Alan Millstein: Brady's chances of en banc hearing dramatically improved with latest amicus filings

[Tuck]

A playoff game without Brady, because of this nonsense, would be a fraud, and even the "full 32" would know that.

I agree that they would know it's a sham but I really don't think they care. The primary motivation, in my opinion, is ensuring the pats don't have yet another AFC Championship appearance so someone else can have a chance.

 

[Ivan]

A playoff game without Brady, because of this nonsense, would be a fraud, and even the "full 32" would know that.

Wow. Naive was one adjective I never thought would apply to you. The 31 would see it as justice, they would be wrong but that's how they would see it.


Billionaires are generally b.tches.

 

[PatsFanSince74]

No more than any other theory put out there.

Well, some theories have some evidence behind them. Unless you have data on Johnson's relationship with CA2 judges, then the suggestion of a history that could have kept him out of the Appeal hearing is pretty much what I said it was. Don't get me wrong. Sometimes wild ass guesses turn out to be right, but that doesn't mean they weren't wild ass guesses.

 

[Ivan]

Well, some theories have some evidence behind them. Unless you have data on Johnson's relationship with CA2 judges, then the suggestion of a history that could have kept him out of the Appeal hearing is pretty much what I said it was. Don't get me wrong. Sometimes wild ass guesses turn out to be right, but that doesn't mean they weren't wild ass guesses.

They knew who the justices would be, had their been a conflict for Johnson they could have had another appellate attorney from his firm take his place. Kessler should not have been the one arguing to that court. I'm sticking with ego as the reason.

 

[SHOWTIME15]

NHL sues NHLPA in SDNY. I wonder if olson can use this against the NFL.

 

[bbobbo]

NHL sues NHLPA in SDNY. I wonder if olson can use this against the NFL.

ironically, to support their own case, the NHL should file an amicus brief in support of Brady:

 

[bbobbo]

for the lawyerly types, someone mentioned that if the NFL is asked to respond to Brady's appeal, the window for filing amicus briefs re-opens. can additional briefs supporting Brady be filed, or only briefs supporting the NFL?

 

[QuantumMechanic]

for the lawyerly types, someone mentioned that if the NFL is asked to respond to Brady's appeal, the window for filing amicus briefs re-opens. can additional briefs supporting Brady be filed, or only briefs supporting the NFL?

I would guess that it could be both, so long as they relate to the NFL reply (i.e. amici saying why the NFL's argument that en banc review be denied should/should not carry the day). Just like anti-NFLPA people could've (but didn't) file amici saying en banc review should not be granted.

 

[QuantumMechanic]

An interesting development in the "Bullygate" defamation case. Another reason I'd like to see Brady file a defamation action.

 

[Ivan]

An interesting development in the "Bullygate" defamation case. Another reason I'd like to see Brady file a defamation action.

I don't think Brady will file a defamation suit because he wants this over and done with but imo he should sue ESPN for 1 billion and put them out of business.

 

[DaBruinz]

An interesting development in the "Bullygate" defamation case. Another reason I'd like to see Brady file a defamation action.

Couldn't this also hurt the NFL in Brady's case because it would show a pattern of the NFL manipulating the outcome of it's "investigations". Essentially making the data fit the transgression..

 

[BelichicksBlackEye]

Man i love me some Daniel Wallach

 

[Ivan]

Couldn't this also hurt the NFL in Brady's case because it would show a pattern of the NFL manipulating the outcome of it's "investigations". Essentially making the data fit the transgression..

Depends upon what they focus on. One of Goodells big lies was the independent investigation lie, however in their filing to Bermans court Pash claimed the investigation was neither independent not did it need to be. They were having their cake and eating it.

I don't think this rehearing, if they get it, is going to be about the investigation though, I think it will be about Goodell handing down punishments for things that were not a part of the appeal, specifically the phone, which Goodell claimed was similar to PEDs this upholding the 4 game suspension. However the initial punishment had nothing to do with his phone, that came up right before the appeal. So Brady, in effect, never got to appeal what he was ultimately punished for. That's the "industrial justice" Feinberg is alluding to.

