AFL-CIO files amicus brief in support of Tom Brady

[juny]

possibly a repost, but this guy is holding nothing back:

 

[Mack Herron]

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.

Herr Goodell et al. happy we're not discussing concussions.

 

[bbobbo]

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.

good to know, thanks for clearing that up. it certainly doesn't look good for the NFL.

 

[woolster22]

Olson will never pay for a meal or drink in Massachusetts again if he pegs that megalomaniac to his own damn cross.

 

[DaBruinz]

Quick question. I noticed this line at the end of the AFL-CIO Amicus Brief..

"The Court should grant the Association’s petition for panel rehearing
or, in the alternative, grant the petition for en banc review."

This raises the question for me. Can the 3 member panel rehear the case? Or does it have to be an en banc review?

 

[Ross12]

NFL: We got Paul Clement, who you got?

Brady: I got Ted Olson

Olson: And I've got..............

 

[n6249c]

It also (potentially) goes to SCOTUS if the en banc court rules for the NFLPA and the NFL petitions SCOTUS to take the case.

My bet is that in that eventuality cert is not granted. SCOTUS can simply pass, and most likely will.

 

[AtomicDawg]

 

[QuantumMechanic]

I thought this was another nice point by Feinberg:

"If the NFL sought to add a new violation for failure to report wrongdoing, increase the penalty for equipment violations, or being suspending players for obstruction, it would be within its rights to do so. But these changes must come through the bargaining process -- not the arbitration process. The arbitrator, whose authority is derivative of the contract, cannot modify the contract.". (emphasis mine)

 

[ThatllMoveTheChains!!!]

Herr Goodell et al. happy we're not discussing concussions.

Starting another fire to distract from a fire you started only works for so long. They can't seriously think this is a long term solution.

 

[Mack Herron]

Starting another fire to distract from a fire you started only works for so long. They can't seriously think this is a long term solution.

Not clear there'$ much thinking at all going on on Park Ave. Looks more like a cadre of entitled idiots.

 

[Galeb]

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

I suspect Chin and Parker want nothing more than for this to go away quietly. If the vote for an en banc, it won't be because they want to take another look, it will be to save face. The NFL got to them, and I hope it comes to light.

 

[Galeb]

Starting another fire to distract from a fire you started only works for so long. They can't seriously think this is a long term solution.

Considering our temporary nature, the unfortunate truth is that it often works for long enough.

 

[Clonamery]

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.

I wonder if Goodell would take a double barrel shot to the back of the hea...oh, whoa, just Jokering around.

 

[GrogansArmy]

Goodell "failed to follow basic procedural fairness and acted arbitrarily as an employer seeking to justify his own disciplinary decision rather than as a neutral arbitrator considering an appeal"

Didn't Goodell have Troy Vincent make the initial decision so that people couldn't claim the above?

 

[RobertWeathers]

Didn't Goodell have Troy Vincent make the initial decision so that people couldn't claim the above?

Goody later said he did b/c it no longer mattered.

 

[XLIX]

Goody later said he did b/c it no longer mattered.

IIRC, he later said he did it because having Vincent make that original decision would have given some ammo to the Brady camp since Vincent is not authorized by the CBA to decide such things.

 

[The Gr8est]

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...

Looking forward to Brady's spike after the score.

Maybe he'll let Gronk do the honors....

 

[RobertWeathers]

IIRC, he later said he did it because having Vincent make that original decision would have given some ammo to the Brady camp since Vincent is not authorized by the CBA to decide such things.

Yep. NFL moved their authority boundaries when it became convenient to do so.

 

[RelocatedPatFan]

This is getting huge. I hope that Chin and Parker are exposed for their corruption after Brady is successful.

Let's not call it corruption quite yet, but it'd be a whole lot of fun if they reversed their original ruling (assuming an en-banc hearing happens)