Wallach: Good Chance for re-hearing En Banc

SHOWTIME15 · Apr 25, 2016

Wallach: How Adrian Peterson Decision Could Potentially Save Tom Brady

but I believe this case, given its high profile, the dissenting opinion and the important issues affecting arbitration … [lean] highly in favor of a rehearing. So if any case is going to be reheard this year in the Second Circuit, I think this is going to be the one.

VectorPrime · Apr 25, 2016

I won't hold my breath.

Foxypats · Apr 25, 2016

We have been let down too many times, so right now I don't want to get my hopes up !

tatepatsfan · Apr 25, 2016

The fact that there is a dissent, by the chief judge no less, helps a bit. Note also that the Second Circuit has a reputation for rehearing far fewer cases en banc than most of its appellate counterparts. In 2010, en banc cases were only 0.03% of the total docket (that isn't a great statistic because it doesn't show the grant rate, but it still demonstrates how few and far between such rehearings are). And rehearings en banc in the Second Circuit are about 1/8 as frequent as the average among the other circuit courts of appeal.

http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=4965&context=flr

sb1 · Apr 25, 2016

The odds aren't zero but I wouldn't call it a "good" chance.

juny · Apr 25, 2016

if you learn anything from this stupid mess, it's that the process will just kick you in the groin when you think TB is going to get out of this

Gronkowski123 · Apr 25, 2016

no chance

upstater1 · Apr 25, 2016

I am this close to starting a thread titled "It's over."

Because I just read this stat: in the last 11 years, only 8 appeal cases were accepted by this district for an en banc review.

I'm not sure what Wallach is smoking, but these are the numbers.

Did the majority make mistakes and do sloppy work? Yes.

But at the end of the day, this is sports. Not life and death.

And the entire district is not going to take this up when it has better things to do.

I'm reminded of the New York Appellate court that sided with the vulture funds going after bankrupt Argentina. Totally out of its depth, it screwed up all the agreements Argentina made with creditors to pay them back on a realistic schedule. Argentina appealed for an en banc review: no go. Not accepted. And that is a case that actually impacts very impoverished people.

Froob · Apr 25, 2016

It doesn't seem to matter what evidence there is and isn't. Goodell could have admitted in court that Brady didn't do anything, his argument is total bull, ideal gas law explains everything and that he belongs in jail and the court would somehow go "well I don't know those texts!" and the NFL would still win.

BradyFTW! · Apr 25, 2016

upstater1 said:
I am this close to starting a thread titled "It's over."

Because I just read this stat: in the last 11 years, only 8 appeal cases were accepted by this district for an en banc review.

I'm not sure what Wallach is smoking, but these are the numbers.

Did the majority make mistakes and do sloppy work? Yes.

But at the end of the day, this is sports. Not life and death.

And the entire district is not going to take this up when it has better things to do.

I'm reminded of the New York Appellate court that sided with the vulture funds going after bankrupt Argentina. Totally out of its depth, it screwed up all the agreements Argentina made with creditors to pay them back on a realistic schedule. Argentina appealed for an en banc review: no go. Not accepted. And that is a case that actually impacts very impoverished people.

It isn't sports that's at stake here. It's arbitration law.

ForThoseAboutToRock · Apr 25, 2016

upstater1 said:
I am this close to starting a thread titled "It's over."

I'm not sure what Wallach is smoking, but these are the numbers.

I think the article title is misleading, given what the attorney's actual quotes were. Allow me to echo and agree with others. En banc is extremely unlikely and the Supreme Court granting cert. is even less so.

"it's over."

upstater1 · Apr 25, 2016

BradyFTW! said:
It isn't sports that's at stake here. It's arbitration law.

Let's not fool ourselves that this is setting any precedent.

There are parts of the decision that Gunn highlights in which the majority argues that a sports league in particular is different from other businesses because these decisions relate to conduct on the playing field. They state blatantly, "Only the league can adjudicate in matters such as this." In other words, this for them has more to do with matters of playing a game. Rules. Entertainment, etc.

cmasspatsfan · Apr 25, 2016

Better chance than zero but still not good, but what are the chances TB files a defamation suite to clear his good name, would love to see discovery if that happened, the NFL has more to hide than TB, this isn't over.

