Legal question for lawyers on board

lurker1965 · Jul 13, 2016

Am I right?
I think how the court ruled article 46, or whatever, supecedes the normal employment law about neutral arbitrators because the NFLPA is really stupid and freely negotiated away their rights.

Now if on page 386 of that recent download of iTunes EULA you accepted it says you agree to clean the toilets at Apple, well, you were stupid, slave. Just as stupid as the NFLPA and the contract you willingly agreed to was freely negotiated, slave.

This is the basis for all BDSM porn where she can't pay her bills and ends up a sex slave - so I'm told <clutches pearls>.

Seriously, if we have a valid contract, slavery is legal now in New York. Right? RIGHT?

This is Bat-**** crazy. I must be missing something obvious. Please tell me what I'm missing so this makes some sort of sense.

Jlaff · Jul 13, 2016

No one wanted to make the 1L Contract Law argument that it is an implied term of the agreement that before punishment can take place there must be actual wrongdoing. Kinda like they teach you in Criminal Law too.

And you can't contract for illegal activity.

XLIX · Jul 14, 2016

lurker1965 said:
Am I right?
I think how the court ruled article 46, or whatever, supecedes the normal employment law about neutral arbitrators because the NFLPA is really stupid and freely negotiated away their rights.

Now if on page 386 of that recent download of iTunes EULA you accepted it says you agree to clean the toilets at Apple, well, you were stupid, slave. Just as stupid as the NFLPA and the contract you willingly agreed to was freely negotiated, slave.

This is the basis for all BDSM porn where she can't pay her bills and ends up a sex slave - so I'm told <clutches pearls>.

Seriously, if we have a valid contract, slavery is legal now in New York. Right? RIGHT?

This is Bat-**** crazy. I must be missing something obvious. Please tell me what I'm missing so this makes some sort of sense.

IANAL, but an unconscionable or illegal clause within a contract will not be honored in a court of law, even if both parties signed it.

Of course, that leads to the question of precisely what qualifies as "unconscionable or illegal"....

lurker1965 · Jul 15, 2016

XLIX said:
IANAL, but an unconscionable or illegal clause within a contract will not be honored in a court of law, even if both parties signed it.

Of course, that leads to the question of precisely what qualifies as "unconscionable or illegal"....

So, if Apple orders me to rob a bank, it is illegal, but cleaning the toilets is OK?
If I refuse does Apple have the legal right to force my compliance with the contract?

This is nuts. This has to go to the Supreme Court with or without Brady and/or the NFLPA.

XLIX · Jul 15, 2016

lurker1965 said:
So, if Apple orders me to rob a bank, it is illegal, but cleaning the toilets is OK?
If I refuse does Apple have the legal right to force my compliance with the contract?

If you're asking my opinion, I would say this:

A transaction is an exchange of goods or services for money. Generally speaking, the price of a product has to be clearly represented. Certainly there are instances where companies or individuals try to sneak things past unsuspecting consumers; not anything silly like your toilet example, but courts have certainly heard cases about deceptive practices with companies sneaking in hidden costs and fees.

I think a sane court would consider it a hidden cost if there was a clause that said you had to perform manual labor for the company. They'd either not enforce the clause or, at the very least, give you the opportunity to back out of the transaction and get your money back.

SlowGettingUp · Jul 15, 2016

You are talking about a so-called "clickwrap" agreement - they are "kind of" enforceable if they have reasonable terms, but a court is never going to enforce a crazy term that the user wouldn't have agreed to if he/she had actually read the agreement.

Click wrap - Wikipedia, the free encyclopedia

In the case of the NFL, the players specifically bargained away their rights to an independent arbitrator or full access to the courts. They had competent legal representation and made a decision this wasn't something they cared about. So they (and us) get to live with the unfortunate consequences.

Patsfanin Philly · Jul 16, 2016

Implied in every contract is the belief that both parties will act in good faith. The evidence here is pretty clear that one party did not act in good faith.
The next CBA negotiations should be very interesting in a few years .

XLIX · Jul 16, 2016

Patsfanin Philly said:
Implied in every contract is the belief that both parties will act in good faith. The evidence here is pretty clear that one party did not act in good faith.
The next CBA negotiations should be very interesting in a few years .

This this this. I am surprised the Implied Covenant of Good Faith and Fair Dealing never got brought up. I'm not saying it would have made the difference, but IMHO it would have been another argument to use.

Joker · Jul 17, 2016

I have a legal question for you guys...

now suppose a guy walks up to Goodell and smashes him right in the face full force with a baseball bat...and the shytbird's head starts to swell like a balloon...would it be considered an assault if that guy then took an ice pick and rammed it into his skull twenty or thirty times...you know, to relieve the pressure from the swelling of the brain?

call it a skull tracheotomy....that wouldn't be an assault it'd be a life saving procedure , right?

I mean, just sayin'.....

lurker1965 · Jul 18, 2016

XLIX said:
This this this. I am surprised the Implied Covenant of Good Faith and Fair Dealing never got brought up. I'm not saying it would have made the difference, but IMHO it would have been another argument to use.

I agree, in one form or another that has been around in all major sports since the 1919 Black Sox. Never was an issue under Rozelle or Taglibue although it came up in MLB - I forget who, Steve Garvey, I think but I might be off.

Joker said:
I have a legal question for you guys...

now suppose a guy walks up to Goodell and smashes him right in the face full force with a baseball bat...and the shytbird's head starts to swell like a balloon...would it be considered an assault if that guy then took an ice pick and rammed it into his skull twenty or thirty times...you know, to relieve the pressure from the swelling of the brain?

call it a skull tracheotomy....that wouldn't be an assault it'd be a life saving procedure , right?

