AFL-CIO files amicus brief in support of Tom Brady

[Ivan]

Makes Bob Kraft's brief look good in hindsight, as he is essentially suing his own organization for the same offenses that Feinberg points out.

Might Kraft be the ONLY owner who emerges from this looking good?

Could be but the 31aren't ever going to forgive him.

I really think Feinberg asking for reconsideration is going to be a difference maker. The justices on CAII can't look past his request for a rehearing without looking like they simply don't care. The other briefs help but they have to take notice when the top arbiter in the country tells them they are creating huge problems for the arbitration process. He has no skin in the game and is coming straight from the point of view of what is best for the arbitration process. I don't see how they can whistle past this.

 

[BradyFTW!]

My memory may be wrong too but I believe Goodell backtracked from Vincent imposed the discipline to he did it.

Yeah, that's pretty much it. NFL's trying to have its cake and eat it too. On one hand they're saying Goodell can serve as an impartial arbitrator because he didn't decide the punishment (Vincent did). At the same time, they're claiming that Vincent was merely acting on Goodell's authority and that Goodell did determine the punishment (they only backtracked on this once it was pointed out that only Goodell had the authority to punish on this).

So basically, pick one: either Goodell was unable to serve as a neutral arbitrator or Brady was punished by someone who did not have the authority to punish him. At least one of these statement must be true, and this is just one of many things that two appellate judges apparently couldn't wrap their heads around.

Deflategate has really tanked any kind of faith that I might have had in the legal system in general.

 

[Hammer of Thor]

Here is Florio's take on Feinberg's submission:

Noted arbitrator Kenneth Feinberg files brief in support of Tom Brady

I liked this line in particular:

And then Feinberg uses against the NFL its own mantra regarding the importance of preserving the integrity of and public confidence in the game of professional football: “If the restrictions on arbitrators acting outside the scope of their authority, imposing their own industrial justice, or acting with bias are weakened so greatly as to permit the enforcement of the Commissioner’s award, it will fundamentally erode the public’s trust and confidence in arbitration.”

 

[DaBruinz]

Here is the link to the Amicus Brief mentioned by Chris Price / Daniel Wallach earlier:

http://www.bplegal.com/webfiles/pdf/Wallach/160531_proposed_amici_brief.pdf

 

[TheBostonStraggler]

The judges of CA2 will either heed the evidence and well reasoned and informed arguments and grant a rehearing, and the due process that it represents, or they will disregard the evidence and arguments and deny a rehearing, demonstrating that due process is an illusion that evaporates before the altar of the rich and powerful.

Don't look back MH! But if you do go ahead and look way way off in the distance. There you may notice a line that was crossed long ago....

 

[Mack Herron]

Don't look back MH! But if you do go ahead and look way way off in the distance. There you may notice a line that was crossed long ago....

It isn't over, my friend. All's well that end's well.

 

[TheBostonStraggler]

It isn't over, my friend. All's well that end's well.

Oh don't get me wrong, justice may prevail. However I've little faith the process will produce this just result. Instead I'm relying heavily on a lucky spin of the wheel and only a slamdunk of a followup answer required.

 

[The Gr8est]

Oh don't get me wrong, justice may prevail. However I've little faith the process will produce this just result. Instead I'm relying heavily on a lucky spin of the wheel and only a slamdunk of a followup answer required.
View attachment 13124

Hmmm....big tips?

 

[goheels22002]

Here's the paragraph from the article.

Why Kenneth Feinberg weighing in matters


NFL

Video
Tom Brady facing Deflategate long shot despite en banc appeal petition
by Michael McCann
Feinberg may be the most influential voice yet to speak up on behalf of Brady. Feinberg is a legendary figure in legal circles, particularly among those connected to “fund distribution,” which refers to allocation of settlements to victims of large-scale harms. Feinberg has been entrusted with determining formulas that most fairly compensate victims of some of the worst incidents in recent history. He undertook this duty in assessing claims by victims of the September 11th terrorist attacks, the BP Deepwater Horizon disaster and the Boston Marathon bombings. In this capacity Feinberg acts as a neutral arbitrator. In 2014, I had theopportunity to interview Feinberg regarding his role in the Ed O’Bannon v. NCAAcase and specifically his plans to form the Former College Athletes Association, a group that would negotiate name, image and likeness rights on behalf of former college athletes.

Feinberg has no personal or reputational stake in whether Brady wins or loses, nor does he have a connection to the NFL or the NFLPA. In truth, you might expect someone of Feinberg’s stature to view getting involved in Deflategate as a net negative: no one on either side of this controversy has looked particularly good, and Feinberg has an impeccable reputation to protect. But as Feinberg explains in his amicus brief, he believes that the enforcement of Brady’s suspension would trigger consequences well beyond sports. He contends it would destabilize the system of arbitration in the Unites States and that it would make it harder for Feinberg and others like to him to carry out their duties.​

Kenneth Feinberg's brief is as important as the AFL-CIO. Both are important. The thread with Feinberg's brief has only 9 responses. I'm wondering if it is because people haven't read it. It's devastating for Goodell.

