Kessler outlines NFLPA's appeal

[SVN]

http://www.usatoday.com/story/sport...ategy-jeffrey-kessler-federal-court/30881971/

not sure if its been posted. If so , apologies,please merge.

 

[JR4]

wow ... how can the NFL even want to try and argue against that line of reasoning?

 

[RobertWeathers]

Talk about pointing your bat towards the stands in right field.

 

[PatsGuy]

ALL civil cases look winnable at the offset. Let's wait n c what happens

 

[Nonentity]

ALL civil cases look winnable at the offset. Let's wait n c what happens

Yup, these guys are paid the big bucks to sound convincing. Woger's verdict was well-written too.

But Kessler's off to a good start.

 

[Palm Beach Pats Fan]

Kessler can explain things well. I wish we had major media (bigger than usa today) that would dare quote him in such depth.

 

[Gronkowski123]

kessler seems like the real deal.
good luck

 

[Patriot Missile]

Yup, these guys are paid the big bucks to sound convincing. Woger's verdict was well-written too.

But Kessler's off to a good start.

Rodgers was well written? I'll have to disagree there. File it in the fiction section under make believe.

 

[Ring 6]

All very strong points.

The league is forced to guess at the science because it didn't have a procedure. Hard to imagine you can find an event occured when you don't have sufficient data to analyze. Everyone involved agrees the data is insufficient.

Goodell decided that Goodell made the right decision on what the CBA allows in terms of making the decision and hearing the appeal. That is shaky.

There really is no policy that says Brady can be suspended for being generally aware of someone violating a rule. Since that is the reason for the suspension, how can they hold it up? This IS procedural, because the CBA dictates that a specific rule and potential penalty must be communicated in advance. Goodell strayed from the CBA.

Probably most importantly though is I cannot understand how a judge could ever consider an arbitrator hearing fair when:
1) The employee is not allowed to see the developed evidence against him, but the employer uses it during the hearing
2) The 'independent' investigator claims attorney-client privilege when asked questions by the employee about the employers involvement in the independent unbiased investigation, conducted by the employer which finds in favor of the employer.
3) The co-author of the report, also the employer, that caused the punishment is not allowed to be questioned by the employee even after it is determined that he had input and editing ability on the report.

I used employee/employer because this is a union dispute and a judge must treat this like it is a manual labor employee being treated in this fashion by their employer because this case will set precedent across all industries in union and management relationships.
This is why Goodell is typically dressed down for his archaic attitudes and delusions of grandeur when he gets in front of a judge.
This isn't the GOAT football player vs the billionaire owners in legal consequence it is Sally the single mom unionized machinist vs the fortune 500 company.
Consider all of Kesslers arguments from that viewpoint, and explain how a judge could deny sally the right to make a living.

 

[Ross12]

If Jeffrey Kessler artificially inseminated an egg from Sally Jenkins, and they had Steph Stradley carry and birth it, well, that would be one hell of a baby.

 

[Ring 6]

If Jeffrey Kessler artificially inseminated an egg from Sally Jenkins, and they had Steph Stradley carry and birth it, well, that would be one hell of a baby.

Did you just imply that what we need is more lawyers??????????????????????????????????????

 

[Hammer of Thor]

Did you just imply that what we need is more lawyers??????????????????????????????????????

 

[rochrist]

Did you just imply that what we need is more lawyers??????????????????????????????????????

More of the RIGHT KIND!

 

[Ring 6]

More of the RIGHT KIND!

More? or some?

 

[grux]

If the court system rules in favor of the NFL, then all of the players in the NFL should be concerned about how they will be treated if they face a suspension. This is a good time for the players to stand together and not allow one of the greatest players of all time get treated like a rag doll. However, my guess is that they will shrug their shoulders and say Tom is another victim of the Goodell regime. If this is the case, then they should forget being a union and become employees of the NFL. There is no sense in having a CBA agreement if one of the parties could care less about it's language.

 

[RobertWeathers]

If Jeffrey Kessler artificially inseminated an egg from Sally Jenkins, and they had Steph Stradley carry and birth it, well, that would be one hell of a baby.

Brilliant child but not too many kids would come knocking prom season.

 

[BradyFTW!]

Maybe I'm just a stupidly optimistic homer, I dunno. But I really do feel like any one of these four points is a slam dunk to get the suspension vacated, and all four of them taken together paint a pretty insidious picture that even a biased judge would have to recognize.

Prepared for the worst, but it's hard not to be a little optimistic.

 

[TommyD4207]

Maybe I'm just a stupidly optimistic homer, I dunno. But I really do feel like any one of these four points is a slam dunk to get the suspension vacated, and all four of them taken together paint a pretty insidious picture that even a biased judge would have to recognize.

Prepared for the worst, but it's hard not to be a little optimistic.

Nothing's a slam dunk, but there is a compelling case for the suspension to be vacated if it gets to that point. That said, I'll be interested to see what the NFL can come back with in their response.

As long as you're fully prepared for the worst, I think a little optimism is ok. For me, I became optimistic the second Goodell upheld the appeal, because THANK GOD someone other than Goodell gets to actually rule on this nonsense now.

 

[RobertWeathers]

The card the NFL will play again and again and again is that the CBA stipulates that the commissioner has the right to arbitrate, enforce and dictate player punishment. The players agreed to this.

With that said, the process in which the commissioner follows is that of the wild west.

 

[Bella*chick]

The card the NFL will play again and again and again is that the CBA stipulates that the commissioner has the right to arbitrate, enforce and dictate player punishment. The players agreed to this.

With that said, the process in which the commissioner follows is that of the wild west.

And I would hope the response would be you cannot dictate punishment if you never even proved any wrong was done.