I mean, just sayin'.....

Let's talk about Jury Nullification. (I'm assuming this is in Maine, not NY.)

PatsDeb · Jul 18, 2016

The bottom line is that the 2nd Circuit has found that the Players Union, of which Brady is a member, bargained for the treatment they got. I am sure they will not let it happen in the next contract, but they are stuck with it now. The players did not expect an ******* with an agenda to be at the helm, and that the owners (including Kraft) would let him do whatever he wants at their expense. The Supreme Court is unlikely to accept the appeal as it doesn't have enough impact on the general population (the players union is a pretty specialized union), and even if they did, there is a problem at the Supreme Court right now because Congress will not do its job and appoint a 9th justice, so you end up with a lot of ties (meaning the lower ruling stands).

GrogansArmy · Jul 18, 2016

Joker said:
now suppose a guy walks up to Goodell and smashes him right in the face full force with a baseball bat...and the shytbird's head starts to swell like a balloon...would it be considered an assault if that guy then took an ice pick and rammed it into his skull twenty or thirty times...you know, to relieve the pressure from the swelling of the brain?

call it a skull tracheotomy....that wouldn't be an assault it'd be a life saving procedure , right?

Damn Joker, you scare me sometimes. *Mental note - don't piss off joker... ever*

Joker · Jul 18, 2016

Sorry Grogs...it's not you I'm trying to scare. As far as piece-of-shyt-dell is concerned, the previous scenario is about as good as he's going to get.

rochrist · Jul 18, 2016

Joker said:
I have a legal question for you guys...

now suppose a guy walks up to Goodell and smashes him right in the face full force with a baseball bat...and the shytbird's head starts to swell like a balloon...would it be considered an assault if that guy then took an ice pick and rammed it into his skull twenty or thirty times...you know, to relieve the pressure from the swelling of the brain?

call it a skull tracheotomy....that wouldn't be an assault it'd be a life saving procedure , right?

I mean, just sayin'.....

You scare me sometimes.

Edit: I guess I owe Grogan a Pepsi.

Silver Blue&Red · Jul 18, 2016

Joker said:
I have a legal question for you guys...

now suppose a guy walks up to Goodell and smashes him right in the face full force with a baseball bat...and the shytbird's head starts to swell like a balloon...would it be considered an assault if that guy then took an ice pick and rammed it into his skull twenty or thirty times...you know, to relieve the pressure from the swelling of the brain?

call it a skull tracheotomy....that wouldn't be an assault it'd be a life saving procedure , right?

I mean, just sayin'.....

Silver Blue&Red · Jul 18, 2016

Joker said:
I have a legal question for you guys...

now suppose a guy walks up to Goodell and smashes him right in the face full force with a baseball bat...and the shytbird's head starts to swell like a balloon...would it be considered an assault if that guy then took an ice pick and rammed it into his skull twenty or thirty times...you know, to relieve the pressure from the swelling of the brain?

call it a skull tracheotomy....that wouldn't be an assault it'd be a life saving procedure , right?

I mean, just sayin'.....

You are my hero. But coming from a person who has absolutely no medical credentials at all, I would ram at least 50 to 60 times, just in case. You can never be too sure in these situations. Especially with folks we care so much about

YOUGOTMOSSED · Jul 18, 2016

Joker said:
I have a legal question for you guys...

now suppose a guy walks up to Goodell and smashes him right in the face full force with a baseball bat...and the shytbird's head starts to swell like a balloon...would it be considered an assault if that guy then took an ice pick and rammed it into his skull twenty or thirty times...you know, to relieve the pressure from the swelling of the brain?

call it a skull tracheotomy....that wouldn't be an assault it'd be a life saving procedure , right?

I mean, just sayin'.....

I'd advise against trying it.

I'd also definitely advise against any crazy fans trying locate Goodell in his neighborhood of Prouts Neck in Scarborough, Maine and confronting him physically.

YOUGOTMOSSED · Jul 18, 2016

PatsDeb said:
The bottom line is that the 2nd Circuit has found that the Players Union, of which Brady is a member, bargained for the treatment they got. I am sure they will not let it happen in the next contract, but they are stuck with it now. The players did not expect an ******* with an agenda to be at the helm, and that the owners (including Kraft) would let him do whatever he wants at their expense. The Supreme Court is unlikely to accept the appeal as it doesn't have enough impact on the general population (the players union is a pretty specialized union), and even if they did, there is a problem at the Supreme Court right now because Congress will not do its job and appoint a 9th justice, so you end up with a lot of ties (meaning the lower ruling stands).

The 2nd Circuit also found that their season's tickets to Jets games would be more valuable if they went with "deference to the arbitrator" regardless of the absurdity of the results.

GrogansArmy · Jul 18, 2016

Joker said:
Sorry Grogs...it's not you I'm trying to scare. As far as piece-of-shyt-dell is concerned, the previous scenario is about as good as he's going to get.

I guess I'm more of the torturous type. Your way is fun and all, but it's too quick. He'd be dead after the first hit to the face with the bat. He wouldn't get a chance to regret what he'd done.

I would prefer his emails/texts get hacked and publicized, then get fired because the owners are embarrassed by whats been revealed, then be brought up on federal criminal charges for trying to destroy one of the few good people in this world. And then spend the rest of his days in a 6x4 cell with Bubba as his cell mate, who just happens to like the shape of posterior.

Basically I want him to watch his world crumble around him and then eventually end up in a federal prison and get to enjoy Bubba's loving for every day of his life. Hopefully multiples times a day.

blackglass3 · Jul 18, 2016

Again, how have no Patriots fans been in touch with Anonymous? Them hacking the NFL would be amazing, I can't believe it hasn't been done yet.

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