AFL-CIO files amicus brief in support of Tom Brady

[BTTA]

I've been of this opinion for some time but it's amazing to me that of all his accomplishments, if Brady is successful, defeating Goodell and confirming the rights of workers to fairness under arbitration may be his biggest contribution of all.

You know, with the course of human events as the context, you are right. Wow.
We'll need new t-shirts and hats with this as the theme - Brady as liberator of the working man.

 

[DaBruinz]

I think that with the heavy weights like the AFL-CIO chiming in, there is a greater likelihood that this gets re-heard in an en banc session..

 

[DaBruinz]

@JJC - Could you explain why you disagree with @ausbacker ?

 

[DaBruinz]

The Feinberg Brief hits the nail on the head with these statement:

In regards to Procedural Integrity:
"... In these cases, scrupulous adherence to procedural due process was critical to the credibility and success of the arbitrations."

While acknowledging Goodell's right to be the arbitrator, he slams Goodell's bias:
"The selection of a non-neutral arbitrator does not vitiate the requirement that the arbitrator act impartially and in a manner consistent with the collective desires of both parties."

"It is relatively common for parties to select a non-neutral arbitrator, but this does not vitiate the arbitrator’s obligation to act without bias."

Feinberg (imho) slams Chin and Parker, citing USC 9:
"Even if the parties convey wide-ranging discretion, this does not excuse unfettered discretion."

 

[bbobbo]

So is that 5 or 6 now? Anyone but me notice the complete LACK of amicus briefs supporting the NFL??

i was under the impression that the time for amicus briefs to be filed for the NFL would be if/when they're asked by the CA2 to respond to Brady's appeal. maybe a legal type can enlighten us more.

 

[BTTA]

Wonder who is next to file? Elie Wiesel? Julian Assange? This is the first time I've smiled about Defamegate since Berman.

This may help explain why the Pats filed as well. Olson may have let them know about this series of filings that was coming and suggested that their best PR move was to file, and to file early.

 

[The Gr8est]

Wallach says he now feels it's up to a 50% chance that rehearing will be granted.

IANAL, but I'm thinking better than 50%.

There would be a lot of explaining to do from a few people if it wasn't, given the surge of amicus support.

Maybe even Chin and Parker will be willing to take another closer look.

It may also be a good time to invest in Fruit of the Loom stock, I'm thinking Rodger may be changing them more often now.

 

[Gator Mike]

Feinberg's brief is a friggin' work of art.

Seriously... I'm gonna have to call the Viagara hotline, because I'm pretty sure this is gonna last longer than four hours.

 

[Tony2046]

Haha. I guess Wallach likes it a lot.

Daniel Wallach ‏@WALLACHLEGAL 33m33 minutes agoFort Lauderdale, FL
The sign of a masterful brief: when you tweet virtually every sentence. It really is that good--and persuasive (at least to me).


Daniel Wallach‏@WALLACHLEGAL
Game ball to Kenneth Feinberg: MVP of the #amicus season. His brief is a powerful piece of legal advocacy, and might move the needle for TB.

 

[DaBruinz]

One of the biggest things that I'm noticing in three of the Amicus Briefs and in Judge Katzmann's dissent is that they all hit Goodell for not following the standards of an arbitrator by needing to act impartially. And this was one of the main topics that Berman didn't rule on..

 

[libra957]

This is turning into some civil war movie just released.

 

[Pats2000]

Wow, just wow...how awesome is this. With labor unions and heavyweight arbitrators weighing in, along with scientists as disinterested parties. This is just huge...Brady is going to defy the odds. It's 10 minutes left in the Superbowl, against one of the best defenses ever to play the game, down by 2 scores...and Brady is going to find a way to win it all...

 

[Tony2046]

Yes Sah!

Dan Werly‏@WerlySportsLaw
Dan Werly Retweeted Daniel Wallach

Next question: Will the Court order the NFL to respond to Brady's motion for rehearing? All signs point to yes.

 

[Tony2046]

Daniel Wallach ‏@WALLACHLEGAL 3m3 minutes agoFort Lauderdale, FL
Second Circuit will likely issue an order within the next 3 weeks, either denying the petition or directing NFL to respond. Feast or famine.

 

[The Gr8est]

I wonder if Goodell would take a mulligan on this whole Defamegate nonsense now if he had a chance?

If Brady wins this is really gonna leave a mark.

 

[woolster22]

I wonder if Goodell would take a mulligan on this whole Defamegate nonsense now if he had a chance?

If Brady wins this is really gonna leave a mark.

Almost as bad as the marks he'd end up with after being alone in an elevator with a switch, ray rice, and AP.

 

[XLIX]

i was under the impression that the time for amicus briefs to be filed for the NFL would be if/when they're asked by the CA2 to respond to Brady's appeal. maybe a legal type can enlighten us more.

IANAL but from what I understand, the time to file an amicus brief expired today. Up to today, anyone could file an amicus brief in support of either side. Amicus briefs are not divided into Brady's turn or the league's turn.

What you are thinking of is the NFL's opportunity to file a formal response to Brady's en banc request. The NFL is actually not allowed to file a response to Brady UNLESS specifically asked to by the court. If the court says to the NFL "we would like you to respond to Brady's request" then I do not believe it reopens the window for amicus filings.

The general consensus is that the court asking the NFL to respond to Brady would be a good thing because that indicates they are considering the en banc request, as opposed to simply dismissing it out of hand.

 

[The Gr8est]

It is a really sad state of affairs, when we are on a website dedicated to the Gr8est NFL* dynasty of all time, yet it seems like we get more enjoyment out of positive legal developments than positive news about on the field activity.

 

[QuantumMechanic]

Wallach expects that we'll know something in about three weeks. He expects CA2 will either order the NFL to reply or dismiss the request for rehearing by then.

 

[fair catch fryar]

Yes. Let's just say that it sure seems like Ted Olson is calling in some favors.

He probably promised a lot of people that Tom would be a guest at their kids' birthday parties if they would write a couple words.....

I'll write what ever he wants and Tom can come to MY birthday party!!!!!!