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

[Palm Beach Pats Fan]

We will have to declare a 2nd Patriots Day state holiday, should Goodell be canned after losing the case.

Victory over a tyrant? Check.
Triumph of right over corruption? Check.

Parades will be needed on an annual basis.

 

[Mack Herron]

 

[bormio]

If Roger had his way, he'd go to the Supreme court if his appeal is overturned. I'm not sure the owners would go for that. I wouldn't be shocked if Roger was canned if the appeal is overturned.

If Brady wins en banc, the NFL will go to the USSC, with the blessing of a substantial number of the owners. The owners are itching to take down the Patriots, and they will not stop now.

 

[Mack Herron]

If Brady wins en banc, the NFL will go to the USSC, with the blessing of a substantial number of the owners. The owners are itching to take down the Patriots, and they will not stop now.

Unless Kraft makes another move to end the rhetoric.

 

[SHOWTIME15]

 

[The Gr8est]

IANAL, but wouldn't entering the amicus briefs into the appeal be rather significant?

Wouldn't that suggest the they are preparing to take up the en blanc appeal?

After all, I wouldn't give a new paint job to an old auto just before taking it to the junk yard.

 

[bormio]

IANAL, but wouldn't entering the amicus briefs into the appeal be rather significant?

Wouldn't that suggest the they are preparing to take up the en blanc appeal?

After all, I wouldn't give a new paint job to an old auto just before taking it to the junk yard.

Could be, but might just be giving the impression of being open-minded. Nothing says they have to actually READ the briefs. Better than refusing to take the briefs though.

 

[Galeb]

 

[BelichicksBlackEye]

The silver lining to this whole situation is we are all practicing amateur appellate lawyers

 

[SVN]

seems like katzmann is the one who allowed the amicus briefs to the appeal. He sided with brady so dont know this looks like a significant development. But i dont know anything all this.

 

[The Gr8est]

seems like katzmann is the one who allowed the amicus briefs to the appeal. He sided with brady so dont know this looks like a significant development. But i dont know anything all this.

Katzmann is also the chief justice, would adding these briefs be a function of the chief justice, or can any justice do it?

 

[SHOWTIME15]

Katzmann is also the chief justice, would adding these briefs be a function of the chief justice, or can any justice do it?

That's a good question. Another question is if the briefs were only entered today, does that mean none of the judges read them yet?

 

[SHOWTIME15]

 

[QuantumMechanic]

That would be cool if it happened again.

Daniel Wallach ‏@WALLACHLEGAL 17s17 seconds ago
In its last en banc grant, it took the Second Circuit more than 9 months to decide whether to rehear following filing of opposition brief.

 

[Buchanty]

If Brady wins en banc, the NFL will go to the USSC, with the blessing of a substantial number of the owners. The owners are itching to take down the Patriots, and they will not stop now.

I think much will depend on the quality and quantity of information that arises from the hearing. If there is a full review of all the evidence (both imaginary and real), and there is a detailed inquiry into each of the elements, then many if not all of the misdeeds and misrepresentations of the NFL will be on full public display. That could launch such bad press for the NFL, that the owners would greatly fear a repeat drubbing in the USSC, and step back from that ledge. At the very least the owners would start to see how badly mismanaged the whole debacle really was, and they may even prefer to save face with their paying public by sacrificing Goodell to the wolves.

I can but dream.

 

[Ivan]

As I said in a previous thread when the NFL hired Clement, THAT was when Olson should have been brought in.

Hopefully Millstein is correct.

You are presuming that Olson was available then.

 

[varjao]

So from all the things I have read Olson is a closer right, you don't make a call to the bullpen and bring a closer to the field on the 7th inning.

My question is, was the appeal that Kessler ****ed up already Olson's territory or was still 7th inning?

 

[PatsWickedPissah]

On the bad side, he thinks that if en banc review is not granted (and perhaps even if it is) that NFLPA/Brady will have a tough time getting a stay from anyone pending SCOTUS decision on hearing the case or not because SCOTUS won't view missing the games as enough "irreparable harm" to the NFLPA/Brady because he doubts "they give a **** enough about football" and because they'll view Brady as being able to "repair" the harm by getting his game checks back if he ultimately wins (i.e. that SCOTUS would view the lost paychecks as the thing that matters, not the act of missing the games, and lost paychecks can always be restored after the fact, hence no "irreparable harm").

There aren't enough Dislikes to describe my reaction to this likely reality

 

[SHOWTIME15]

I don't see how missing 4 games isn't irreparable harm. Those are games that are incredibly important to brady and the patriots that you can't get back.

 

[VectorPrime]

Not to mention the irreparable harm of losing sponsorships due to the hit on his reputation.