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

Last year, we lost a case before the Second Circuit at the very end of January, and our petition for rehearing en banc was denied in mid-April. Amicus briefs were filed in our case too. So that was 2.5 months, and Brady is basically at 1.5 so far (I believe his petition was filed on May 23). This does not mean I think it will take another month for sure. It could be today, it could be a few weeks, I don't know. But I would strongly suspect we'll know whether there will be a rehearing by the end of August. The court clerks (who do the research and help write the opinions) typically see their terms end right around September 1. Typically - although again, not necessarily - judges try to clear their dockets by this time so that the new batch of clerks deals with the new cases coming in.

ChrisR2223 said:

Does that mean the suspension would still stand if they dont make a decision by the opening game?

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I thought it was stated that the act of Brady appealing puts the suspension on hold until a decision is made by the courts ?

Gronkowski123 said:

he's sitting the 4 just accept it and move on

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As much as I don't like this revelation from the Oracle, I thank you for now relieving me from having to read through 50 pages of turgid legal analysis that fails to come to a specific conclusion like your pronouncement.

scott99 said:

I thought it was stated that the act of Brady appealing puts the suspension on hold until a decision is made by the courts ?

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This is correct, as far as I know. Berman hasn't actually changed his decision, he won't until the matter is settled. I could be missing something though.

scott99 said:

I thought it was stated that the act of Brady appealing puts the suspension on hold until a decision is made by the courts ?

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No. I hate to be the bearer of bad news, but Brady is currently suspended. In overturning Judge Berman's decision, the Second Circuit reversed and remanded for further proceedings, and reinstated Brady's suspension. If, however, the Second Circuit grants a rehearing en banc, I believe this would automatically stay Brady's suspension (meaning he will be able to play at the start of the season).

ChrisR2223 said:

Does that mean the suspension would still stand if they dont make a decision by the opening game?

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No, the suspension is stayed. Right now brady plays opening night. The petition for the en banc hearing stayed the panel decision.

tatepatsfan said:

No. I hate to be the bearer of bad news, but Brady is currently suspended. In overturning Judge Berman's decision, the Second Circuit reversed and remanded for further proceedings, and reinstated Brady's suspension. If, however, the Second Circuit grants a rehearing en banc, I believe this would automatically stay Brady's suspension (meaning he will be able to play at the start of the season).

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I believe you are incorrect sir. Read the cornell law website I listed below and especially read under D section 1

this decision is currently stayed

Rule 41. Mandate: Contents; Issuance and Effective Date; Stay

tatepatsfan said:

No. I hate to be the bearer of bad news, but Brady is currently suspended. In overturning Judge Berman's decision, the Second Circuit reversed and remanded for further proceedings, and reinstated Brady's suspension. If, however, the Second Circuit grants a rehearing en banc, I believe this would automatically stay Brady's suspension (meaning he will be able to play at the start of the season).

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No. I believe that once the NFLPA/Brady appealed for an en banc Review the situation reverted to the status quo ante and Berman's ruling is still in effect.

tatepatsfan said:

No. I hate to be the bearer of bad news, but Brady is currently suspended. In overturning Judge Berman's decision, the Second Circuit reversed and remanded for further proceedings, and reinstated Brady's suspension. If, however, the Second Circuit grants a rehearing en banc, I believe this would automatically stay Brady's suspension (meaning he will be able to play at the start of the season).

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If you really did hate to be the bearer of bad news, you probably would have checked the facts before giving the wrong answer.

I'm not sure how much more hatred I can muster up re : Deflategate. Still now, hundreds of days after the Mort fiasco, I feel anger.

It is hard to see this as a good thing, or even a neutral one, but there is one thing that I keep coming back to in this entire story and it has nothing to do with the question of Brady's guilt or innocence. Which, by the way is a huge impediment in the NFL's argument.

The place where the NFL goes completely off the rails is when they Punish Brady with a four game suspension for a "crime" that has ALWAYS been punished with a fine of UNDER $10,000. It not only breaks precedent, it goes against the rules as set down by the league prior to the crime.

When you add this up along with the well documented facts that the NFL has continually changed the charges against Brady as their case constantly broke down under the weight of evidence; the only thing a sane man can conclude is that the NFL "so far departs from the terms of the agreement that it is not even arguably derived from the contract" AND "dispenses its own brand of industrial justice".

farn said:

I'm not sure how much more hatred I can muster up re : Deflategate. Still now, hundreds of days after the Mort fiasco, I feel anger.

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Why did you cut part of my dream girl out of your avatar?

Galeb said:

Why did you cut part of my dream girl out of your avatar?

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I stand corrected. I could have sworn I read from either McCann or Wallach that only the grant of the petition would stay the suspension, but FRAP 41 clearly provides otherwise. In any event, I'd be willing to bet we'll have a decision on whether the petition is granted before the season begins, so this point will be moot.

Danger Zone said:

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I would marry her in a heartbeat. That said, I'd settle for her removing the restraining order.

Never in my life have I been so sure that I don't have the foggiest idea about what's going on than I do now about the possibility of en banc hearing in this case.

I think I'll go out and sacrifice a couple of goats and dance around a fire in the middle of the woods. Maybe that will clear things up.

Or, Tea Leaves. Maybe I could try reading some Tea Leaves.

PatsFanSince74 said:

Never in my life have I been so sure that I don't have the foggiest idea about what's going on than I do now about the possibility of en banc hearing in this case.

I think I'll go out and sacrifice a couple of goats and dance around a fire in the middle of the woods. Maybe that will clear things up.

Or, Tea Leaves. Maybe I could try reading some Tea Leaves.

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Just be sure that GOAT isnt TB12.

tatepatsfan said:

No. I hate to be the bearer of bad news, but Brady is currently suspended. In overturning Judge Berman's decision, the Second Circuit reversed and remanded for further proceedings, and reinstated Brady's suspension. If, however, the Second Circuit grants a rehearing en banc, I believe this would automatically stay Brady's suspension (meaning he will be able to play at the start of the season).

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No he isn't. He filed for en banc. Once he did that it creates a stay situation.

Danger Zone said:

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She has a nice smile.

farn said:

I'm not sure how much more hatred I can muster up re : Deflategate. Still now, hundreds of days after the Mort fiasco, I feel anger.

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Brady was just nominated for an espy-for best nfl player. I dont think espn will let him win-since theyd be too nervous about whether or not hed show up. my guess is he wouldnt show. he could also show and give them a subtle jab-which would cause them some embarrasment. id love to see it, but theyll probably just give it to jj watt