Koma
In the Starting Line-Up
- Joined
- Feb 19, 2008
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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.
McCann says that Paul Clement and Erin Murphy are some of the best appellate attorneys in the country. I have no reason to doubt this, but I wonder if there are too many weaknesses in the NFL's case for even these "elite" attorneys to save it. Clement and Murphy had a hand in the NFL's appellate filing in November. This was one of their arguments:
and
Granted, it's only one point, but really? The NFL is arguing that Berman was wrong in saying that Pash was the co-lead investigator, even though that's what the NFL said publicly and was stated in the Wells Report - "I know that's what my client said and wrote, but that's not accurate. Other things they said are reliable, though. Just not that item." When those are the kind of things that these super-lawyers are trying to overcome, I think it's too much. I don't know how any panel of judges could read that explanation and accept it.