Goodell publicly admits Deflategate litigation is about control, not PSI

[Tony2046]

"malice
n. a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred or total disregard for the other's well-being. Often the mean nature of the act itself implies malice, without the party saying "I did it because I was mad at him, and I hated him," which would be express malice. Malice is an element in first degree murder. In a lawsuit for defamation (libel and slander) the existence of malice may increase the judgment to include general damages. Proof of malice is absolutely necessary for a "public figure" to win a lawsuit for defamation."

Goodell's isn't stupid enough to publicly express any ill will toward Brady and the Patriots but the wildly disparate way he administers punishment to the Patriots vs. how he treats other players/clubs should be enough to infer malice. IMO

Exactly.. That's why he says "Tom Brady is a great guy....and I respect him...." It must kill him to say that.

He's right though. This isn't about Brady and PSI it is about Brady not bowing down in a Kraft like motion to the almighty commissioner.

I hope the Pats do win the SB this year so that Brady can wave that trophy in RG's face.

Oddly enough Roger the Pats are 6-0 and Brady is ripping up the record books. Take that you scumbag POS.

And Keep your punk a** out of NE.

 

[Wheelman]

I can't see how the NFLPA can look at what Goodell is doing and not letting this be one of the biggest negotiating points when this CBA expires. And I don't get why some people say the players will have to give something back to get something. WHAT?! For what?!

I think when they need to agree to a new CBA there will be a strike. NFLPA and NFL* will lock horns. NFL* will use their propaganda machine to convince fans that it's not them causing the problem but the NFLPA. Fans will buy into it. Players getting low on cash will pressure NFLPA to give what the NFL* wants and eventually the NFLPA will capitulate again.

Hopefully Brady and Belichick will have retired by then and whatever they do will have little consequence for me.

 

[RobertWeathers]

Exactly.. That's why he says "Tom Brady is a great guy....and I respect him...." It must kill him to say that.

He's right though. This isn't about Brady and PSI it is about Brady not bowing down in a Kraft like motion to the almighty commissioner.

I hope the Pats do win the SB this year so that Brady can wave that trophy in RG's face.

Oddly enough Roger the Pats are 6-0 and Brady is ripping up the record books. Take that you scumbag POS.

And Keep your punk a** out of NE.

Goodell is such a two-faced, double-talking dink.

He respects Brady but yet calls him a cheater.

Do people normally have respect for cheaters or is it just me that doesn't?

If he is so high and mighty on the integrity of the game and is a man of principal, why doesn't he have the sack to say publicly that, "I think Tom Brady cheated and I do not think cheaters should be allowed to play".

I'd still think he was a buffoon but at least I wouldn't think hes a passive aggressive sissy.

 

[QuantumMechanic]

"malice
n. a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred or total disregard for the other's well-being. Often the mean nature of the act itself implies malice, without the party saying "I did it because I was mad at him, and I hated him," which would be express malice. Malice is an element in first degree murder. In a lawsuit for defamation (libel and slander) the existence of malice may increase the judgment to include general damages. Proof of malice is absolutely necessary for a "public figure" to win a lawsuit for defamation."

Don't know where that definition is from, but it is wrong with respect to defamation.

A public figure has to prove "actual malice", which has little to do with the normal dictionary definition of "malice". "Actual malice" means the alleged defamer uttered his alleged defamation knowing it was false or with a reckless disregard as to whether it was true or false.

No matter how (dictionary) malicious someone is, if they publish something false they didn't know was false and weren't reckless about it, it's not "actual malice" and so not actionable defamation.

 

[YOUGOTMOSSED]

Don't know where that definition is from, but it is wrong with respect to defamation.

A public figure has to prove "actual malice", which has little to do with the normal dictionary definition of "malice". "Actual malice" means the alleged defamer uttered his alleged defamation knowing it was false or with a reckless disregard as to whether it was true or false.

Now matter how (dictionary) malicious someone is, if they publish something false they didn't know was false and weren't reckless about it, it's not "actual malice" and so not actionable defamation.

Right.

That's why the whole thing with the publishing incorrect psi numbers (and subsequent refusal to retract) makes this seem like a very solid defamation case. How on Earth is the NFL going to spin that one so as to not seem like "intent" or "reckless disregard"?

 

[Palm Beach Pats Fan]

The HUGE difference is that the Black Sox players tried to lose, even if Brady was guilty he would have had all intentions of competing to win, not even close!

The Colts Suck-for-Luck season is what should be compared to the Black Sox scandal

 

[Tony2046]

Right.

