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NFL files appeal


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Damn, I was hoping they would give this up. I'm not going to worry about this nonsense until next spring after the season is over and hopefully we're all celebrating another bowl victory.
 
Lol I can't wait for the details of how ridiculous their appeal sounds.
 
Daniel Wallach ‏@WALLACHLEGAL 28m28 minutes ago
Here are the NFL’s issues on appeal in #deflategate (just uploaded on Second Circuit website):
CPIYwxbUwAAk6GA.jpg


Daniel Wallach ‏@WALLACHLEGAL 26m26 minutes ago
NFL Appeal Issue #1: "Whether Berman erred by relying on substantive law drawn from the Federal Arbitration Act rather than from the LMRA"

Daniel Wallach ‏@WALLACHLEGAL 24m24 minutes ago
NFL Appeal Issue #2: Whether Berman erred in vacating discipline based on "disagreement" with Goodell interpretation of CBA and law of shop

Daniel Wallach ‏@WALLACHLEGAL 23m23 minutes ago
NFL Appeal Issue #3: Whether Berman erred in vacating discipline based on "disagreement" with Goodell's "discretionary" evidentiary rulings

Daniel Wallach ‏@WALLACHLEGAL 19m19 minutes ago
NFL tells 2nd Circ. that the standard of review applicable to Berman's decision is "de novo" because it turns "entirely on questions of law"

Daniel Wallach ‏@WALLACHLEGAL 17m17 minutes ago
What does "de novo" mean? It means that the 2nd Circuit can consider the issues anew without giving any deference to Judge Berman's decision

Daniel Wallach ‏@WALLACHLEGAL 14m14 minutes ago
Not sure NFL is correct when it says that "de novo" standard also applies to J. Berman's review of Goodell's evidentiary rulings. Verifying

Daniel Wallach ‏@WALLACHLEGAL 12m12 minutes ago
Erroneous statements by the NFL? “PURSUANT TO to the Collective Bargaining Agreement” “IN ACCORDANCE WITH the CBA”
CPIdHJxVEAATKOX.jpg

Daniel Wallach ‏@WALLACHLEGAL 9m9 minutes ago
A more accurate way of stating it: “Pursuant to the Competitive Integrity Policy” “In accordance with my own brand of industrial justice"

Daniel Wallach ‏@WALLACHLEGAL 3m3 minutes ago
NFL says that Judge Berman improperly relied on law from the Federal Arbitration Act rather than from the Labor Management Relations Act

Daniel Wallach ‏@WALLACHLEGAL 5s5 seconds ago
Kessler’s likely retort to NFL’s argument that Judge Berman improperly relied on FAA law:

CPIf-TdUwAAbJ6w.jpg
 
If they wanted to waste money I have a great bridge for sale.
 
Memba that time Kessler blew up the NFL and then Brady proceeded to be lights out against the Steelers ? Fun times.
 
So the NFL's argument to Berman saying "you interpreted the CBA wrong" is "you interpreted the law wrong"?

Good luck with that one, Roger. Seems like legal equivalent of "I know you are, but what am I?"
 
Hey, let's literally pay to frame a guy, and after he beats us, keep going!
 
Anybody else noticed that goodell has gone underground since bermans ruling? Haven't seen or herd from him.

He did do that puff piece interview on Mike and Mike where you could tell that they were reading pre-written, most likely preapproved questions.
 
So the NFL's argument to Berman saying "you interpreted the CBA wrong" is "you interpreted the law wrong"?

Good luck with that one, Roger. Seems like legal equivalent of "I know you are, but what am I?"

Ummm, that's pretty much what any appealing party is going to claim. Appeals are, by definition, an appeal of determinations and interpretations of law. So "the judge interpreted the law wrong" is, at the bottom, the claim all appeals pretty much make.
 
Anybody else noticed that goodell has gone underground since bermans ruling? Haven't seen or heard from him in weeks.

They showed him at the GB-CHI game laughing it up, legs crossed like a *****.
 
He did do that puff piece interview on Mike and Mike where you could tell that they were reading pre-written, most likely preapproved questions.
Thats right how could i have forgotten that, it was the setup for spygate 11
 
Disappointed but not surprised. The SMART thing would have been to wait a few months to see how their smear campaign was working during the the football season and see what they wanted to do after the season was over and then file if they wanted to. But who said that those at 354 Park Avenue were that bright. To my untrained eye, the 3 issues they raised seem overly biased to there position, especially when the original judge's ruling was so strong in its dismissal of the suspension.

There are a couple of good thing to come from this waste of the NFL's money:

1,. That the NFL will be wasting a lot of money. ;)

2. It will give Tom Brady a further reason to file that defamation suit. It's the only way he can finally clear his name because in that case, the full exposure of the lack of evidence will become clear in the testimony, while at the same time the full extent of the League Office's lies, misinformation and maliciousness can be exposed, not just in the weeks after the AFCCG, but in the months after. It's the only way to get to ESPN et al.

3. It's a good chance to give Roger Goodell another butt hurt, and further erode his position with the CRYBABY owners.

4. It will give another opportunity for the real story to be exposed to the public, now that most of the evidence that clears Brady is more readily available, so the brain dead media won't have an excuse not to use it since they won't actually have to do any real research. They just have copy the Dowd column or any one of a number of Stradley articles, etc, etc

5. Edit : I am almost 100% sure that Brady will not have to miss a minute of practice, game family or vacation time. No one will be calling on him for any testimony or strategy questions. This will all be done by the lawyers and judges. No one else is involved.
 
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Disappointed but not surprised. The SMART thing would have waited a few months to see how their smear campaign was working during the the football season and see what they wanted to do after the season was over and then file if they wanted to.

That was not an option for them. I can't recall the exact number of days, but if they were going to file a notice of appeal they had to do it within (IIRC) 35 days of September 3rd. And once they filed the notice of appeal they had to file the "Civil Appeal Pre-Argument Summary" thing within two weeks -- hence by today.
If they had waited "a few months" they would have been barred from appealing at all.

Now, nothing that's happened so far prevents them from asking for the appeal to be dismissed should they change their minds.

The next interesting thing will be tomorrow, which is the deadline for asking for an expedited appeal and proposing a briefing calendar. If they don't file anything the defaults (detailed in a different post here and findable a few days ago in Wallach's tweetstream) take over. The most important date of the default schedule is that the final pre-argument brief would be due 11 December. Oral arguments would then be set for sometime after that.
 
Can't believe they're going forward with this. I really thought they'd let it go. The owners pushing for this must really be butt hurt rom losing to Brady and Belichick over and over again. Eff 'em all.
 
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