Brady Second Circuit Judges: Parker, Katzmann, Chin

[PatsFanSince74]

In deference to Goodell, shouldn't Berman hear the appeal of his own decision?

Yes, but not until he pays someone $5 million to write a report that his own Clerks get to edit in secret before it is made public and that says his ruling was correct.

 

[PatsFanSince74]

This is a great panel and here's why. Tom has the merits strongly on his side. He doesn't need a panel biased towards him; he just needs one that's fair. My big worry was that he would get one strongly biased against him. At the worst, these three judges collectively are neutral towards his case (although I think it's better than that). This panel makes me very happy!

I'm going to reserve judgment until I've done a little more homework on Parker, but, in general, I agree with you. Put it this way: I don't think there's a lot of high-fiving going on at 345 Park this afternoon.

 

[Pat the Pats Fan]

There have been discussions about Parker and Chin already in this thread. Here's the Wikipedia bio of Katzmann, the Chief Judge.

Appearances are everything. I think he looks like Unger (Charles Tyner)in the original Longest Yard.

 

[raduray]

I hope the NFL counsel digs in like last time, taking the position that Article 46 entitles them to do whatever they want to any player. Sure to impress.

They've already done that in the written submissions. The oral arguments are only 15 minutes per side.

 

[RobertWeathers]

Anybody find out anything interesting about Parker?

Somebody call me out if I'm wrong but Parker seems like he has a little activism in him.

Just The Beginning Foundation : Barrington Daniels Parker Jr

In this opinion Parker sides with the employer in a wrongful termination suit and upholds - but also offers dissent of the District Court's decision. I read through a good chunk of it and he seems well-reasoned and logical in his conclusion.

https://www.gpo.gov/fdsys/pkg/USCOURTS-ca2-12-02493/pdf/USCOURTS-ca2-12-02493-1.pdf

 

[ViperGTS]

Yea...just watch the Pelican Brief. It's all there on how its done.

You never answered my question about the Hinckley trial.

Who was/is his dad?

 

[RobertWeathers]

You never answered my question about the Hinckley trial.

Who was/is his dad?

Sorry I missed it.

He was Barrington D. Parker, Sr

Barrington D. Parker, 77, Is Dead; Trial Judge for Reagan's Attacker

 

[Hammer of Thor]

Somebody call me out if I'm wrong but Parker seems like he has a little activism in him.

Just The Beginning Foundation : Barrington Daniels Parker Jr

Here is an interesting case -- where he and 2 other judges (appointed by Bush 2 and Clinton) both issued an injunction on a US district court judge's order and also remanded her from the case due to impartiality and ethics concerns.

National Review Online

His father was a Republican appointed by Nixon but also ruled against Nixon on various items (notably price control policies). As he himself was appointed by Clinton but elevated by Bush 2 (senate confirmation vote 100-0), it's possible the apple may not have landed far from the tree.

 

[Ring 6]

I don't believe so. I believe whoever wins/loses this opens/closes the door for non-unionized workers who are suspended from their jobs without cause or notice to have a legal precedent to seek back-wages or any other punitive damages from their employer.

Non unionized workers are not subject to arbitration as part of a CBA.
This case is SOLELY about the arbitration award and the powers of the arbiter under the CBA/law.

The ruling would be irrelevant to the laws regarding being fired without cause in an at will employment situation.
Those situations have their own precedent and case law that apply. This wouldn't.

 

[ViperGTS]

Sorry I missed it.

He was Barrington D. Parker, Sr

Barrington D. Parker, 77, Is Dead; Trial Judge for Reagan's Attacker

Oh I meant Hinckley himself. Who HIS father is/was. Sorry I wasn't clear. But glad to know who the judge was.

 

[KDPPatsfan85]

I'm going to reserve judgment until I've done a little more homework on Parker, but, in general, I agree with you. Put it this way: I don't think there's a lot of high-fiving going on at 345 Park this afternoon.

Hopefully, more "get the nooses ready, we are F*CKED!!"

 

[RobertWeathers]

Here is an interesting case -- where he and 2 other judges (appointed by Bush 2 and Clinton) both issued an injunction on a US district court judge's order and also remanded her from the case due to impartiality and ethics concerns.

National Review Online

His father was a Republican appointed by Nixon but also ruled against Nixon on various items (notably price control policies). As he himself was appointed by Clinton but elevated by Bush 2 (senate confirmation vote 100-0), it's possible the apple may not have landed far from the tree.

I remember this in the news.....damn.

