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Alan Millstein: Brady's chances of en banc hearing dramatically improved with latest amicus filings


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Thanks for taking the time to not only respond, but to keep us all well informed....you freaking lunatic, you. :cool:

You, and the other attorneys are much appreciated in these trying times.

To clarify, Q is not an attorney. He cites knowledgeable attorney sources in his posts.
 
Sorry slash, he said end of NEXT week haha.

Either way it would be a big development, they aren't asking for a response from the NFL if they aren't going to grant the en banc hearing.
 
Either way it would be a big development, they aren't asking for a response from the NFL if they aren't going to grant the en banc hearing.

So you're confident if they ask for a response the hearing is pretty much a given?
 
So you're confident if they ask for a response the hearing is pretty much a given?


Yes.

74 and Quantum could give a more accurate take but imo they wouldn't ask the NFL to take that kind of action if they aren't heading to another hearing. These lawyers rack up big hourly charges and even though the NFL has more money than god the court wouldn't ask them to run up legal fees for no reason.
 
Yes.

74 and Quantum could give a more accurate take but imo they wouldn't ask the NFL to take that kind of action if they aren't heading to another hearing. These lawyers rack up big hourly charges and even though the NFL has more money than god the court wouldn't ask them to run up legal fees for no reason.

I gotcha, thanks for the response.
 
Yep, fair enough, maybe they don't like him, I don't know.


I don't believe their decision is going to be based upon who likes who, it's going to be based upon the strength of the legal arguments.
 
Yes.

74 and Quantum could give a more accurate take but imo they wouldn't ask the NFL to take that kind of action if they aren't heading to another hearing. These lawyers rack up big hourly charges and even though the NFL has more money than god the court wouldn't ask them to run up legal fees for no reason.
Not necessarily, if the nfl's brief was persuasive enough they could say no to en banc. I don't think the nfl's brief would be since they've been lying all along but that's what I've heard from lawyers. It would definitely mean they are seriously considering it though.
 
Until today I haven't commented on Brady's suspension or the legal ramifications since the day the 2nd circuit upheld the NFL's case. I was simply appalled by the stupidity, ignorance, and lack of common sense shown by 2 supposedly smart men who chose to ignore the truth and take the cowards way and simply "follow the law and precedent". That day I lost my faith in the judicial process, the NFL, and the greatness of America in general. It proved that "the big lie" could succeed at even the highest level. Hitler and Goebels' beliefs were affirmed....and nothing much since (including the presidential nominating season) has led me to believe anything has changed.

Finally today I read the original post about Fienstien's amicus brief and a ray of sunshine poured into my dark state of despair. After reading it I was reminded that this decision was a lot more important than just whether Tom Brady gets to play in the first four games this year. Much more important than righting a wrong perpetrated by the NFL, its jealous cadre of owners. on the Pats and Brady.

If left unchallenged this decision will SIGNIFICANTLY effect the general fairness of the arbitration process as a whole. It will allow the most powerful party to be the judge and arbiter both. It will allow them to change the terms of the arbitration at will. It will allow them to ignore evidence that proves innocence It will allow them to change the range of punishments at will. These are all things the NFL did in this case.

Previously I thought there was NO chance of this being sent back to be heard by the full panel of judges, and even LESS that it be heard by SCOTUS. But I was wrong. Wrong because I didn't realize the scope of the impact of the decision goes far beyond the desires of a Pats fan to see a wrong corrected that harmed his team. Unfortunately if it is upheld it will be just ANOTHER nail in the coffin any chance of fairness from our already lop sided legal system and the gap between the haves and have not's in this country will keep growing ever larger.

Hopefully with these critical amicus briefs there will be enough judges who will realize that this case NEEDS to be heard in full, right up to SCOTUS. And as much as I want it to be, if I read Fienstien's brief correctly, this isn't really about Tom Brady any more.

Color me more hopeful now, though there was a small part of me that was just getting used to the idea of Jimmy G going 3-1 or better, and the Pats winding up at the end of the year with a less beat up Tom Brady, a Lombardi Trophy and an asset that will bring more picks back than Goodell ever took away. THAT would be a nice FU for the NFL scenario as well . ;)
 
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Until today I haven't commented on Brady's suspension or the legal ramifications since the day the 2nd circuit upheld the NFL's case. I was simply appalled by the stupidity, ignorance, and lack of common sense shown by 2 supposedly smart men who chose to ignore the truth and take the cowards way and simply "follow the law and precedent". That day I lost my faith in the judicial process, the NFL, and the greatness of America in general. It proved that "the big lie" could succeed at even the highest level. Hitler and Gobells' beliefs were affirmed....and nothing much since (including the presidential nominating season) has led to believe anything has changed.

Finally today I read the original post about Fienstien's amicus brief and a ray of sunshine poured into my dark state of despair. After reading it I was reminded that this decision was a lot more important than just whether Tom Brady gets to play in the first four games this year. Much more important than righting a wrong perpetrated by the NFL, its jealous cadre of owners. on the Pats and Brady.

If left unchallenged this decision will SIGNIFICANTLY effect the general fairness of the arbitration process as a whole. It will allow the most powerful party to be the judge and arbiter both. It will allow them to change the terms of the arbitration. It will allow them to ignore evidence that proves innocence It will allow them to change the range of punishments at will. These are all things the NFL did in this case.