AllstonPatsFan · Apr 25, 2016

upstater1 said:
I am this close to starting a thread titled "It's over."

Because I just read this stat: in the last 11 years, only 8 appeal cases were accepted by this district for an en banc review.

I'm not sure what Wallach is smoking, but these are the numbers.

Did the majority make mistakes and do sloppy work? Yes.

But at the end of the day, this is sports. Not life and death.

And the entire district is not going to take this up when it has better things to do.

I'm reminded of the New York Appellate court that sided with the vulture funds going after bankrupt Argentina. Totally out of its depth, it screwed up all the agreements Argentina made with creditors to pay them back on a realistic schedule. Argentina appealed for an en banc review: no go. Not accepted. And that is a case that actually impacts very impoverished people.

There are some pretty radical legal implications that come from this decision today that go way beyond sports. They won't turn it down because it's sports. This ruling now applies to every unionized worker in the second circuit.

ivanvamp · Apr 25, 2016

Why are the odds long that SCOTUS would take up this case if brought before it? I get that it's "just sports", but it's not "just sports". We are talking about a major industry, and we are talking about U.S. labor law. This isn't about Brady being involved in the alleged deflation of footballs. This is about the rights of employees and the relationship between collective bargaining agreements and United States labor law. This kind of decision could impact all the major sports, and all situations where there are CBAs between employers and employees.

That it has major star power only adds to it.

EDIT: Or what AllstonPatsFan said about three seconds before me.

ausbacker · Apr 25, 2016

upstater1 said:
I am this close to starting a thread titled "It's over."

Because I just read this stat: in the last 11 years, only 8 appeal cases were accepted by this district for an en banc review.

I'm not sure what Wallach is smoking, but these are the numbers.

Did the majority make mistakes and do sloppy work? Yes.

But at the end of the day, this is sports. Not life and death.

And the entire district is not going to take this up when it has better things to do.

I'm reminded of the New York Appellate court that sided with the vulture funds going after bankrupt Argentina. Totally out of its depth, it screwed up all the agreements Argentina made with creditors to pay them back on a realistic schedule. Argentina appealed for an en banc review: no go. Not accepted. And that is a case that actually impacts very impoverished people.

Not that I am lawyer and not that I have any understanding of how your legal system works but what I find most interesting is judges appear to be willing to rubber stump the laws of man advocating a lack of fundamental fairness and the abuse of power ahead of the laws of nature. That's telling.

MassPats38 · Apr 25, 2016

ivanvamp said:
Why are the odds long that SCOTUS would take up this case if brought before it? I get that it's "just sports", but it's not "just sports". We are talking about a major industry, and we are talking about U.S. labor law. This isn't about Brady being involved in the alleged deflation of footballs. This is about the rights of employees and the relationship between collective bargaining agreements and United States labor law. This kind of decision could impact all the major sports, and all situations where there are CBAs between employers and employees.

That it has major star power only adds to it.

EDIT: Or what AllstonPatsFan said about three seconds before me.

It's more about selection criteria of the court than it is the importance of the issue. Disagreement among courts of appeals helps. So too does en bank determinations. The idea is let the courts of appeals manage the laws, until they start fighting each other. There are other criteria, and that's what makes it tough to get review there.

YOUGOTMOSSED · Apr 25, 2016

cmasspatsfan said:
Better chance than zero but still not good, but what are the chances TB files a defamation suite to clear his good name, would love to see discovery if that happened, the NFL has more to hide than TB, this isn't over.

At least Brady has the resources to pursue a defamation case and can now choose a venue. Certainly, a Massachusetts court will certainly be a bit more friendly than a NY one.

YOUGOTMOSSED · Apr 25, 2016

ausbacker said:
not that I have any understanding of how your legal system works

I'll sum it up for you . . . it doesn't.

ausbacker · Apr 25, 2016

YOUGOTMOSSED said:
I'll sum it up for you . . . it doesn't.

Don't worry, if man is involved, there can be no doubting it will be fundamentally flawed. In Australia, we're headed down our own slippery slope.

Wallach: Good Chance for re-hearing En Banc

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