Brady appeal decision coming next week?

[Galeb]

That is one of my fears. I admit I don't understand all the legal technicalities involved but one of my concerns is that any appeal to federal court can only look at the process within the framework of the CBA, and not the actual question of guilt.

The CBA stipulates the criteria needed to determine guilt. Even considering the loose criteria provided in the CBA, the league didn't even come close to establishing guilt.

 

[YOUGOTMOSSED]

Personally speaking I'm a strict constructionist, and my slaves wouldn't have it any other way...............

Hey, if we strictly followed the constitution, we wouldn't have income tax or a federal reserve system. The fed government sleazed in a few amendments changing that in 1913 and the federal courts (like the good federal employees they are) dismissed out of hand any arguments calling "bullsh*t" on it.

 

[MagicMarker]

So cynical...Goodell's plan is to make it difficult for Brady. If Brady is innocent, he has to sue. If that fails, he needs to make sure some investigative reporter writes about this. It would be telling if they "fail to cooperate". Also, would be nice if McNally or Jastremeski sue -- they aren't public figures. That could drag more of this info out into the open.

 

[Galeb]

So, we're going to reveal the surface of Pluto close up before Goodell reveals his faux appeal ruling.

Interesting, both began their mission in 2006.

 

[PatsFanSince74]

This week makes sense. Let the story dominate the news without stepping on the Training Camp story lines in two weeks..

In the unlikely event that he's going to exonerate Brady, he'll wait until Friday; as any politician will tell you, if you want to bury an unpopular story release it on a Friday in July or August.

I'd originally thought that it would most likely come out today or tomorrow, but I forgot about the All Star game, as another poster observed. That would suggest Thursday so it will have the news cycle all to itself.

 

[aluminum seats]

This week makes sense. Let the story dominate the news without stepping on the Training Camp story lines in two weeks..

In the unlikely event that he's going to exonerate Brady, he'll wait until Friday; as any politician will tell you, if you want to bury an unpopular story release it on a Friday in July or August.

But, it's most likely that it will come out today or tomorrow to get maximum attention this week and next.

I'm thinking tomorrow--they won't want to step on the All-Star game. The day after the All-Star break is, I believe, the only day of the year where there is nothing going on in the four major sports.

 

[PatsFanSince74]

I'm thinking tomorrow--they won't want to step on the All-Star game. The day after the All-Star break is, I believe, the only day of the year where there is nothing going on in the four major sports.

Very good point. I'd forgotten about the All Star Game. That would actually argue for Thursday, so the story has the news cycle all to itself.

 

[IllegalContact]

I'm starting to think that Brady is going to file a defamation lawsuit regardless of the outcome of the appeal........

My common sense believes he is being honest and is innocent..........and with that in mind, the final say with regard to punishment is irrelevant. If they are negotiating Brady's right to take the appeal outcome to court, I doubt they are negotiating the defamation portion of it.

 

[Ivan]

I'm starting to think that Brady is going to file a defamation lawsuit regardless of the outcome of the appeal........

My common sense believes he is being honest and is innocent..........and with that in mind, the final say with regard to punishment is irrelevant. If they are negotiating Brady's right to take the appeal outcome to court, I doubt they are negotiating the defamation portion of it.

Why would he get a labor lawyer to fight a defamation lawsuit?

I think Brady has a legitimate defamation case but as many have pointed out they are incredibly difficult to win. Kessler is the unions go to guy for labor issues and I think they know that the disparity with precedent and inconsistency of Gödel's rulings make this an easy win for them on those grounds. The CBA gave Gödel the power to sanction players but that doesn't mean he can do whatever he wants, he still has to apply precedent and consistency to his decisions and he has clearly ignored both in this case. As much as I would love to see a defamation suit I think this is going down the road of a labor lawsuit. My best guess is a season long injunction and a court decision in the spring of next year, in all likelihood one that rules in Brady's favor.

 

[IllegalContact]

Why would he get a labor lawyer to fight a defamation lawsuit?