This guy will right a wrong and won't give a crap who gets embarrassed. Not even his own colleagues.

 

[RobertWeathers]

Oh I meant Hinckley himself. Who HIS father is/was. Sorry I wasn't clear. But glad to know who the judge was.

Yea I don't know who his folks where but I do remember them being bible thumpers from TX

 

[Hammer of Thor]

I remember this in the news.....damn.

This guy will right a wrong and won't give a crap who gets embarrassed. Not even his own colleagues.

Another thing I just found. Regarding federal criminal convictions, Parker has the highest rate of overturning convictions of anyone in the Southern District. Of course, the rate is only 8.8%. And it's criminal, not civil, so completely different. But this compares to < 2% for many of his peers.

What Are the Odds of Complete Reversal After Conviction in the Second Circuit? | Prison Legal News

Basically - seems like if he thinks Berman f'ed up, he'll call him on it. At the same time, he'll probably be very vocal if he thinks the NFL is the one who f'ed up.

 

[RobertWeathers]

Non unionized workers are not subject to arbitration as part of a CBA.

That is correct.

This case is SOLELY about the arbitration award and the powers of the arbiter under the CBA/law.

That is correct

The ruling would be irrelevant to the laws regarding being fired without cause in an at will employment situation. Those situations have their own precedent and case law that apply. This wouldn't.

Not accurate. Lawyers and judges leverage past opinions, decisions and dissents to support their argument and own opinion on a case. It doesn't need to be a 1:1 mapping of the exact set of circumstances to justify it being leveraged in a case.

 

[PatsFanSince74]

So you have the Chief Judge and two other high-powered, well respected US Federal Court judges of the 2nd district that preside over major, major cases on a daily basis and are one promotion away from the US Supreme Court and now they need to hear a labor law dispute in which it's genesis is born from deflated footballs caused by atmospheric conditions and driven by an agenda-driven idiot commissioner and bratty owners.

So f***ing stupid it's embarrassing. I can't even begin to think how other countries around the world perceive this madness.

Agree on all fronts.

The NFL is clearly going to steer as far away from the "facts" of the case as they can and argue about process. With Clement up front, they're probably going to try to make this a "Landmark" case about the rights of management under CBA's. But it looks like they might, once again, have gotten the wrong judges to whom to make that kind of argument.

 

[ctpatsfan77]

Its very possible that 4 of the people involved in this case will be considered and potentially nominated for the US Supreme Court.

Without getting into politics, this statement seems highly dubious: among other things, neither party is likely to nominate the 73-year-old Berman.

 

[Ring 6]

Everyone is trying to frame this as a partisan political management v. labor battle, hoping for democrats because Brady is labor.

However, IMHO, it is not quite as partisan as people are making it out to be. It is about the limits and rules for arbitration. In this particular instance, the labor side won the dispute and the management are the ones appealing. However, I don't see a group of judges declaring that arbitrators must be impartial as something that necessarily benefits labor any more than it benefits management.

More specifically, it is about
Did management provide notice to labor of the consequence of said action
Can an arbitrator deny labor the right to the investigation notes
Can an arbitrator bar labor from examining a witness because arbitrator decided it wasn't worthwhile
Can these decisions be made by the same individual, who is management
Is more likely than not generally aware an accurate legal standard for management to hold labor too
Can management arbitrarily impose larger penalties for the same offense by different individuals (part of notice as well)
Can arbitrator change the standard of guilt in arbitration as a way of escaping the poor standard of generally aware.

These are all clearly issues of management usurping labor rights. I think pro-labor vs pro-management would color 95% of the judgment on every issue in this case.

 

[RobertWeathers]

Another thing I just found. Regarding federal criminal convictions, Parker has the highest rate of overturning convictions of anyone in the Southern District. Of course, the rate is only 8.8%. And it's criminal, not civil, so completely different. But this compares to < 2% for many of his peers.

What Are the Odds of Complete Reversal After Conviction in the Second Circuit? | Prison Legal News

Basically - seems like if he thinks Berman f'ed up, he'll call him on it. At the same time, he'll probably be very vocal if he thinks the NFL is the one who f'ed up.

I agree. IIRC Berman was a pretty liberal in his decisions. Hopefully they see this train wreck the same way.

 

[ViperGTS]

Yea I don't know who his folks where but I do remember them being bible thumpers from TX

Papa Hinkley (Texas Big Oil) was longtime friend and campaign donor to....George Bush Sr.

Who becomes President if Reagan dies?