That's why the whole thing with the publishing incorrect psi numbers (and subsequent refusal to retract) makes this seem like a very solid defamation case. How on Earth is the NFL going to spin that one so as to not seem like "intent" or "reckless disregard"?

Curious: Could the NFL lay the publishing of the incorrect psi on BSPN?

 

[Palm Beach Pats Fan]

Curious: Could the NFL lay the publishing of the incorrect psi on BSPN?

Yes, if Mort (& Peter King) do NOT give up their sources.

But then there are those memos from the Patriots asking the NFL to give out the correct info. Thus the NFL would have to take 100% of the blame for not correcting something that they knew to be damning and that they knew to be false.

 

[Mack Herron]

At @UofNH Deflategate attorney @amilst44 says the Patriots received "terrible legal advice" not challenging the NFL. Michael McCann on Twitter

Next time Bob, you see us first.

 

[Koma]

In addition to all the other laughable things pointed out here that goodell said during this softball interview, this one also was a joke:

These are NFL rules, these are not matters of law or in the legal system. These are rules that are established by the 32 clubs and are enforced evenly and fairly

Last November the Vikings and Panthers were caught on camera using sideline heaters to warm footballs. Which as we all know will change the pressure in the footballs. Their penalty: A warning from the NFL.

Not even a small fine

Two months later the Patriots are accused with no evidence of changing the pressure in their footballs. Their penalty: A million dollar fine, loss of first and fourth round draft picks, and a 4 game suspension of their HOF quarterback

Yeah rog, those penalties sure are even and fair

I really have no answer to why obvious lies like this from Goodell are allowed to pass without comment. His repeated claims of the "independence" of the investigation and false claims about Brady's testimony are two other obvious ones.

If this was a politician, celebrity, police chief, head coach, school administrator, etc and they were caught in similar lies that would be the end of whatever claim they were arguing. The consequences would vary from situation to situation, but if they were trying to get someone fired or secure funding or get a favorite subordinate promoted or whatever, that would be the end of that effort and whoever was opposing them would win.

Somehow, not only does Goodell avoid that kind of fate, but he keeps pushing ahead with his agenda and making even bolder claims.

 

[YOUGOTMOSSED]

Yes, if Mort (& Peter King) do NOT give up their sources.

But then there are those memos from the Patriots asking the NFL to give out the correct info. Thus the NFL would have to take 100% of the blame for not correcting something that they knew to be damning and that they knew to be false.

I thought the Patriots sent an email to Pash about the incorrect psi and asked for a retraction.

 

[Tony2046]

I really have no answer to why obvious lies like this from Goodell are allowed to pass without comment. His repeated claims of the "independence" of the investigation and false claims about Brady's testimony are two other obvious ones.

If this was a politician, celebrity, police chief, head coach, school administrator, etc and they were caught in similar lies that would be the end of whatever claim they were arguing. The consequences would vary from situation to situation, but if they were trying to get someone fired or secure funding or get a favorite subordinate promoted or whatever, that would be the end of that effort and whoever was opposing them would win.

Somehow, not only does Goodell avoid that kind of fate, but he keeps pushing ahead with his agenda and making even bolder claims.

Obviously the politician, celebrity, police chief, head coach, school administrator, etc do not have an Article 46 in their CBA's. Otherwise they could do or say whatever they want.

 

[Tony2046]

The Colts Suck-for-Luck season is what should be compared to the Black Sox scandal

Was the Black Sox owner a pill pusher too?

 

[PatsWickedPissah]

I thought the Patriots sent an email to Pash about the incorrect psi and asked for a retraction.

It had the same effect & result as the administration's "sternly worded memos" about Syria and the Ukraine.

 

[Joseph K. Brady]

I don't think Kessler will handle the appeal. He doesn't do that type of law.

Most likely it will be David Boies, famous for arguing Bush v. Gore in front of Supreme Court (Gore's side) and represented the NFLPA in court during the lockout. He is the NFLPA's go to guy on appeals.

Boies is a great attorney, but his track record isn't as good as Kessler's.

From all accounts the nation's preeminent appellate lawyer is Alan Dershowitz, who happens to be a Massachusetts homeboy and therefore a likely Pats fan. Why not go after him?

 

[Joker]

Just End the Stupid Tragedy...get the case in front of THIS judge...

 

[IcyPatriot]

The NFL thinks it is above the law and generally accepted trade practices and it's so absurd - inane+.

So now they appeal to a court of law to rule that they are above the law and trade practices.
"Um 2nd circuit could you rule that Judge Berman was wrong to strip us of god mode?"

An inane concept that a written agreement (CBA) propels one to god mode in the real world ...

When exactly did the NFL go into LULZ mode?