Brady Second Circuit Judges: Parker, Katzmann, Chin

robertweathers said:

So you have the Chief Judge and two other high-powered, well respected US Federal Court judges of the 2nd district that preside over major, major cases on a daily basis and are one promotion away from the US Supreme Court and now they need to hear a labor law dispute in which it's genesis is born from deflated footballs caused by atmospheric conditions and driven by an agenda-driven idiot commissioner and bratty owners.

So f***ing stupid it's embarrassing. I can't even begin to think how other countries around the world perceive this madness.

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The Supreme Court heard **2** cases from the Anna Nicole Smith divorce. Why? Because there were very important principles involved that had wide ranging ramifications.

Same thing applies here. There is an important, wide ranging principle regarding the authority of arbitrators and the overall question of impartiality within arbitration processes.

AndyJohnson said:

Actually, like many important cases, while the heart of the matter is silly, there are important legal ramifications.
Look at it this way. They are setting precedent for the rights of unionized workers. If a unionized $12 an hour unskilled worker gets fired for something they didn't do, because the boss of the company decided he could create his own set or rules for infractions that he decided he wanted to. So, wearing the wrong shoes could be determined to be putting employees at risk and even though the prescribed penalty for wearing the wrong shoes is a fine, the owner could say that she is fired because its 'conduct detrimental to the company'.
THAT is what judges are looking at when they rule, the far reaching impact of the decision as precedent, not specifically the impact on just the parties involved or the silliness of the dispute.

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It goes beyond unions but yes you are correct.

robertweathers said:

So you have the Chief Judge and two other high-powered, well respected US Federal Court judges of the 2nd district that preside over major, major cases on a daily basis and are one promotion away from the US Supreme Court and now they need to hear a labor law dispute in which it's genesis is born from deflated footballs caused by atmospheric conditions and driven by an agenda-driven idiot commissioner and bratty owners.

So f***ing stupid it's embarrassing. I can't even begin to think how other countries around the world perceive this madness.

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It can get a lot worse.

This could go to the Supreme Court after NFL loses the appeal.

The Brandon Five said:

I hope the NFL counsel digs in like last time, taking the position that Article 46 entitles them to do whatever they want to any player. Sure to impress.

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I anticipate both the content and presentation of the NFL's argument to be significantly improved from the debacle in front of Judge Berman.

XLIX said:

The Supreme Court heard **2** cases from the Anna Nicole Smith divorce. Why? Because there were very important principles involved that had wide ranging ramifications.

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...another baseless case made by a dead-from-the-neck-up idiot.

XLIX said:

Same thing applies here. There is an important, wide ranging principle regarding the authority of arbitrators and the overall question of impartiality within arbitration processes.

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I think people are taking what I said in the wrong direction.

The case and argument itself is legit. The genesis of this case is embarrassing and never should have gone this far.

Biffins said:

It can get a lot worse.

This could go to the Supreme Court after NFL loses the appeal.

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Good luck with Kiki Ginsburg, Roger...

Makes Darth Vader look like Mr. Rogers.....

Happy it's Chin ... definitely did not want Sum Ting Wong.

robertweathers said:

It goes beyond unions but yes you are correct.

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Well since the case is about arbitration of the discipline of a unionized employee under a CBA, no, it really doesn't go much beyond that.
The entire case is ONLY about the arbitration award, between employer and CBA'd unionized employee, so it has no precedent on cases other than arbitration awards between employer and CBA'd unionized employee.

IcyPatriot said:

Happy it's Chin ... definitely did not want Sum Ting Wong.

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Or Sum Dum Fuk

There have been discussions about Parker and Chin already in this thread. Here's the Wikipedia bio of Katzmann, the Chief Judge.