Feinberg, the most highly respected arbitrator in the United States, accuses Goodell of unilaterally changing the CBL during an arbitration hearing, not by negotiating at the bargaining table.

http://cbsboston.files.wordpress.com/2016/05/feinberg.pdf

 

[Tuck]

Oh don't get me wrong, justice may prevail. However I've little faith the process will produce this just result. Instead I'm relying heavily on a lucky spin of the wheel and only a slamdunk of a followup answer required.
View attachment 13124

Can I buy a vowel? Could be BIG TIES.

 

[TheBostonStraggler]

Hmmm....big tips?

Ohhh, so close

 

[Mack Herron]

Oh don't get me wrong, justice may prevail. However I've little faith the process will produce this just result. Instead I'm relying heavily on a lucky spin of the wheel and only a slamdunk of a followup answer required.

Many here who followed this so closely from the start have been angered by the naked corruption of the NFL. But we are playing in a different sandbox now and the unintended consequences have yet to play out. It is difficult to imagine Goodell attending a game in NE ever again, and the number of people who regard the NFL disciplinary process and ethics as a total sham has grown well beyond our little region.

 

[RobertWeathers]

Kenneth Feinberg's brief is as important as the AFL-CIO. Both are important. The thread with Feinberg's brief has only 9 responses. I'm wondering if it is because people haven't read it. It's devastating for Goodell.

Feinberg, the most highly respected arbitrator in the United States, accuses Goodell of unilaterally changing the CBL during an arbitration hearing, not by negotiating at the bargaining table.

http://cbsboston.files.wordpress.com/2016/05/feinberg.pdf

I think it's simply that people don't have an appreciation for Feinberg's credentials or know who he is.

I agree. It's the equivalent of a debate in how to coach in the NFL and BB or Vince Lombardi comes along and tells the world what he thinks is the right answer.

Its that big.

 

[TheBostonStraggler]

Many here who followed this so closely from the start have been angered by the naked corruption of the NFL. But we are playing in a different sandbox now and the unintended consequences have yet to play out. It is difficult to imagine Goodell attending a game in NE ever again, and the number of people who regard the NFL disciplinary process and ethics as a total sham has grown well beyond our little region.

Ya but what if Goodell personally paid for every game attendee's beer along with 3 months of free cable....maybe even throws in a free extra trip to the salad bar of your choice?

 

[Tony2046]

I think it's simply that people don't have an appreciation for Feinberg's credentials or know who he is.

I agree. It's the equivalent of a debate in how to coach in the NFL and BB or Vince Lombardi comes along and tells the world what he thinks is the right answer.

Its that big.

Well that and I think the main Amicus discussion took place in the AFL CIO thread. But you're right. I had no idea who Feinberg was or how relevant his brief seems to be.

 

[QuantumMechanic]

Either @WallachLegal or @IanPGunn points out that if CA2 orders the NFL to reply to the NFLPA petition, then that apparently reopens the amicus submission door. So expect to see pro-NFL filings then.

 

[SVN]

correct me if iam wrong , but the judges dont have to read a single amicus brief to make their decision , yes ?

 

[Mack Herron]

Either @WallachLegal or @IanPGunn points out that if CA2 orders the NFL to reply to the NFLPA petition, then that apparently reopens the amicus submission door. So expect to see pro-NFL filings then.

You refer to Goodell's immediate family?

 

[Actual Pats Fan]

Yeah, that's pretty much it. NFL's trying to have its cake and eat it too. On one hand they're saying Goodell can serve as an impartial arbitrator because he didn't decide the punishment (Vincent did). At the same time, they're claiming that Vincent was merely acting on Goodell's authority and that Goodell did determine the punishment (they only backtracked on this once it was pointed out that only Goodell had the authority to punish on this).

So basically, pick one: either Goodell was unable to serve as a neutral arbitrator or Brady was punished by someone who did not have the authority to punish him. At least one of these statement must be true, and this is just one of many things that two appellate judges apparently couldn't wrap their heads around.

Deflategate has really tanked any kind of faith that I might have had in the legal system in general.

Just a minute, just a minute, just, just settle down!...Goodell does what the majority owners tell him to, let's not single him out! OK, OK, this guy is a real zero, that's true...but just think back to when you were rookies, huh?...Julian Edelman, when you first came here you had a face like a pepperoni pizza, right? And what about Bryan Stork? Why, when he first showed up at training camp two years ago, everybody thought the Stork was brain damaged. I myself was so obnoxious, I used to wipe myself with a Terrible Towel every time I took a dump. So this guy is a total loser? Well, let me tell you the story of another loser...

 

[Galeb]