Breaking Story of NFLPA-NFL Expedition Motion

[JMC00]

Tanguay has weighed in. Brady has asked for an expedited process because there's no possible way he can win so he wants to get it over with and miss the first 4 games.

See...here's the good part. He's doing this so he doesn't miss games later in the season, yet if he knew he had a winning case, he'd get the TRO and then drag it out till the offseason. Easy peasy.

He literally argued both things.

tanguay is an idiot. They asked for an expedited process because if it goes against them they can file an appeal with the 2nd circuit before the season and Brady would be able to play.

 

[rochrist]

tanguay is an idiot. They asked for an expedited process because if it goes against them they can file an appeal with the 2nd circuit before the season and Brady would be able to play.

Of course Tanguay is an idiot. That's why I posted it.

 

[SoCalCPA]

Daniel Wallach just added another link on his twitter from sportslaw Blog - "Evident Partiality" which is another way of saying the arbitrator is biased is much easier to prove in the Second Circuit (NY) than the 8th Circuit (MN) - article says this favors the NFLPA

http://sports-law.blogspot.com/2015/08/another-home-field-advantage-for-tom.html?m=1

 

[Jimke]

The NFL had hoped for a judge who would adhere to the rigid language of the CBA and rubber
stamp his punishment. Instead, the judge has jumped in with both feet and seems to want to
make sure justice is obtained.

 

[JMC00]

Daniel Wallach just added another link on his twitter from sportslaw Blog - "Evident Partiality" which is another way of saying the arbitrator is biased is much easier to prove in the Second Circuit (NY) than the 8th Circuit (MN) - article says this favors the NFLPA

http://sports-law.blogspot.com/2015/08/another-home-field-advantage-for-tom.html?m=1

Well that's if it gets to the 2nd Circuit. People think the NFLPA wanted it expedited because Brady would prefer to sit out the first 4 games if he doesn't get it overturned and that IMO is just not true. If it isn't expedited then they have to file for the injunction which is a 50/50 shot but if Berman rules on it by Sept 4th and against Brady then the NFLPA would appeal to the 2nd circuit which Brady would be able to play pending appeal.

Would Kessler and the NFLPA preferred this went to Minnesota and in front of Doty? Yes. But people are being chicken littles if they think that the NFL outplayed Brady and the NFLPA with filing in NY.

 

[Triumph]

Legal expert Lester 'Triumph' Munson weighs in, unaware that the judge can't 'give' Brady anything.

Settlement whatever Jackie Chiles.

The NY judge is involved and its all part of the process.

http://nypost.com/2015/07/31/deflategate-judges-orders-hint-at-reduced-brady-ban/

The chances Tom Brady’s Deflategate suspension could be reduced appeared to improve Friday when the federal judge hearing his case ordered the NFL and the Patriots star to hold a settlement conference.

U.S. District Judge Richard Berman said commissioner Roger Goodell and Brady must appear in person at the conference, set for Aug. 12 in Manhattan. If that doesn’t work, Berman will hold an Aug. 19 oral-argument conference — essentially a mini-trial — with Goodell and Brady also required to attend.

And in case the sides weren’t clear on how he hopes the dispute will be decided, Berman used the word “settlement” five times in his order. The judge also agreed to the request of both sides to decide the matter before the Patriots’ Sept. 10 season opener, when Brady’s four-game ban is set to begin.

“I request that you all engage in comprehensive, good-faith settlement discussions prior to the [settlement] conference,” Berman wrote to the league and the NFL Players Association, which is acting on Brady’s behalf.

 

[Triumph]

Oh that troll is posting? I have him on ignore. But typical he'd take the "NFL has looked so great and Brady looks like an idiot" stance.

Im not a Homer, but even Mike Lupica has stated how poorly Brady has handled the whole affair.

 

[PP2]

Settlement whatever Jackie Chiles.

The NY judge is involved and its all part of the process.

http://nypost.com/2015/07/31/deflategate-judges-orders-hint-at-reduced-brady-ban/

The chances Tom Brady’s Deflategate suspension could be reduced appeared to improve Friday when the federal judge hearing his case ordered the NFL and the Patriots star to hold a settlement conference.

U.S. District Judge Richard Berman said commissioner Roger Goodell and Brady must appear in person at the conference, set for Aug. 12 in Manhattan. If that doesn’t work, Berman will hold an Aug. 19 oral-argument conference — essentially a mini-trial — with Goodell and Brady also required to attend.

And in case the sides weren’t clear on how he hopes the dispute will be decided, Berman used the word “settlement” five times in his order. The judge also agreed to the request of both sides to decide the matter before the Patriots’ Sept. 10 season opener, when Brady’s four-game ban is set to begin.

“I request that you all engage in comprehensive, good-faith settlement discussions prior to the [settlement] conference,” Berman wrote to the league and the NFL Players Association, which is acting on Brady’s behalf.

Look for that jackass Goodell to blow off or otherwise get out of the Aug. 12th hearing so that the 19th conference is forced.

The 19th is not good for Brady as that is the first joint team practice the team will have (vs. Saints) which essentially counts as a preseason game in that these joint practices are invaluable as a tool in exposing game design and technique flaws that otherwise would remain invisible as long as the team continually plays against itself.

 

[RobertWeathers]

Im not a Homer, but even Mike Lupica has stated how poorly Brady has handled the whole affair.

How should he have handled it?

What could Brady have done to improve his public standing AND his court case?

