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

Sfpat · Jun 16, 2016

PatsFanSince74 said:
At some point, they have to decide whether to grant the hearing or not grant the hearing. If, a month after the request was filed, they have still not even asked the NFL to respond, it would suggest to me that they're going through some internal formalities but are not going to take the case.

I wouldn't read much into the current timeline. I read it took CA2 9 months to grant the en blanc for the case recently decided. Let them take their dear sweet time.

Ring 6 · Jun 16, 2016

ChessToCheckers said:
When I first read the appeal majority ruling I was dumbfounded. Then I came to believe that Chin and Parker simply "mailed it in". Chin's comments suggested to me that he hadn't even bothered to read up on the matter.

If that's even half true, then I believe the amicus curiae briefs from AFL-CIA and Feinburg in particular will have positive effect on 2CA. The very idea that labor arbitration will stop working fairly would swamp the judiciary. If Chin's apparent laziness is an indication of the average work ethic of our federal judges, then I would think they'll vote to rehear en banc.

If you read goodells arbitration findings and look at it from the perspective that he is a neutral, honest 3rd party and wells was independent and exponent is credible you can actually think the evidence is compelling if not overwhelming. The problem is that none of those assumptions are true and a judge is supposed to view both sides.
However, the case isn't about innocence or guilt, it is about the rights of a unionized employee and the rules of arbitration.

So a certainly innocent man is found guilty because the judge who is supposed to be ignoring innocence or guilt only takes into consideration the claims of the arbitrator who is judging the appeal of his own ruling based upon a corrupt investigation.

Mack Herron · Jun 16, 2016

The distinction between guilt/innocence and due process is not as sharp as some have made it out to be. After all, due process is fundamentally concerned with not convicting the innocent.

PatsFanSince74 · Jun 16, 2016

Sfpat said:
I wouldn't read much into the current timeline. I read it took CA2 9 months to grant the en blanc for the case recently decided. Let them take their dear sweet time.

I hope you're right, but they are also aware of the September timeline. But, I hope you're right

SHOWTIME15 · Jun 16, 2016

PatsFanSince74 said:
I hope you're right, but they are also aware of the September timeline. But, I hope you're right

September timeline is irrelevant, no? The case is stayed

QuantumMechanic · Jun 16, 2016

Sfpat said:
I wouldn't read much into the current timeline. I read it took CA2 9 months to grant the en blanc for the case recently decided. Let them take their dear sweet time.

Don't want them to take too long, though because it'll interfere with planning. If Brady is ultimately going to lose, it's better to know that right away (unless his ultimate loss is after the season is over, of course

)

Say it's mid-September and CA2 hasn't decided yet. NE won't know how to split the reps between Brady and Grop because they won't know if Brady will be playing any given game (well, not strictly true since I believe the mandate to Berman to reinstate the suspension won't issue until 7 days after the decision, so they will have one week's notice.)

XLIX · Jun 16, 2016

TommyBrady12 said:
September timeline is irrelevant, no? The case is stayed

Technically yes, but realistically I think the judges know the significance of September in regards to this case, so I'll be surprised if they haven't granted or denied an en banc hearing by then.

patfanken · Jun 16, 2016

AndyJohnson said:
If you read goodells arbitration findings and look at it from the perspective that he is a neutral, honest 3rd party and wells was independent and exponent is credible you can actually think the evidence is compelling if not overwhelming. The problem is that none of those assumptions are true and a judge is supposed to view both sides.
However, the case isn't about innocence or guilt, it is about the rights of a unionized employee and the rules of arbitration.

So a certainly innocent man is found guilty because the judge who is supposed to be ignoring innocence or guilt only takes into consideration the claims of the arbitrator who is judging the appeal of his own ruling based upon a corrupt investigation.

Very. very sadly what you say is true. The appeals process was NEVER supposed to be about Brady's guilt or innocence. It was supposed to be about whether the NFL's actions, policies and procedures complied with current legal statutes. That is what made Berman's ruling so compelling, because he brought Brady's obvious innocence into his ruling. Unfortunately the 3 judge panel didn't have to do the same, and 2 of them bought the NFL's lies, and didn't bother to work hard enough to look below the surface of right or wrong

I don't know how this will end up. The way things are going now in the legal system, probably badly in the short term. In the long term, m my hope is that JG will perform well enough that the team will come out of those 4 games at least 2-2, and become an draft asset. I also hope that Brady will EVENTUALLY seek retribution against Goodell and the NFL through a defamation suit, though I might have to wait for his retirement before he does it. Brady really needs to pursue this because while the fact is that these current arguments are all about strict legal matters, if Brady's suspension is upheld, it will be viewed by the great majority of the generally uniformed public, as confirmation of his guilt

PatsFanSince74 · Jun 16, 2016

TommyBrady12 said:
September timeline is irrelevant, no? The case is stayed

Not irrelevant. As @QuantumMechanic points out, that puts the Pats in the untenable position of not knowing who will play QB and only have seven days to prepare for his absence..