Robert Katzmann - Wikipedia, the free encyclopedia

Key points:
- a Fellow of the Governmental Studies Program of the Brookings Institution (bills itself as non-partisan but outsiders think has a liberal bent)
- Perceived to be on President Obama's list of potential Supreme Court nominees
- Served as special counsel to Senator Daniel Patrick Moynihan on the Supreme Court confirmation of Justice Ruth Bader Ginsburg
- "The New York Times has reported on Judge Katzmann’s efforts to foster effective pro bono representation of the immigrant poor with worthy claims, and the study group he launched to that end. He conceived of and sparked the creation of the Immigrant Justice Corps, the country's first fellowship program dedicated to meeting the need for high-quality legal assistance for immigrants, described in a New York Times editorial as "a groundbreaking effort."
- Retired Supreme Court Justice John Paul Stevens has praised a book he wrote; in the book, "Critiquing textualism, Katzmann argues that when interpreting the laws of Congress, courts should respect the legislative materials Congress thinks are important, so as to better understand legislative meaning and purposes"

From my perspective, this guy sounds like no friend to the NFL. Hope I'm right....

Hammer of Thor said:

There have been discussions about Parker and Chin already in this thread. Here's the Wikipedia bio of Katzmann, the Chief Judge.

Robert Katzmann - Wikipedia, the free encyclopedia

Key points:
- a Fellow of the Governmental Studies Program of the Brookings Institution (bills itself as non-partisan but outsiders think has a liberal bent)
- Perceived to be on President Obama's list of potential Supreme Court nominees
- "The New York Times has reported on Judge Katzmann’s efforts to foster effective pro bono representation of the immigrant poor with worthy claims, and the study group he launched to that end. He conceived of and sparked the creation of the Immigrant Justice Corps, the country's first fellowship program dedicated to meeting the need for high-quality legal assistance for immigrants, described in a New York Times editorial as "a groundbreaking effort."
- Retired Supreme Court Justice John Paul Stevens has praised a book he wrote; in the book, "Critiquing textualism, Katzmann argues that when interpreting the laws of Congress, courts should respect the legislative materials Congress thinks are important, so as to better understand legislative meaning and purposes"

From my perspective, this guy sounds like no friend to the NFL. Hope I'm right....

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Given the NFLs case and how shallow it is, perhaps the only judicially friendly venue for the NFL would be a one on one with Clarence Thomas.

QuantumMechanic said:

The oral arguments are set for 2pm next Thursday (3/3).

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I'm assuming transcripts will be made public from that court date, would you know if that's the case or not?

JarOfMayo51 said:

I'm assuming transcripts will be made public from that court date, would you know if that's the case or not?

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They should be public later that day. You could probably go to the actual argument if you wanted to, however, I suspect the court room will be packed with reporters.

AndyJohnson said:

Well since the case is about arbitration of the discipline of a unionized employee under a CBA, no, it really doesn't go much beyond that.
The entire case is ONLY about the arbitration award, between employer and CBA'd unionized employee, so it has no precedent on cases other than arbitration awards between employer and CBA'd unionized employee.

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I don't believe so. I believe whoever wins/loses this opens/closes the door for non-unionized workers who are suspended from their jobs without cause or notice to have a legal precedent to seek back-wages or any other punitive damages from their employer.

Judge Parker: Mr. Wells, what you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent report were you even close to anything that could be considered a rational thought. Everyone in this nation is now dumber for having read your report. I award you no points, and may God have mercy on your soul.

Ted Wells: Okay, a simple "wrong" would've done just fine.

If Brady wins, it will be my first Chin semi in 25 years:

Biffins said:

It can get a lot worse.

This could go to the Supreme Court after NFL loses the appeal.

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I'd be shocked if the SCOTUS grants cert on this if Berman's decision is affirmed. Enough is enough!

YOUGOTMOSSED said:

I'd be shocked if the SCOTUS grants cert on this if Berman's decision is affirmed. Enough is enough!

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If they do it'll be a complete embarrassment and you have to question their priorities and understanding of their true purpose.

It could take years for the Supreme Court to hear this case, in the event that they actually agree to it. By that time, there could be a new CBA anyway, which would make a lot of these issues moot.

letekro said:

I anticipate both the content and presentation of the NFL's argument to be significantly improved from the debacle in front of Judge Berman.

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They already submitted the brief and it was no better. Clement may get some deference but my understanding is that oral arguments are under a half hour so they won't play a major role.