I've lost count of the number of times I've seen Tom beat the odds. He's rewriting that book.
This entire case has been bizarro in bucking the odds
The NFL strikes first and files in NYC to avoid the 8th circuit and argues the courts have no jurisdiction or role aside from affirming that Roger can do what he wants
The issues were only meant to be focused on the CBA granting Goodell the authority he asserts, with no burden of proof or fairness to be followed
Berman says "not so fast" and asserts that, yes, no matter how broad the authority a CBA might grant, it does not abdicate the NFL a responsibility to demonstrate basic fairness - a sad irony that this is a matter involving sport, which itself is dependent on fairness
Then the 2nd circuit arguments - which again were meant to focus not on the facts of the case but on the legality of Berman's insistence that the NFL have an obligation to be fair
In this case, two of the judges, likely in an effort to demonstrate their "high deference" to what they apparently are willing to assume is a fair and independent arbitrator, make a point to affirm the NFL's version of the facts, right or wrong, and find against Brady, with the Chief Judge of the court dissenting
It seems to me that those Judges didn't even bother to consider Berman's legal arguments, asserting right from the start that they can and should only assume that Goodell's version of the truth is the valid one, despite being based on a belief that the Laws of Physics do not apply to the NFL
No matter how slim the chances of the full 2nd circuit taking this up, I have a funny feeling that we may even see this go all the way to the Supreme Court
The NFL may have a unique CBA with the players, but there are basic issues of fairness and adherence to standard CBA principals at risk here, and it will be a sad day for the Judiciary if they affirm a finding that arbitrators - not to mention the NFL itself - has no legal responsibility to even pretend to be fair, on the field or off