Clonamery · Jun 16, 2016

patfanken said:
Very. very sadly what you say is true. The appeals process was NEVER supposed to be about Brady's guilt or innocence. It was supposed to be about whether the NFL's actions, policies and procedures complied with current legal statutes. That is what made Berman's ruling so compelling, because he brought Brady's obvious innocence into his ruling. Unfortunately the 3 judge panel didn't have to do the same, and 2 of them bought the NFL's lies, and didn't bother to work hard enough to look below the surface of right or wrong

I don't know how this will end up. The way things are going now in the legal system, probably badly in the short term. In the long term, m my hope is that JG will perform well enough that the team will come out of those 4 games at least 2-2, and become an draft asset. I also hope that Brady will EVENTUALLY seek retribution against Goodell and the NFL through a defamation suit, though I might have to wait for his retirement before he does it. Brady really needs to pursue this because while the fact is that these current arguments are all about strict legal matters, if Brady's suspension is upheld, it will be viewed by the great majority of the generally uniformed public, as confirmation of his guilt

Ken, the uninformed media are much more annoying, irritating and flatulent. Otherwise, I like your post.

SHOWTIME15 · Jun 16, 2016

PatsFanSince74 said:
Not irrelevant. As @QuantumMechanic points out, that puts the Pats in the untenable position of not knowing who will play QB and only have seven days to prepare for his absence..

but why should CA2 care about the pats and their preparation for the 2016 season?

PatsFanSince74 · Jun 16, 2016

TommyBrady12 said:
but why should CA2 care about the pats and their preparation for the 2016 season?

Well, Katzmann had promised an "expeditious" process with the original Appeal, so it's not unreasonable to assume that he is still aware of the timeline. But, the direct answer to your question is that there is no real reason the Court should care.

Ring 6 · Jun 16, 2016

PatsFanSince74 said:
Well, Katzmann had promised an "expeditious" process with the original Appeal, so it's not unreasonable to assume that he is still aware of the timeline. But, the direct answer to your question is that there is no real reason the Court should care.

Not true. The case involves an emoloyee losing a right he can never get back.
Just because it's football doesn't change the legal standing of an employees rights.

PatsWickedPissah · Jun 16, 2016

Galeb said:
Last I heard, he's still in a boot after a second surgery.

FLASE!
that Patsfan story broken was proven false!

Oh, wait...

Mack Herron · Jun 16, 2016

XLIX · Jun 16, 2016

Stupid question: Does this mean anything?

Hoodie · Jun 16, 2016

XLIX said:
Stupid question: Does this mean anything?

I just came by hoping someone would ask that.

SHOWTIME15 · Jun 16, 2016

XLIX said:
Stupid question: Does this mean anything?

the audio recordings? no, it looks like a general court order for all cases. i don't think there are any deflategate implications.

FreeTedWilliams · Jun 16, 2016

XLIX said:
Stupid question: Does this mean anything?

It means we can now listen to the NFJFL lie in court, instead of just reading it!

supafly · Jun 16, 2016

PatsFanSince74 said:
Not irrelevant. As @QuantumMechanic points out, that puts the Pats in the untenable position of not knowing who will play QB and only have seven days to prepare for his absence..

At this point, I wouldn't be shocked to find out that they delayed things on purpose. I imagine some horrible scenario where it's mid-Nov, yet BB still doesn't know who to give the starting reps to. Even worse, he may be thinking about his teams' chance in the postseason, with some question marks as to when a suspension may take place.

I'm half-kidding.

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

In the Starting Line-Up

PatsFans.com Supporter

Pro Bowl Player

PatsFans.com Supporter

No asterisks

Burn it all down!

Pro Bowl Player

PatsFans.com Supporter

PatsFans.com Supporter

PatsFans.com Supporter

No asterisks

PatsFans.com Supporter

PatsFans.com Supporter

PatsFans.com Supporter

Pro Bowl Player

Pro Bowl Player

In the Starting Line-Up

No asterisks

RIP NEM

Eff you, Shula

Similar threads