McCann: Going to be a very tense hearing on Deflategate.

[SVN]

Michael McCann on D&C: ‘Going to be a very tense hearing’ on Deflategate

Another summer of this crap is about to begin.

 

[sb1]

I wonder what's next.My money is on NFL says Brady himself took the footballs into the bathroom with a needle.

This must end with a defamation suit. No way they can keep happily falsely painting a worse and worse picture of the story to get the ruling they want without being held accountable.

 

[Ivan]

The fact that they brought in Clement shows not only how freaked out they are about the likelihood of losing but also that the appeal isn't going to have anything to do with this case but everything to do with arbitration and labor law with the Clement crew arguing that if a Brady wins then arbitration will be meaningless and every hamburger flipper in America will be in the Supreme Court when they are denied a raise. It's a bogus argument but their best bet to win is to change the subject and play to the ideology of the Court on labor issues.

 

[Sicilian]

I wonder what's next.My money is on NFL says Brady himself took the footballs into the bathroom with a needle.

This must end with a defamation suit. No way they can keep happily falsely painting a worse and worse picture of the story to get the ruling they want without being held accountable.

I'm guessing the next step is: "Brady had the balls filled with HGH, which McNally then extracted with a needle and mailed to Peyton Manning's wife."

 

[Ivan]

I wonder what's next.My money is on NFL says Brady himself took the footballs into the bathroom with a needle.

This must end with a defamation suit. No way they can keep happily falsely painting a worse and worse picture of the story to get the ruling they want without being held accountable.

As unlikely as a defamation suit is I think most here will really want Brady to go that route, especially if they lose the appeal.

Its interesting that McCann didn't mention the case going back to Berman if they rule against Brady.

 

[Froob]

The fact that they brought in Clement shows not only how freaked out they are about the likelihood of losing but also that the appeal isn't going to have anything to do with this case but everything to do with arbitration and labor law with the Clement crew arguing that if a Brady wins then arbitration will be meaningless and every hamburger flipper in America will be in the Supreme Court when they are denied a raise. It's a bogus argument but their best bet to win is to change the subject and play to the ideology of the Court on labor issues.

It would also make CBA's 100% meaningless if Brady loses.

 

[YOUGOTMOSSED]

I'm very curious regarding whether the amicus curiae brief is going to be accepted and considered.

My legal pipe dream is that CA2 not only affirms the decision but also gives Goodell a verbal beatdown by concurring with the argument that the arbitration award was obtained by fraud.

 

[Ivan]

It would also make CBA's 100% meaningless if Brady loses.

I agree but most courts in this country favor corporations over workers and they don't care about rights of workers.

 

[Todd Bradley]

I'm no lawyer by any stretch of the imagination, but isn't it virtually impossible for Berman's ruling to be overturned?

I thought when the ruling was made people like Florio said it written with a "poison pill" so to speak, where any overturning would get sent back to Berman and he would subsequently deny the NFL again and so on and so forth...

 

[The Brandon Five]

When this is finally over, would Brady consider a defamation suit against the NFL?

“It’s really hard if you’re a public figure to win a defamation suit,” McCann said. “You have to show actual malice, you have to show in this case that the NFL intentionally or knowingly lied about Brady as opposed to making mistakes about what happened. It’s tough to do, but you know, if you keep saying bad things about someone and it gets worse and worse as time goes on, you do make it more likely that person will file a defamation suit.”

Goodell and his stooges have repeatedly lied in legal filings.

Roger Goodell blatantly lied to make Tom Brady look dishonest

Roger Goodell misled me on Tom Brady. I won’t trust him again.


Vincent appeal testimony doesn't align with Wells Report

 

[Ivan]

I'm no lawyer by any stretch of the imagination, but isn't it virtually impossible for Berman's ruling to be overturned?

I thought when the ruling was made people like Florio said it written with a "poison pill" so to speak, where any overturning would get sent back to Berman and he would subsequently deny the NFL again and so on and so forth...

