Goodell: Our judgement was based on the facts

[ReverendMaynard]

No wonder they don't think Goodell should have to get the facts or the law straight. They're afraid they might start being held to that standard, too!

 

[TBR]

It sounds sick, but I honestly wouldn't be offended by that. I definitely wouldn't shed a tear. Maybe we can get some of the neighborhood kids from Southie to come down and beat his body with baseball bats like a piñata.

Someone made something similar last Halloween (minus the piñata aspect):

LOOK: Halloween display of Roger Goodell looks so real it's creepy

 

[QuantumMechanic]

1. Have your legal papers ready to go. They should have anticipated an adverse ruling by Goodell. A blind man could see that coming.
2. File electronically.

Brady lives in MA. The relevant events happened in MA. No potential venue issue except maybe that "first to file" sh*t if they filed concurrently.

The NFL knew when they were handing down the arbitrator's award. They could literally file the action to confirm the award the moment they handed/emailed the award to Brady. How could Kessler possibly file first?

 

[OhExaulted1]

 

[YOUGOTMOSSED]

The NFL knew when they were handing down the arbitrator's award. They could literally file the action to confirm the award the moment they handed/emailed the award to Brady. How could Kessler possibly file first?

I'm not really all that knowledgeable on the "first to file" rule (it's not like it comes up that often) and I'm too lazy to research it. If the actions were filed in 2 separate (but proper) venues on the same day, I'm guessing Kessler would have had a more compelling legal argument to keep the f*cking thing out of NY.

Anyone who's dealt with this issue personally or has enough free time to research it, please tell me if I'm wrong.

 

[Froob]

How the **** does this happen? Absolutely ****ing absurd.

 

[Froob]

Shouldn't the judges getting facts that are easily proven wrong be reason enough to have the case reheard?

 

[Patsfanin Philly]

I was just coming to Kessler's defense because I can empathize with a fellow attorney confronted with an unreasonable judge(s) hostile to the case. When you're in that situation, it's like you can't say or do anything right and it just f*cking sucks.

I think Kessler should have gone for a MA venue (I really don't know how good or bad the MA federal judges are but they couldn't have been worse than NY) but I can't criticize him for not "tagging out" to his appellate guy.

True and if it had been Steffen Johnson who got roughed up, the consensus would have been " they should have let Kessler argue the case.". If Chin thought the evidence was " compelling" when no one else did, there is nothing that was going to happen to change his mind......

 

[IllegalContact]

he's gonna be somebody's b1tch someday

 

[turkeyneck]

Chin thought the evidence was " compelling"

Yep. That was the kiss of death. When that came out I knew that Chin hadn't apprised himself of the filings but just went to his football buddy and asked "What's this about?" and was told "Brady cheated."

Brady's only chance now is to swamp Chin's unmoveable opinion in a larger pool of more maleable opinion, i.e., en banc, or get reheard in a different pool that does not contain Chin's micro-intellect , i.e., USSC.

 

[YOUGOTMOSSED]

Yep. That was the kiss of death. When that came out I knew that Chin hadn't apprised himself of the filings but just went to his football buddy and asked "What's this about?" and was told "Brady cheated."

Brady's only chance now is to swamp Chin's unmoveable opinion in a larger pool of more maleable opinion, i.e., en banc, or get reheard in a different pool that does not contain Chin's micro-intellect , i.e., USSC.

Again, this is NY. AN en banc probably isn't going to make this situation any better. You're going to have a bunch of judges who are (or have close relations to) season ticket holders to Jets/Giants games or, in the unlikely event you get a judge who doesn't follow sports, are bombarded with negative press about Brady in the NY tabloids. You're naive if you think this isn't skewing their analysis of this case.

I reiterate, keeping this case out of NY (and getting it to MA) should have been top priority. HFA was more important here than in the NFL playoffs.

 

[RunAmok]

At the risk of oversimplification, the core issue was simply whether, under the CBA, Goodell had to abide by any notions of due process or, in the name of expediency, "anything goes" up to and including defamation and "facts" spun from whole cloth. For whatever reason, 2 judges felt the later was the correct call. It's totally speculative whether another lawyer could have reasoned them out of such an absurd interpretation of "deference to the arbitrator."

