8/14: NFLPA's latest submission is in

[raduray]

If the NFL claims the court has no

For free, he can take the MIT Open Courseware class on Kinetic Theory & Ideal Gas - FOR HIGH SCHOOL STUDENTS!

Or he can just read my post here: http://www.patsfans.com/new-england...gate-science-simplified.1121137/#post-4244717

 

[TommyD4207]

I remember reading that if the current punishment is vacated, the league can simply reinstitute a brand new punishment. It's not like Ray Rice where the league is trying to punish Brady a second time for one single transgression. If the punishment gets vacated, the league gets to come up with something new.

They can try. It's more likely it's vacated with the neutral arbitrator.

If it's simply vacated then yes, the NFL can do this, and I think Brady would then be within his rights to go right to a CA judge and file for an injunction - which he would most certainly get, after having a judgement in his favor already on the books.

 

[Deus Irae]

And yet they claim the Peterson ruling is irrelevant. Was their submission written in crayon?

Welcome to the wonderful world of dueling court cases!

 

[JJC]

I read somewhere that if judge berman makes this a trial of the evidence by getting witnesses and vacates the suspension, the nfl has a good chance of winning the appeal.

Unless he does it in support of the NFLPA argument that the whole process was fundamentally biased and abusive to the player. In that case, I would think that revisiting the facts and documenting them would be useful in building the foundation on which the characterization of bias, fraud, deception, abuse was built.

 

[Fencer]

What precedent is there for a player to be suspended for an equipment violation or even obstruction?

Zero, which coincidentally is the same amount of precedent as there is for Goodell publicly saying anything smart.

 

[hambone1818]

Stop the fight! For the love of god he's dead, STOP THE FIGHT!!!

As the Court observed, the Award accuses Brady of having participated in a “scheme” fourteen times—but the word does not appear once in the 139 page Wells Report or the Vincent discipline letter. This is a clear essence-of-the-CBA violation. As the Article 46 arbitrator, Goodell only had the authority to adjudicate the discipline appealed to him; Peterson establishes that the arbitrator has no CBA authority to justify a suspension on a different basis from that upon which it was imposed. Peterson 15-16.
Indeed, it is settled law that arbitrators may not lawfully “exceed[] the scope of the [parties’] submission.” United Steelworkers v. Enter. Wheel & Car Corp., 363 U.S. 593, 597 (1960). Here, the matter submitted to Goodell for arbitration was Brady’s appeal of the discipline imposed upon him for alleged “general awareness.” Goodell did not have the authority, sitting as the Article 46 arbitrator, to support the discipline ab initio on grounds not found when the discipline was imposed. Peterson is conclusive.

I've just spent 39 of the past 52 hours at work dealing with a massive client issue. The past 20 minutes, drinking a beer and reading through this motion, makes (most of) the pain wash away in pure legalese bliss.

 

[Palm Beach Pats Fan]

My takeaway from the NFL filing tonight:

 

[pdangle]

Michael McCann ‏@McCannSportsLaw 58m58 minutes ago
In response filed tonight, NFL argues under federal law Judge Berman is not authorized to rule for Brady even if there are factual errors.

Ladies and gentlemen, I give you the NFL

Chastising a judge on his scope of law might be dumbest thing I've read from them so far.

But if I were to guess why, they are probably mentioning it bc/Judge seemed to go there initially. But from a legal strategy standpoint, if Judge WERE to rule based on the facts, wouldn't that be a layup for some (actual) grounds of appeal for the NFL if it was vacated? If so, they should of just kept quiet and hoped he did make that ruling. Hmmm... Unless they are goading him into making such a blunde... waitaminute... Keep forgetting, the NFL is NOT that smart, or smart at all more accurately. Rewind... More of the child mentality, bc/they got butt kicked in court.

I know this because despite not staying a a cheap hotel chain last night, but after reading the brief, that Kessler specifically, repeatedly, and plainly stated he DOES NOT argue any facts per se. Instead its all about NFL's+RG's completely biased PROCEDURE related to interpreting and reacting to these facts.

 

[Fencer]

Couldn't Brady use that as leverage? "If you return the picks, I won't sue for defamation"

That's a great idea in theory. But in practice that deal could only be made with Goodell's successor.

 

[JJC]

If the NFL claims the court has no

Or he can just read my post here: http://www.patsfans.com/new-england...gate-science-simplified.1121137/#post-4244717

Yeah, but obviously YOUR science is biased, because it's on patsfans.com!

 

[Tony2046]

Judges don't want to be overturned on appeal. While such a thing is certainly possible, Berman will certainly do his best to make sure his decision is consistent with the law (assuming we get to the point where he actually makes a decision instead of a settlement).

If the NFL did appeal I wonder if the NFLN would talk about what the odds are for a successful appeal?

 

[Fencer]

1. 
   Daniel Wallach ‏@WALLACHLEGAL 2m2 minutes ago
   Need to run, but 2 key takeaways: 1. Brady scores big with "specific vs. general" argument 2. NFL relies too heavily on non-CA2 case-law

Except, of course, where they think non-CA2 cases on exactly the same issues are irrelevant.

 

[TommyD4207]

F-ing, finally

http://ftpcontent3.worldnow.com/wfxt/pdf/nfl-response.pdf

 

[raduray]

Yeah, but obviously YOUR science is biased, because it's on patsfans.com!

But I showed all my work

 

[raduray]

Michael McCann ‏@McCannSportsLaw 58m58 minutes ago
In response filed tonight, NFL argues under federal law Judge Berman is not authorized to rule for Brady even if there are factual errors.

So Judge Berman is being told that he can't make his own ruling?

Ladies and gentlemen, I give you the NFL

Yes, I'm sure Berman will enjoy reading that, particularly as the NFL is the one that filed this case.

 

[BelichickFan]

Brady should file a restraining order against everyone in the league office when this is over. Those people are seriously out to get him. They might just try to take him out. I have never seen anything like this in my life. These people are determined to keep him off the field. It doesn't matter if he's guilty or innocent. They want him gone.

As someone said the other day, this isn't a crime looking for a punishment, it's a punishment looking for a crime.

 

[AllstonPatsFan]

What precedent is there for a player to be suspended for an equipment violation or even obstruction?

I agree - that was a typo. I meant to say and "no suspension". There's no precedent for what's been done here.

 

[Fencer]

Stephanie Stradley ‏@StephStradley 6m6 minutes ago
re: the SalPal report saying witnesses may be attending Wed hearing. That's weird. Don't know what's up w/that or any good speculation yet.

Maybe Berman wants a record of what the process actually WAS. The NFL's story about that keeps changing.

 

[Bruins29]

I am not sure what playbook the NFL is using but it might be

 

[JJC]

But I showed all my work

Remember, this is the crew to whom you would have to explain the fundamentals - like why you use degrees Kelvin and added back in the atmospheric pressure. And fuggedabout explaining moles. That would be like sticking knitting needles in your eyes! They'd be wondering what guacamole has to do with the whole process when you mention Avogadro's number!