Previously I thought there was NO chance of this being sent back to be heard by the full panel of judges, and even LESS that it be heard by SCOTUS. But I was wrong. Wrong because I didn't realize the scope of the impact of the decision goes far beyond the desires of a Pats fan to see a wrong corrected that harmed his team. Unfortunately if it is upheld it will be just ANOTHER nail in the coffin any chance of fairness from our already lop sided legal system and the gap between the haves and have not's in this country will keep growing ever larger.

Hopefully with these critical amicus briefs there will be enough judges who will realize that this case NEEDS to be heard in full, right up to SCOTUS. And as much as I want it to be, if I read Fienstien's brief correctly, this isn't really about Tom Brady any more.

Color me more hopeful, though there was a small part of me that was just getting used to the idea of Jimmy G going 3-1 or better, and the Pats winding up at the end of the year with a less beat up Tom Brady, a Lombardi Trophy and an asset that will bring more picks back than Goodell ever took away. THAT wouldn't be a nice FU scenario either . ;)


Ok, I verify that this is the real patfanken, not the imposter who tried to pass himself off as him the other day.
 
Until today I haven't commented on Brady's suspension or the legal ramifications since the day the 2nd circuit upheld the NFL's case. I was simply appalled by the stupidity, ignorance, and lack of common sense shown by 2 supposedly smart men who chose to ignore the truth and take the cowards way and simply "follow the law and precedent". That day I lost my faith in the judicial process, the NFL, and the greatness of America in general. It proved that "the big lie" could succeed at even the highest level. Hitler and Gobells' beliefs were affirmed....and nothing much since (including the presidential nominating season) has led to believe anything has changed.

Finally today I read the original post about Fienstien's amicus brief and a ray of sunshine poured into my dark state of despair. After reading it I was reminded that this decision was a lot more important than just whether Tom Brady gets to play in the first four games this year. Much more important than righting a wrong perpetrated by the NFL, its jealous cadre of owners. on the Pats and Brady.

If left unchallenged this decision will SIGNIFICANTLY effect the general fairness of the arbitration process as a whole. It will allow the most powerful party to be the judge and arbiter both. It will allow them to change the terms of the arbitration. It will allow them to ignore evidence that proves innocence It will allow them to change the range of punishments at will. These are all things the NFL did in this case.

Previously I thought there was NO chance of this being sent back to be heard by the full panel of judges, and even LESS that it be heard by SCOTUS. But I was wrong. Wrong because I didn't realize the scope of the impact of the decision goes far beyond the desires of a Pats fan to see a wrong corrected that harmed his team. Unfortunately if it is upheld it will be just ANOTHER nail in the coffin any chance of fairness from our already lop sided legal system and the gap between the haves and have not's in this country will keep growing ever larger.

Hopefully with these critical amicus briefs there will be enough judges who will realize that this case NEEDS to be heard in full, right up to SCOTUS. And as much as I want it to be, if I read Fienstien's brief correctly, this isn't really about Tom Brady any more.

Color me more hopeful, though there was a small part of me that was just getting used to the idea of Jimmy G going 3-1 or better, and the Pats winding up at the end of the year with a less beat up Tom Brady, a Lombardi Trophy and an asset that will bring more picks back than Goodell ever took away. THAT wouldn't be a nice FU scenario either . ;)

Agreed. And hopefully not to derail the thread because I fully understand the travesty of justice the NFL* has imposed on Brady and the Pats, and the abject unfairness of it all.

That being said, I can't be the only Pats fan who would love to see what we really have in JG, especially if he can lead the Pats to a 3-1 or 4-0 start while playing well, and giving the haters something more to hate; the thought that the post-Brady Pats will continue to dominate the other teams, as the TFB-BB tandem has done since 2001.
 
If left unchallenged this decision will SIGNIFICANTLY effect the general fairness of the arbitration process as a whole. It will allow the most powerful party to be the judge and arbiter both.

Totally agree with the first sentence.

Less so with the second sentence -- almost nobody other than the NFL has a CBA or arbitration agreement that allows one of the parties to the contract to appoint himself as the arbitrator. That's (IMHO) what's so important about Feinberg's brief -- he focuses on how this decision would mess up arbitration in general by creating massive uncertainty because he knows/suspects that if the judges focus on the specific weirdness of Article 46 that's a losing hand for the NFLPA because such a focus will lead the judges to say "Enh. That NFL CBA is a weird one-off agreed to by an idiot union. No general applicability to the world at large so let them lie in the bed they made."
 
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Totally agree with the first sentence.

Less so with the second sentence -- almost nobody other than the NFL has a CBA or arbitration agreement that allows of the parties to the contract to appoint himself as the arbitrator. That's (IMHO) what's so important about Feinberg's brief -- he focuses on how this decision would mess up arbitration in general by creating massive uncertainty because he knows/suspects that if the judges focuses on the specific weirdness of Article 46 that's a losing hand for the NFLPA because such a focus will lead the judges to say "Enh. That NFL CBA is a weird one-off agreed to by an idiot union. No general applicability to the world at large so let them lie in the bed they made."
That is a interesting take, and one that makes some sense. But if I read the OP correctly, Fienstien thinks the case has far reaching potential that go beyond the narrow confines of sports union/management relations. It is the reason why the AFL/CIO bothered to write its brief. They see the potential for management to use this precedent to further erode the arbitration process in their favor.
 
brady, and to a larger extent, everyone in the nfl, better watch out.

No way Goodell watches what just happened to maria sharapova, and lets Tennis upstage him in the name of integrity. If a girl can get suspended two years for taking a drug shes been medically needing to take most of her life, you can bet some player in the nfl is going to be drawn and quartered for smoking a little weed, because integrity.
 
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