Imo this is why Brady is going to win in the end. All Goodell had to too was rule that the initial punishment was upheld and the NFL would most likely win, unfair as that would be. However Goodell's hubris and incompetence led him to instate his own rulings rather than simply uphold the ones they had already put in place.

He's a f.cking idiot, case closed.

 

[DaBruinz]

Depends upon what they focus on. One of Goodells big lies was the independent investigation lie, however in their filing to Bermans court Pash claimed the investigation was neither independent not did it need to be. They were having their cake and eating it.

I don't think this rehearing, if they get it, is going to be about the investigation though, I think it will be about Goodell handing down punishments for things that were not a part of the appeal, specifically the phone, which Goodell claimed was similar to PEDs this upholding the 4 game suspension. However the initial punishment had nothing to do with his phone, that came up right before the appeal. So Brady, in effect, never got to appeal what he was ultimately punished for. That's the "industrial justice" Feinberg is alluding to.

Imo this is why Brady is going to win in the end. All Goodell had to too was rule that the initial punishment was upheld and the NFL would most likely win, unfair as that would be. However Goodell's hubris and incompetence led him to instate his own rulings rather than simply uphold the ones they had already put in place.

He's a f.cking idiot, case closed.

If the defamation case shows a pattern of lying and making facts fit the crime, then it also goes to bias of the NFL's arbitration process. Particularly if the people involved in the investigation aren't made available. And those are two of the big issues that Katzmann hit the NFL on. Berman chose not to rule on the bias of the NFL, giving him a clear way to hammer the NFL should it be sent back to him..

 

[QuantumMechanic]

While I want CA2 to simply uphold Berman I have to admit part of me wants it to be remanded to Berman for further proceedings and that he then allows discovery as part of evaluating impartiality/fairness or lack thereof.

 

[jpat]

While I want CA2 to simply uphold Berman I have to admit part of me wants it to be remanded to Berman for further proceedings and that he then allows discovery as part of evaluating impartiality/fairness or lack thereof.

That or remand back to NFL for a n appeal before a neutral arbitrator. Then people wouldn't be able to say "it doesn't prove he's innocent, it was only the process"

 

[SHOWTIME15]

While I want CA2 to simply uphold Berman I have to admit part of me wants it to be remanded to Berman for further proceedings and that he then allows discovery as part of evaluating impartiality/fairness or lack thereof.

I wish CA2 would just order re-arbitration.

 

[Ivan]

If the defamation case shows a pattern of lying and making facts fit the crime, then it also goes to bias of the NFL's arbitration process. Particularly if the people involved in the investigation aren't made available. And those are two of the big issues that Katzmann hit the NFL on. Berman chose not to rule on the bias of the NFL, giving him a clear way to hammer the NFL should it be sent back to him..

I don't disagree with you on the bias I just think they can will focus more on the punishments not being a part of the appeal to Goodell. Berman never ruled on the fairness.

 

[Ivan]

I wish CA2 would just order re-arbitration.

That would be a terrible outcome. It would put Brady back in front of Goodell for his appeal.

 

[Hammer of Thor]

That would be a terrible outcome. It would put Brady back in front of Goodell for his appeal.

I think the implication is re-arbitration with a different arbiter. Putting him back in front of Goodell very easily leads to a subsequent lawsuit claiming bias; not due to Goodell's role as judge and executioner, but with personal vendetta as the issue. Let's face it - if it was remanded to be re-arbitrated in front of Goodell, it would wind up back in court unless Goodell completely overturned everything. The judges wouldn't want that.

In this situation, I think what they would do is order re-arbitration, disallow Goodell, but allow Goodell to pick the arbitrator. This would be similar to other past outcomes. Doubt he'd use Paul Tagliabue again, but could go with Harold Henderson as he's been the go-to guy recently.