NFL Appeal oral arguments thread

[Joker]

The judges pocket the money that Goodell paid out of the 22 million allocated so far for this farce...meanwhile Der Mongomissioner claims there's "no money" for cameras at the goal line that would solve otherwise HUGE QUESTIONS about the integrity of calls on scores.

It's a joke. This league is a friggin' joke.

 

[Gronkowski123]

Tanguay: Source says Brady decision to be reversed

Tanguay is saying his sources says the courts will side with the NFL.

no surprise...tanguay hates brady.

amazing that the league hasn't changed their position at all and are on the verge of winning the appeal.
the roger can do whatever he wants argument is actually going to win

even milstein seems to think the league will win. also mentioned maurice clarett who was his client

 

[JMC00]

Tanguay: Source says Brady decision to be reversed

Tanguay is saying his sources says the courts will side with the NFL.

tanguay is a douchebag. He has no credible source. His "source" said Berman would rule against Brady.

 

[Gronkowski123]

Today's questions didn't seem to be to gather information. They seemed to have made up their minds.

They were either:

1) the judges were talking to each other (trying to sway opinion)
2) the judges knew they were going to be scrutinized more than any other case they've been on and wanted to hit both sides hard so nobody could guess which way they're going to go.
3) they made up their minds already and want to signal how they are going to rule

People seem to be choosing option 3. Option 1 or 2 may not be any better, but they seem more likely than option 3. At least to me.

berman tipped his hand quickly...these judges have done the exact same thing.
even fair minds like mccann and wallach think brady will lose.

 

[KDPPatsfan85]

tanguay is a douchebag. He has no credible source. His "source" said Berman would rule against Brady.

Then we might have a chance then! This is just complete ******** and we can't do anything about this. Brady might miss 4 games and we lose our 1st rounder this year and 4th next year when all it should be is a 25k fine, but nope, they are using this to make up for spygate. Talk about double jeopardy.

 

[neuronet]

They were making points that the most ignorant and biased internet twitter hacks would make. What the F were Brady's lawyers doing, sitting there taking it or did they demolish the stupid?

 

[VectorPrime]

To think I woke up this morning in a good mood.

 

[DaBronxPats14]

I can't believe that a district court bought the NFL's bait with the cell phone. IT HAS NOTHING TO DO WITH ANYTHING. Nothing to do with the evidence and nothing to do with the process!

YUP! It was a last second ditch effort when tides had turned with Public Opinion siding with Brady. BSPN sent it out because Goodell*& his Cronies* were desperate when it was documented that Wells was satisfied with Brady not having to give his Cell. It was an 11th hour move and Haters and people not fully understanding Well's Witch Hunt I mean report they bought into. Judge Berman saw through it and hopefully 2nd CC will too.

 

[Rob0729]

Can anyone please put this in plain English for me? Do the lawyers talk to the judges again? Do the judges now just go over the entire case and rule? Do the judges discuss things together or work separately on the whole thing?

Judge Berman found for Brady on four counts. The appeals court needs to overturn all four counts for Brady to lose. It is conceivable, that the NFL can win one, two, or three of the counts and are over turned, but Brady ultimately wins because Brady would still not have to serve the suspension.

The strongest point that Brady won was the fundamental fairness. Berman claimed that Goodell violated it because Brady was not given access to Wells' work product or was allowed to interview Pash. For an appeal to be fundamentally fair, Brady would have had to have access to all information available to mount a proper defense which he was not given.

 

[Rob0729]

Tanguay: Source says Brady decision to be reversed

Tanguay is saying his sources says the courts will side with the NFL.

First, what sources could Tanguay have? The only people who would know this are the three judges and their clerks. How would Tanguay have access to these sources.

Second, the courts could side with the NFL and Brady can win. There are four pieces of the Berman decision that needs to be ruled on. The NFL has to win all four and Brady only needs to win one. So the courts could side with the NFL and overturn three counts, but ultimately it will not make a difference.

 

[BUSTAMOVE]

I believe the Judges decide on their own and then as a group bounce things off one another. Correct me if I am wrong.