Unfortunately no. While the statistical odds are against winning on appeal it will still come down to the ideology of the justices who hear the case. And from everything I have read recently federal courts have been siding with arbitration as binding regardless of how unfair the result was. 2 corporate justices and Brady will lose, so it just comes down to the draw.

 

[VectorPrime]

Justice Berman CLEARLY took into account factors that technically weren't relevant to the specific case of Goodell and the CBA. He openly called out how absurd the deflategate scandal was from the get go, he specifically pointed out how Goodell and the NFL continued to change his story on how involved Brady was with the alleged scheme (going from "generally aware" to being a direct mastermind). And while he didn't use those in his ruling, he brought them out in the courtroom. There is no reason why these judges won't do the exact same thing.

 

[Ivan]

Justice Berman CLEARLY took into account factors that technically weren't relevant to the specific case of Goodell and the CBA. He openly called out how absurd the deflategate scandal was from the get go, he specifically pointed out how Goodell and the NFL continued to change his story on how involved Brady was with the alleged scheme (going from "generally aware" to being a direct mastermind). And while he didn't use those in his ruling, he brought them out in the courtroom. There is no reason why these judges won't do the exact same thing.

We will see. I don't think the NFL brought Paul Clement in to argue PSI I think they brought him in because Solicitor Generals get the attention of appellate courts and they are going to argue the case on the broader ramifications of upholding deference to arbitration and not the fairness of the Brady appeal before Goodell. Kessler will argue that arbitration is only binding if conducted fairly, which is in line with Berman's ruling.

 

[VectorPrime]

The NFL didn't go into Berman's court to argue PSI either, but it inevitably came up as everything beings and ends with that farce.

 

[fnordcircle]

Goodell and his stooges have repeatedly lied in legal filings.

Roger Goodell blatantly lied to make Tom Brady look dishonest

undermines the suggestion that the communications addressed only preparation of footballs for the Super Bowl rather than the tampering allegations and their anticipated responses to inquiries about the tampering,” Goodell wrote.

"Undermines the suggestion". He's not even attributing who made the suggest that is being 'undermined'. When pressed he could just say 'the suggestion in the media/public circles'. I'm a layman but, really, I don't see any way he could get nailed on defamation for this.

Vincent appeal testimony doesn't align with Wells Report

"That was my understanding of what happened at the time." is all Vincent would have to say.

I really hate commenting on matters of law because I know I'm out of my depth but everything I've read indicates that you have to prove not only that they lied but they lied intentionally in order to damage Brady. That seems to indicate a really, really high bar and I'd defer to a guy like McCann's estimation of how likely that is.

 

[SVN]

I'm no lawyer by any stretch of the imagination, but isn't it virtually impossible for Berman's ruling to be overturned?

I thought when the ruling was made people like Florio said it written with a "poison pill" so to speak, where any overturning would get sent back to Berman and he would subsequently deny the NFL again and so on and so forth...

Nothing is predictable wrt to lawyers and courtrooms.anything can happen.

 

[SVN]

This is a big wild card about next season's forecast when we talk about 2016.

 

[RIpats88]

Courts rarely overturn a judges ruling...plus, just like goodells argument was dumb last time it still is now.

He can bang his fist on the table as much as he wants that he can do whatever he wants despite the cba...but it just isnt true

 

[XLIX]

This thread is renewing my hatred of the league and the people who run it.

 

[Dr Pain]

As unlikely as a defamation suit is I think most here will really want Brady to go that route, especially if they lose the appeal.

Its interesting that McCann didn't mention the case going back to Berman if they rule against Brady.

McNally and Jastremski have the best route not being in the union and not public figures. They have been publicly accused of being a party to fraud with zero evidence. If they are reading this I am certain they can get lawyers who will sue in federal court in Massachusetts on a contingency basis. The discovery against the NFL would be epic.