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

[RobertWeathers]

I wish CA2 would just order re-arbitration.

With a truly independent arbitrator presiding ? Yes.

With Goody or some NFL sock puppet railroading Tom again? Hell no

 

[Ivan]

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.

Once again I don't want Brady back in arbitration at all. I want this to end with the En banc hearing, period. I don't trust anyone Goodell has any part in appointing. Harold Henderson is biased in favor of the league.

 

[QuantumMechanic]

I wish CA2 would just order re-arbitration.

Why?? What good could possibly come of it, even if a neutral arbitrator were used?

 

[Ivan]

Why?? What good could possibly come of it, even if a neutral arbitrator were used?

Yep.

I don't get the logic behind kicking this back to the NFL at all. Unless they want him to get screwed over again.

 

[XLIX]

Why?? What good could possibly come of it, even if a neutral arbitrator were used?

Let's see.....

A neutral arbitrator could compel testimony from relevant parties.
A neutral arbitrator could rule Brady did nothing wrong
A neutral arbitrator could reduce the suspension to something in line with an equipment violation

 

[Clonamery]

Let's see.....

A neutral arbitrator could compel testimony from relevant parties.
A neutral arbitrator could rule Brady did nothing wrong
A neutral arbitrator could reduce the suspension to something in line with an equipment violation

Could....not would. Fuggedaboutit!

 

[QuantumMechanic]

Let's see.....

A neutral arbitrator could compel testimony from relevant parties.
A neutral arbitrator could rule Brady did nothing wrong
A neutral arbitrator could reduce the suspension to something in line with an equipment violation

And an en banc CA2 upholding Berman ends the case once and for all (absent a Hail Mary completed to SCOTUS) with no suspension, which is better than any of those three.

 

[XLIX]

And an en banc CA2 upholding Berman ends the case once and for all (absent a Hail Mary completed to SCOTUS) with no suspension, which is better than any of those three.

Bullcrap.

A neutral arbitrator ruling Brady did nothing wrong would be far, far better than an en banc ruling saying that Goodell, as arbitrator, overstepped his authority. In both situations, Brady gets no punishment but the arbitrator's ruling would also exonerate him - and in the process expose how shady the NFL is when they have to testify.

Besides, you're assuming Brady gets en banc and wins en banc, neither of which is a given. If I could take neutral arbitration today, I would take it, and so would Brady.

 

[QuantumMechanic]

Bullcrap.
Besides, you're assuming Brady gets en banc and wins en banc, neither of which is a given. If I could take neutral arbitration today, I would take it, and so would Brady.

Well, your desire for neutral arbitration also assumes Brady gets en banc and wins en banc it enough to have the court order re-arbitration and require a neutral arbitrator. Because that's the only way re-arb could happen.

 

[BTTA]

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

At this late age, I'm no longer surprised by evil, greed, jealousy...any of the seven deadly sins (which we see the NFL offices commit so often).

But I continue to be caught off guard by amateurishness and stupidity. I'm amazed that the NFL would be so brazen and stupid as to put their officials in these interviews. You don't even need a high school education to know better than that. You just need to have seen a half dozen Law and Order episodes.

I'm starting to become pro-climate change. Let's just wipe out this first experiment with "higher intelligence" combined with opposable thumbs, and let evolution try again for a few million years. Or give the whole thing to the dolphins, whales, and elephants.

 

[Gronkowski123]

Jesus, 9 months? I hope CA2 takes their time with this case too..

brady could get suspended for the SB though.

 

[Gronkowski123]

Not needed. If CA2 agrees to grant en banc review, the panel decision is automatically wiped off the books (standard federal appellate rules), leaving Berman's decision as the only "live" decision in existence at that point.

Basically, when en banc review is granted, the en banc court steps into the shoes of the panel. It's as if the panel never heard the case in the first place and as if it went straight from Berman to the en banc court.

sounds too good to be true...

 

[SHOWTIME15]

Why?? What good could possibly come of it, even if a neutral arbitrator were used?

it's better for TB's legacy because more discovery would come out of it. The Arbitrator can look at it and say "I find no basis for wrongdoing." At the appeals court level the best they can say is "Goodell screwed up the process."

 

[XLIX]

Well, your desire for neutral arbitration also assumes Brady gets en banc and wins en banc it enough to have the court order re-arbitration and require a neutral arbitrator. Because that's the only way re-arb could happen.

I saw nothing in the statement wishing for CA2 to force arbitration that presumed any of the above. My understanding was that TommyBrady12's wish was for the court to order neutral arbitration without ruling on Goodell's impropriety.

 

[QuantumMechanic]

I saw nothing in the statement wishing for CA2 to force arbitration that presumed any of the above. My understanding was that TommyBrady12's wish was for the court to order neutral arbitration without ruling on Goodell's impropriety.

And for the court to order anything at this point other than what they've already ordered, either the panel will need to vote to rehear itself or the entire court will need to grant en banc review.

 

[XLIX]

And for the court to order anything at this point other than what they've already ordered, either the panel will need to vote to rehear itself or the entire court will need to grant en banc review.

Doesn't change the fact that forced neutral arbitration has the potential to create a scenario better than CA2 ruling en banc in the merits of the case.

I am 100% confident Brady wins a neutral arbitration hearing.

 

[DaBruinz]

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

Actually, no it wouldn't. The 2CA can order re-arbitration with full discovery and Goodell not being the arbiter.. It's happened in the past. That is how Tagliabue became the arbitrator for Bountygate..

 

[DaBruinz]

Why?? What good could possibly come of it, even if a neutral arbitrator were used?

I'm confused. Wouldn't it being kicked back to a neutral arbitrator with discovery and the other issues being taken care of likely result in Brady Acquittal? I believe it would. I also believe that, with discovery, we'd find out all sorts of juicy nuggets about the NFL that they don't want anyone to know. And it would lead to Goodell's ouster, imho..

 

[DaBruinz]

Well, your desire for neutral arbitration also assumes Brady gets en banc and wins en banc it enough to have the court order re-arbitration and require a neutral arbitrator. Because that's the only way re-arb could happen.

Well, then I hope that Brady is given en banc.

If (when) en banc is granted, can they order discovery? Such as emails/documents/texts that passed between Goodell, Vincent, Kensil, Gardi, Pash, Miller, etc? Getting those into the light of day would really destroy the "integrity" that Goodell has claimed so much..

 

[QuantumMechanic]

Well, then I hope that Brady is given en banc.

If (when) en banc is granted, can they order discovery? Such as emails/documents/texts that passed between Goodell, Vincent, Kensil, Gardi, Pash, Miller, etc? Getting those into the light of day would really destroy the "integrity" that Goodell has claimed so much..

No. The only thing they will have before them is what was before the panel -- the documents in the trial court case record and the briefs filed since then.

(This question has been asked of Wallach and other lawyers on-line and they've all been quite firm that discovery is not an option at the CA2 level.)