RunAmok
On the Game Day Roster
- Joined
- Jan 28, 2015
- Messages
- 305
- Reaction score
- 516
Berman just needs to "do his job".On further reflection, give him number 46
Registered Members experience this forum ad and noise-free.
CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.Berman just needs to "do his job".On further reflection, give him number 46
On further reflection, give him number 46
ChickensKraft should make him an honorary Captain for the Opening Night Game versus Pittsburg. Give him a 12.5 jersey and send him out with TFB et al for the opening coin toss!
I couldn't think of a better FU to Goodell than that
Me too!If ever I get into any trouble, either real of fabricated, I want Mr Kessler as my lawyer!
I hope that Berman rules in favor of Brady and does so on the basis of lack of notice.. Then the NFL CAN'T appeal.
Just get a fall guy.
Yup. That sums it up nicely.I hope that Berman rules in favor of Brady and does so on the basis of lack of notice.. Then the NFL CAN'T appeal. However, I also hope that in his decision, Berman lambastes the NFL for all the shoddy work of the Wells report, the horrendous miscarriage of justice called an arbitration hearing and the waste of the courts time by forcing the court to rule on this. The cherry on top would be Berman calling out Goodell and Company regarding the "Integrity of the Shield" and the fact that they've done more harm to it than Brady or the Patriots.
So if Berman vacates based on notice the nfl can appeal but it just can't win unless they can show Brady was in fact given notice?That's not true. The NFL can absolutely appeal Berman's decision to the 2nd Circuit Court of Appeals no matter what or now Berman rules.
The notice thing comes in thusly...
If Berman vacates the decision on some basis other than notice, the NFL can (in theory) re-do the punishment and the arbitration, fixing all the things they did wrong. So (presumably) they'd have to let Pash testify, etc., etc.)
However, if Berman vacates Goodell's decision on the basis of notice, the NFL cannot re-do the punishment because they can't give notice after the fact.
But that's all separate from appealing Berman's decision to the next higher federal court.
So if Berman vacates based on notice the nfl can appeal but it just can't win unless they can show Brady was in fact given notice?
Not quite.
Regardless of what grounds Berman vacates on (assuming he does), the NFL can appeal to the 2nd Circuit and argue that Berman's decision to vacate was improper and should be nullified. If the 2nd Circuit agrees with the NFL then Berman's decision is wiped out, Goodell's arbitral award is confirmed, and Brady is suspended. If the 2nd Circuit does not agree with the NFL then whatever Berman decided likely stands (though 2nd Circuit could also affirm in part and reverse in part -- if Berman vacated on grounds A and B and because of A ordered remedies D & E and because of B ordered remedy F and if the 2nd Circuit only agreed with B they would overturn A which would also wipe out remedies D & E but would leave F standing).
Let's assume for a second that either the NFL does not appeal to the 2nd Circuit or the 2nd Circuit upholds Berman's decision to vacate.
Berman's decision to vacate wipes out Goodell-as-arbitrator's decision. Now, as I understand from what I've read the legal analysts as saying, as long as the vacatur isn't based on notice the NFL could re-suspend Brady and then Brady would again appeal (internal NFL process) to an arbitrator. Who that arbitrator is and the process the arbitration would follow would be affected/constrained by any conditions Berman puts in his decision.
But if the vacatur is based on notice then the NFL cannot do any of that because it can't unring the bell. If the court says the NFL can't punish Brady for something he had no notification of then he can't be punished. There's no way to give notice after the fact. Hence the "incurable" adjective used by Kessler.
Again, though, that is completely separate from any appeal the NFL makes in the federal courts. No matter what Berman says the NFL can appeal to the 2nd Circuit Court of Appeals and say "Berman's decision to vacate was wrong because of X, Y, and Z" for any X, Y, and Z the NFL thinks makes a persuasive argument. For example, if Berman vacates on notice the NFL would argue that notice was not needed or in the alternative that if it is needed, they gave it via standard player contract terms, etc.
I've been thinking very much along the same lines. If the Commissioner was truly a man of integrity and intelligence, Section 46 wouldn't be as much of a problem.I've started to come to the conclusion here that Section 46 was not the real problem here. It's Goodell's MISUSE of this power.
So what is after the 2nd Circuit Court of Appeals? Supreme Court?Not quite.
Regardless of what grounds Berman vacates on (assuming he does), the NFL can appeal to the 2nd Circuit and argue that Berman's decision to vacate was improper and should be nullified. If the 2nd Circuit agrees with the NFL then Berman's decision is wiped out, Goodell's arbitral award is confirmed, and Brady is suspended. If the 2nd Circuit does not agree with the NFL then whatever Berman decided likely stands (though 2nd Circuit could also affirm in part and reverse in part -- if Berman vacated on grounds A and B and because of A ordered remedies D & E and because of B ordered remedy F and if the 2nd Circuit only agreed with B they would overturn A which would also wipe out remedies D & E but would leave F standing).
So what is after the 2nd Circuit Court of Appeals? Supreme Court?
Everyone likes to talk about how the judge is upset to waste his time over such a stupid issue, but I think there is a very important principle at play here regarding just how unbiased and unfair arbitrators are allowed to be.
Question to you ladies and gentlemen. IF Brady wins (and I'm thinking that's a big possibility) and the NFL appeals, would you consider it a win. Me personally, if Brady wins, I don't care if the NFL appeals, to me that's a win. The Summary of the ****ty Wells Report states they can't definitively prove the Pats and Brady did anything wrong, An NFL lawyer stated in court they have no proof, and if Judge Berman agrees with Brady, I consider this over, and proof the NFL tried to railroad the Pats and Brady. An appeal after that proves nothing to me, even if the NFL wins that appeal.
I hope that Berman rules in favor of Brady and does so on the basis of lack of notice.. Then the NFL CAN'T appeal. However, I also hope that in his decision, Berman lambastes the NFL for all the shoddy work of the Wells report, the horrendous miscarriage of justice called an arbitration hearing and the waste of the courts time by forcing the court to rule on this. The cherry on top would be Berman calling out Goodell and Company regarding the "Integrity of the Shield" and the fact that they've done more harm to it than Brady or the Patriots.
Or a number of humiliated owners reduced to playgrownd tactics, calling the Pats cheaters.I've been thinking very much along the same lines. If the Commissioner was truly a man of integrity and intelligence, Section 46 wouldn't be as much of a problem.
Instead we have a pompous moron with a personal vendetta and an axe to grind.