Bermans ruling had multiple parts too it. If 2 out of the 3 judges agree with any one or more of the parts of the ruling they would then side with Bermans ruling.

All the questions hammering both sides may only be peaking their concerns on certain parts of the ruling

I cannot remember all the parts of Bermans ruling but does anybody know through all the questioning today. Is their one area of Bermans ruling that seems on solid ground to not be overturned allowing for a NFLPA victory.

 

[KDPPatsfan85]

First, what sources could Tanguay have? The only people who would know this are the three judges and their clerks. How would Tanguay have access to these sources.

Second, the courts could side with the NFL and Brady can win. There are four pieces of the Berman decision that needs to be ruled on. The NFL has to win all four and Brady only needs to win one. So the courts could side with the NFL and overturn three counts, but ultimately it will not make a difference.

They took down the article. So that means that Tanguay is full of it.

 

[XLIX]

Tanguay: Source says Brady decision to be reversed

Tanguay is saying his sources says the courts will side with the NFL.

He and/or his "sources" are just making predictions and trying to look like he is in the know.

 

[AvocadoIceCream]

Judge Berman found for Brady on four counts. The appeals court needs to overturn all four counts for Brady to lose. It is conceivable, that the NFL can win one, two, or three of the counts and are over turned, but Brady ultimately wins because Brady would still not have to serve the suspension.

The strongest point that Brady won was the fundamental fairness. Berman claimed that Goodell violated it because Brady was not given access to Wells' work product or was allowed to interview Pash. For an appeal to be fundamentally fair, Brady would have had to have access to all information available to mount a proper defense which he was not given.

I certainly hope you are correct, and I'm not saying you're wrong.... BUT how come nobody is saying this...? I find it hard to imagine every single person in the media is wrong about this.

 

[QuantumMechanic]

He and/or his "sources" are just making predictions and trying to look like he is in the know.

Agreed.

There is no fu*king way that federal appellate court judges or their clerks are leaking anything to anyone, let along Tanguay.

Say what you want about the federal Circuit Courts of Appeal and SCOTUS, but they are amazingly good about never leaking stuff.

 

[SHOWTIME15]

Tanguay: Source says Brady decision to be reversed

Tanguay is saying his sources says the courts will side with the NFL.

they took the page down

 

[QuantumMechanic]

Can anyone please put this in plain English for me? Do the lawyers talk to the judges again? Do the judges now just go over the entire case and rule? Do the judges discuss things together or work separately on the whole thing?

No, the lawyers do not talk to the judges again. They don't even send the judges more briefs.

Yes, at a high levels the judges will review the record and eventually issue a decision. We don't know specifically how these judges like to work, but it's a fair guess that they'll soon take a straw poll to see what the majority opinion is looking like. Then a judge in the majority will be assigned to write the opinion. If there is a dissenter, he'll start working on his dissent. Drafts of the majority opinion and dissent will likely be passed back and forth. Sometimes someone will change their mind and a majority might be lost.

When everyone is satisfied with what they've got, the decision and any dissent are issued. There will be no warning. Not even the parties' attorneys get any notice. They'll just get some automatic email from the court's electronic case management system saying that a decision is in. Then they'll download it and read it. It'll be available to anyone with a PACER login at the same time the lawyers get it.

 

[Joker]

where is the Deflategate page??? anybody know how to access it on this site?

 

[JMC00]

Is their one area of Bermans ruling that seems on solid ground to not be overturned allowing for a NFLPA victory.

This is how he wrote it

The Court is fully aware of the deference afforded to arbitral decisions, but, nevertheless, concludes that the Award should be vacated. The Award is premised upon several significant legal deficiencies, including (A) inadequate notice to Brady of both his potential discipline (four-game suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to examine one of the two lead investigators, namely NFL Executive Vice President and General Counsel Jeff Pash and (C) denial of equal access to investigative files, including witness interview notes.

If they are unbiased not sure how they overturn all 3.

 

[Gronkowski123]

Katzmann: "Your challenge is to find where in CBA does it say if you tamper w/ game balls and then obstruct, the only punishment is a fine?”

obstruct what???