Court denies Brady a re-hearing!!!

IcyPatriot said:

I would rather see Brady not go the Supreme court route but I doubt that's what the NFLPA wants.
That would free him up now to go what I think is the best route.

Brady should go full ahead on a massive libel suit against the NFL ... forcing them to discovery.
A libel suit would clear his name more IMO than a SCOTUS win would.

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Agreed. The news coverage would say:

• Brady sues for defamation on the theory that the league falsely accused him of cheating.
• Scientists and so on agree that the accusations were probably false.
• It's hard to predict whether or not he'll actually win his case.

I.e., the news coverage would be much in his favor.

So the final option is to appeal to the Supreme Court. Will the Brady legal team do so, and in this case what will be their reasoning/plan of attack for the last appeal? It needs to be very good to be heard.

Fencer said:

Agreed. The news coverage would say:

• Brady sues for defamation on the theory that the league falsely accused him of cheating.
• Scientists and so on agree that the accusations were probably false.
• It's hard to predict whether or not he'll actually win his case.

I.e., the news coverage would be much in his favor.

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Man, I sure wouldn't mind seeing the argument made that the league office acted with reckless disregard for the truth regarding that 11/12 balls were 2 PSI low BULLCRAP. I want league execs under oath answering whether or not they leaked the story.

And boy I tell you, even if Goodell himself didn't leak that story, he sure acted with reckless disregard for the truth not only by allowing the story to stay out there, but to FORBID the Patriots from correcting it. The degenerate POS Goodell LITERALLY put a gag order on the truth.

XLIX said:

That's not exactly right. The timeframe for when the USSC will decide whether or not they will hear the case depends greatly on when Brady's lawyers file their request (and how quickly the league responds).

Brady has until October 13 to request a USSC hearing, then the league has 30 days to reply, and Brady gets 10 more days to reply back to the league, so Brady could stretch that to late October, early November if they wanted (depending on how quickly the league responded).

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Lawprof friend of mine (who has clerked in CA7) has told me that extensions to the 90 day period to file for certiorari are "available and usually not too hard to get". So there's a great chance that if Brady lucks out and gets a stay he could run out the clock on the entire season.

QuantumMechanic said:

Lawprof friend of mine (who has clerked in CA7) has told me that extensions to the 90 day period to file for certiorari are "available and usually not too hard to get". So there's a great chance that if Brady lucks out and gets a stay, he could run out the clock on the entire season.

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Cool. Let's hope he gets that stay. That could be the difference between stalling as much as possible and rushing as much as possible.

Maybe send Ginsburg some flowers?

Not bothered by this. Brady will be 39. He'll get to rest up for 4 weeks before coming back for another title run. Just as last year, the only thing that will stop this team from winning #5 will be injuries. We had by far the best team in the league in 2015, and it only improved over the offseason.

Also interested to see what Jimmy can do.

VJCPatriot said:

So the final option is to appeal to the Supreme Court. Will the Brady legal team do so, and in this case what will be their reasoning/plan of attack for the last appeal? It needs to be very good to be heard.

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Their plan of attack will probably be more of the same regarding what we saw them submit to the en banc request, BUT we did just buy 3 more months hoping for a resolution in CA8 to the Peterson appeal.

I reread Doty's ruling in Peterson and it pretty much concludes the exact opposite of what CA2 concludes. If Doty's ruling is upheld, we really do have a textbook split circuit. Here are some excerpts from Doty. Point 2 stands out to me as the most important one and please note that the underlined word is underlined in the decision (I didn't add that emphasis in):

1) "Henderson simply disregarded the law of the shop and in doing so failed to meet his duty under the CBA. As a result, the arbitration award fails to draw its essence from the CBA and vacatur is warranted."

2) “When two parties submit an issue to arbitration, it confers authority upon the arbitrator to decide that issue. ... Here, Henderson strayed beyond the issues submitted by the NFLPA and in doing so exceeded his authority. As a result, vacatur is warranted on this basis as well."

VJCPatriot said:

So the final option is to appeal to the Supreme Court. Will the Brady legal team do so, and in this case what will be their reasoning/plan of attack for the last appeal? It needs to be very good to be heard.

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I'd go nuclear. I'd point out every single lie in all reports/findings, along side the correct statements/evidence to make it jarring. I'd point out the inaccuracies in statements from justices such as Denny "Confused" Chin. I'd argue that if the Supreme Court would ignore these grievances, then what is the Court actually for?