 

[MassPats38]

Forget where from but I read that getting the ruling before the season if it goes against Brady can go to the 2nd circuit (NY Court of Appeals) and still play. So really it's just easy to get this decision and appeal it than go for an injunction that is 50/50

The injunction standard is largely the same everywhere (in reference to the post you replied to - the Supreme Court has provided clear guidance of late on that, so all courts have that standard).

Usually appeal duration on actual case decisions is 6 to 8 months (or more). There is a way to get an injunction during that lengthy wait for a decision, but it is tougher to come by (rule is here if you have trouble sleeping).

It isn't easy to get a faster decision in the Second Circuit (plenty of heavy hitters in cases there).

Brady's camp may be holding off on a preliminary injunction application in order to see what happens in the early stages of this schedule (Vilma's camp sought an injunction about 6 weeks into the case, but that case started in May).

It is also important to note the briefing/argument schedules do not indicate a fast decision. The judge could sit on a decision for 6 months or more. The decisions are done in writing because it would be tough to issue what is in essence a contractual interpretation from the bench after argument (if there is oral argument at all). If they issue oral decisions, then they usually have the written order in hand. I would be very surprised if the judge went that route here. It is too easy to stumble, and every misstep invites an appeal.

 

[rochrist]

Settlement whatever Jackie Chiles.

The NY judge is involved and its all part of the process.

http://nypost.com/2015/07/31/deflategate-judges-orders-hint-at-reduced-brady-ban/

The chances Tom Brady’s Deflategate suspension could be reduced appeared to improve Friday when the federal judge hearing his case ordered the NFL and the Patriots star to hold a settlement conference.

U.S. District Judge Richard Berman said commissioner Roger Goodell and Brady must appear in person at the conference, set for Aug. 12 in Manhattan. If that doesn’t work, Berman will hold an Aug. 19 oral-argument conference — essentially a mini-trial — with Goodell and Brady also required to attend.

And in case the sides weren’t clear on how he hopes the dispute will be decided, Berman used the word “settlement” five times in his order. The judge also agreed to the request of both sides to decide the matter before the Patriots’ Sept. 10 season opener, when Brady’s four-game ban is set to begin.

“I request that you all engage in comprehensive, good-faith settlement discussions prior to the [settlement] conference,” Berman wrote to the league and the NFL Players Association, which is acting on Brady’s behalf.

The POINT is that the judge is not empowered to decide a penalty for Brady. He can vacate and send it back to the league with a strongly worded suggestion that they employ and actual NEUTRAL arbiter, but he can't set the punishment himself.

 

[VectorPrime]

Brady handled things very poorly in the first week after the AFCCG but that was due to the NFL purposely leaking out incorrect ball measurements that put him on the defensive because he had no logical explanation for it.

 

[dannydyn]

How should he have handled it?

What could Brady have done to improve his public standing AND his court case?

Brady should have summoned the press IMMEDIATELY when the whole thing broke out, and publicly condemn, refute, and deny any wrongdoing and/or having anything to do with deflating footballs. Instead, his silence was misinterpreted as admittance of guilt.

I would have liked him to do some more aggressive denying in a PUBLIC PRESSER early on, instead of waiting on months and 'posting something on his Facebook page' like some 16 year old brat.... I mean who the fck goes to Facebook on matter of such importance?!?!?

 

[Triumph]

How should he have handled it?

What could Brady have done to improve his public standing AND his court case?

1. In the press conference prior to the SB when asked if Brady was a "cheater" the response should have been a resounding NO. " I don't believe that I am" sounds weak and unsure.

2 Brady should have made a public statement proclaiming his innocence and that he did not instruct anyone to tamper with ball pressure.

3 Destroying that phone looks really bad.

 

[Triumph]

The POINT is that the judge is not empowered to decide a penalty for Brady. He can vacate and send it back to the league with a strongly worded suggestion that they employ and actual NEUTRAL arbiter, but he can't set the punishment himself.

The POINT is that the judge is still involved and his request of a settlement reeks of Brady serving all 4 games if this goes the distance. The Judge obviously believes Brady deserves some punishment.

 

[NashuaPats]

1. In the press conference prior to the SB when asked if Brady was a "cheater" the response should have been a resounding NO. " I don't believe that I am" sounds weak and unsure.

2 Brady should have made a public statement proclaiming his innocence and that he did not instruct anyone to tamper with ball pressure.

3 Destroying that phone looks really bad.

In his defense, he was working off lies by the NFL on a matter he had never probably even thought of just days earlier. Everyone in that room thought he was a cheater because of the NFL's lies. He didn't have a good answer for what could have happened because of the NFL's lies. There was an idiot reporter asking, "What do we tell the children?" as a result of the NFL's lies. When your employer or in this case the league is accusing you of a crime based solely on their lies about you, you are in a tough spot. At that point, he was likely confused by the matter because it probably never occurred to him that the league would lie about a crime and point their fingers at him while lying about a crime that never happened except in the figment of their lying imagination.

 

[JMC00]

The Judge obviously believes Brady deserves some punishment.

What an absolute baseless claim by you.

 

[JMC00]

Destroying that phone looks really bad.

You mean the phone he wasn't legally required to hand over and the phone ted wells said he didn't want?

 

[rochrist]

The POINT is that the judge is still involved and his request of a settlement reeks of Brady serving all 4 games if this goes the distance. The Judge obviously believes Brady deserves some punishment.

Ok Swami. I'm sure you'll be back to own it if you're wrong. You know, the same way you're wrong when you say 'if the judge gives him 1 or 2 games'.

 

[RayClay]

The POINT is that the judge is still involved and his request of a settlement reeks of Brady serving all 4 games if this goes the distance. The Judge obviously believes Brady deserves some punishment.