I think Brady has a legitimate defamation case but as many have pointed out they are incredibly difficult to win. Kessler is the unions go to guy for labor issues and I think they know that the disparity with precedent and inconsistency of Gödel's rulings make this an easy win for them on those grounds. The CBA gave Gödel the power to sanction players but that doesn't mean he can do whatever he wants, he still has to apply precedent and consistency to his decisions and he has clearly ignored both in this case. As much as I would love to see a defamation suit I think this is going down the road of a labor lawsuit. My best guess is a season long injunction and a court decision in the spring of next year, in all likelihood one that rules in Brady's favor.

he wouldn't.........if he has a lawyer for a defamation suit......none of us would know it

 

[SHOWTIME15]

i am prepared for the suspension to be upheld. no way goodell overturns ted wells.

 

[patfanken]

i am prepared for the suspension to be upheld. no way goodell overturns ted wells.

Not that I disagree with you, but the person he'd be overturning would be Troy Vincent. He's the one who issued the suspension.

Personally, I think Goodell wants to drag this thing out into the start of TC. The longer this goes on the more damage he does to the Pats and puts more pressure on Brady. The reality of this is that he could have rendered a decision within 48 hours of the appeals hearing. You either believe Welles' or the facts. It's not something that needs weeks to determine what course he wants to take. Goodell knew the outcome of this hearing weeks before it occurred. From the Welles report to the appeals process, all this time is strictly for show and strategy.

 

[Rob0729]

a judge doesn't have "discretion" to take a case like a lawyer. if the judge dismisses a case before trial he/she has to do so based on the law - not whether they feel like dismissing it. if john doe has a solid case against acme then the judge has to hear john doe's case.

It happens all the time that Federal judges don't take cases just because they don't want to get involved. When someone files a case with the court, there is not a lot or no evidence presented to the judge prior to taking the cases. The plaintiff just gives the reasons why they are bringing the case to court. It is then up to a judge's digression on whether they want to hear the case (this is why they say that it hard to get an arbitration case heard at court because judges do not want to get involved in cases with agreed to arbitration).

I think you are confusing summary judgements, not whether a judge can or cannot take the case.

 

[SHOWTIME15]

It happens all the time that Federal judges don't take cases just because they don't want to get involved. When someone files a case with the court, there is not a lot or no evidence presented to the judge prior to taking the cases. The plaintiff just gives the reasons why they are bringing the case to court. It is then up to a judge's digression on whether they want to hear the case (this is why they say that it hard to get an arbitration case heard at court because judges do not want to get involved in cases with agreed to arbitration).

I think you are confusing summary judgements, not whether a judge can or cannot take the case.

right, but the judge can't dismiss or decline to hear a case based on his/her personal feelings like "i'm not going to hear Mr Brady's case because I don't like cases involving the NFL." summary judgment is grounded in law and is a different scenario.

 

[obgod3]

right, but the judge can't dismiss or decline to hear a case based on his/her personal feelings like "i'm not going to hear Mr Brady's case because I don't like cases involving the NFL." summary judgment is grounded in law and is a different scenario.

Well they certainly cant say they declined for that reason but they will find plenty of other reasons to do so.

Example: Someone I know went for an interview and asked if he should shave off his beard, I said it might be a good idea or clean it up so you dont look like your running moonshine. He said they cant "not" hire him for having a beard, my response was that they wont do that, they will find forty other reasons not to hire you.

 

[MagicMarker]

i am prepared for the suspension to be upheld. no way goodell overturns ted wells.

That's probably true. On the other hand, Goodell has not made an public showing of support for Wells (and Wells has not been too happy about it either)

 

[VectorPrime]

From the way Vincent has been handling himself and making comments its obvious the punishment is going to be upheld.

 

[Rob0729]

right, but the judge can't dismiss or decline to hear a case based on his/her personal feelings like "i'm not going to hear Mr Brady's case because I don't like cases involving the NFL." summary judgment is grounded in law and is a different scenario.

If a judge doesn't want to hear a case, they can decline it for any reason as long as he/she has a legitimate reason to give as an excuse. They can easily say that is a case where both sides agreed with the terms of the process and we are not going to get involved in internal arbitration cases.

 

[XLIX]

I'm thinking tomorrow--they won't want to step on the All-Star game. The day after the All-Star break is, I believe, the only day of the year where there is nothing going on in the four major sports.

I don't think the NFL gives the slightest care about stepping on the all-star game. They stomped on MLB a couple years ago when they decided to no longer skip playing a Sunday night game during the World Series.

 

[MagicMarker]

From the way Vincent has been handling himself and making comments its obvious the punishment is going to be upheld.

Do you not think Vincent has misread a situation before? He sure misread the NFLPA when he attempted a coup.