I'm serious. The gloves need to come off. You need to have Justice Ginsberg feel a duty to correct the outrageous attack on labor by a crooked, vile,and revolting NFL league office. It's a long shot, but playing nice isn't going to work. Be respectful to the Court, but absolutely annihilate everything else.

robertweathers said:

Looks like the NY Post and Notorious RBG encased Illegal in carbonite.

He should be well protected.

View attachment 13421

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Ginsburg probably enjoyed ripping The Donald, but she also may have made a serious strategic error.


Long shot? You betcha, but it has happened before.

Yep. She should just have remained quiet but thats not Kiki's style.

It won't be a close election.

And no one gave a shi.t when Scalia freely expressed his favoritism of the Bush family and took hunting vacations with Cheney. Not to mention that judge who prior to the 2000 election went on the record saying that she hoped Bush would win and then it was her who cast the deciding vote.

XLIX said:

Man, I sure wouldn't mind seeing the argument made that the league office acted with reckless disregard for the truth regarding that 11/12 balls were 2 PSI low BULLCRAP. I want league execs under oath answering whether or not they leaked the story.

And boy I tell you, even if Goodell himself didn't leak that story, he sure acted with reckless disregard for the truth not only by allowing the story to stay out there, but to FORBID the Patriots from correcting it. The degenerate POS Goodell LITERALLY put a gag order on the truth.

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Even if he failed to win the suit the discovery and the testimony under oath would be priceless.

Goodell: "We did not know about the IGL"

VJCPatriot said:

So the final option is to appeal to the Supreme Court. Will the Brady legal team do so, and in this case what will be their reasoning/plan of attack for the last appeal? It needs to be very good to be heard.

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It's really very simple and straightforward. Roger Goodell was the arbitrator for Brady's appeal and rather than either upholding our reversing the sanctions Brady was given based upon the grounds they were given on created new grounds for sanctions within that hearing. In other words he never ruled on the appeal and instead gave a punishment for grounds that weren't being appealed. That's clearly not the role of any arbitrator.

Does anyone know if Goodell violated the Federal Arbitration Act? SCOTUS has ruled on a few of these cases recently....it might pique their interest.

Ivan said:

It's really very simple and straightforward. Roger Goodell was the arbitrator for Brady's appeal and rather than either upholding our reversing the sanctions Brady was given based upon the grounds they were given on created new grounds for sanctions within that hearing. In other words he never ruled on the appeal and instead gave a punishment for grounds that weren't being appealed. That's clearly not the role of any arbitrator.

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I just can't get over that.

At the end of the day an equipment violation was a ~$8500 fine.

Goody never served TB12 notice of the trumped up charges. That is a violation of the CBA.

How the laws of this land can allow this railroading to go unchecked is maddening.

TommyBrady12 said:

Does anyone know if Goodell violated the Federal Arbitration Act? SCOTUS had ruled on a few of those types of cases recently....it might pique their interest.

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Based on Kenneth Feinberg's Amicus Brief, yes, Goodell did violate the Federal Arbitration Act. Based on the 2CA failing to give "En Banc", no, Goodell didn't violate the Federal Arbitration Act.

This is just one of the many reasons people are upset.. It's plainly obvious that Goodell DID violate the Federal Arbitration Act and nothing in the CBA can give him that power.

robertweathers said:

I just can't get over that.

At the end of the day an equipment violation was a ~$8500 fine.

Goody never served TB12 notice of the trumped up charges. That is a violation of the CBA.

How the laws of this land can allow this railroading to go unchecked is maddening.

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What is even more astonishing is that they didn't even clarify their position to limit it The NFL CBA, so now any arbitrator can make up additional grounds for sanctions during an appeal hearing and get away with it. I would love to see the AFL CIO take a stand and reject arbitration as a method for resolving worker disputes and take every one to court.

VectorPrime said:

It won't be a close election.

And no one gave a shi.t when Scalia freely expressed his favoritism of the Bush family and took hunting vacations with Cheney. Not to mention that judge who prior to the 2000 election went on the record saying that she hoped Bush would win and then it was her who cast the deciding vote.

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That was O'Connor and her remark ("That's terrible") was during an election night party. Far, far different from Ginsburg's active campaigning.

At least we'll probably know pretty soon. There have been at least some reports that Brady plans to file for a stay next week, and stay requests tend to be resolved pretty quickly (matter of days).

The NFLPA needs to hire Donald Fehr.