You typically can't reason someone out of a position they didn't reason themselves into no matter how good you are or how big a reputation you have.

Two of the judges, especially Chin, came to the hearing with a strong prejudice against TB and the NFLPA. Anyone finding the Wells Report compelling clearly is not paying attention to the facts. They were able to narrow their focus down to a very small slice of the issue "Does the CBA give Goodell the power to arbitrarily define an infraction and hand out any punishment he desires." Based on what Article 46 actually says and the decision that the 2 came up with, I truly doubt anyone could have changed their opinion. Their thinking sits outside the realm of facts, login, fairness and critical thinking and resides in a vacuum of legalese.

 

[turkeyneck]

Again, this is NY. AN en banc probably isn't going to make this situation any better. You're going to have a bunch of judges who are (or have close relations to) season ticket holders to Jets/Giants games or, in the unlikely event you get a judge who doesn't follow sports, are bombarded with negative press about Brady in the NY tabloids. You're naive if you think this isn't skewing their analysis of this case.

I reiterate, keeping this case out of NY (and getting it to MA) should have been top priority. HFA was more important here than in the NFL playoffs.

I have no illusions whatsoever about the implicit bias of this playing out in a NY media milieu. I was merely pointing out that if Brady is to have any further chance at all the weight of Chin's adamantine ignorance has to be reduced by either enlarging the pool or by changing the pool. That the pool, at least as regards 2C, is still filled with NY bias is a given.

Brady has gotten better press in DC so maybe a slightly better chance at USSC level?

 

[RobertWeathers]

How the **** does this happen? Absolutely ****ing absurd.

Looks like Bob didn't get his desired effect with context report....

The Well Report was the Bible

 

[YOUGOTMOSSED]

I have no illusions whatsoever about the implicit bias of this playing out in a NY media milieu. I was merely pointing out that if Brady is to have any further chance at all the weight of Chin's adamantine ignorance has to be reduced by either enlarging the pool or by changing the pool. That the pool, at least as regards 2C, is still filled with NY bias is a given.

Brady has gotten better press in DC so maybe a slightly better chance at USSC level?

Despite the naysayers, I think Brady has a pretty good shot at having cert granted by SCOTUS (I very well could be wrong but I have a good feeling).

The current USSC justices are mostly liberals who consistently vote in accordance with liberal ideology so Brady (being on the union side in this issue) has a pretty good shot at winning.

I think the naysayers are wrong about the longshot odds at cert. It's a reversal with a chief judge dissenting. A potential conflict of laws in the circuit court (depending on AP's case). Plus this matter is celebrity, interesting, and has national attention. I thinks it's just too interesting for the SCOTUS to not want to chime in.

 

[RobertWeathers]

Despite the naysayers, I think Brady has a pretty good shot at having cert granted by SCOTUS (I very well could be wrong but I have a good feeling).

The current USSC justices are mostly liberals who consistently vote in accordance with liberal ideology so Brady (being on the union side in this issue) has a pretty good shot at winning.

I think the naysayers are wrong about the longshot odds at cert. It's a reversal with a chief judge dissenting. A potential conflict of laws in the circuit court (depending on AP's case). Plus this matter is celebrity, interesting, and has national attention. I thinks it's just too interesting for the SCOTUS to not want to chime in.

God help both parties in front of Notorious RBG. That chick is a nut-shreader.

 

[YOUGOTMOSSED]

God help both parties in front of Notorious RBG. That chick is a nut-shreader.

What are the odds she'll even be alive by the time this case is heard?

 

[SHOWTIME15]

What are the odds she'll even be alive by the time this case is heard?

She is very pro-labor so we better hope she is alive by then.

 

[RobertWeathers]

What are the odds she'll even be alive by the time this case is heard?

A while. She's still boozing before the State of the Union.

 

[YOUGOTMOSSED]

She is very pro-labor so we better hope she is alive by then.

Or hope Trump nominates a Brady-friendly replacement for her.