league integrity. Keep in mind, this is before anyone in power even dreamed that science was involved. Since then, I think there have been many moments where this could have been tamped down and minimized but ego and stubbornness and yes, hatred, always got in the way. I think the whole thing became a runaway train with no one at the controls. At a certain point, the people involved felt they would lose too much by dropping or minimizing the affair. Their egos are their undoing.

Ironically, Berman's decision was the perfect place to stop. They could still argue they lost on a technicality, they were looking out for league integrity (I'm seriously throwing up in my mouth every time I type that), and the Patriots just got away with one but we'll be on the lookout from now on. But instead of that, they are taking a losing case to the next level for more money and more embarrasment. Do you think they would be pursuing this if this was their money they were throwing away?

Chiuba E. Obele said:

This effin' douchebag.... I can't stand him! Goodell is absolutely the worst thing to happen to football

Click to expand...

Yet the appeal is full of slandering of what brady did...no longer "may have done" but complete absolute statements about him scheming know publicly for years.

SVN said:

Yet the appeal is full of slandering of what brady did...no longer "may have done" but complete absolute statements about him scheming know publicly for years.

Click to expand...

The crazy part of those quotes is that if it was publicly known for years, why didn't the NFL stop it years ago ? This is the problem with lying and making stuff up, you lose track of your lies and can't get the ends to fit together. I hope Goodell dies a torturous death . . . soon.

Goodell is on espnradio this AM ?

SVN said:

Goodell is on espnradio this AM ?

Click to expand...

Check out this quote :

LyingAsshole said:

We’re not going to allow that kind of decision to stand

Click to expand...

I wonder if Goodell understands it's not up to him anymore what is allowed. F*ck him.

Roger Goodell not backing down with Deflategate: ‘We’re not going to allow that kind of decision to stand’