NFL files response to NFLPA case list

[Ring 6]

I believe Berman is pissed with all this childish discussion and is about to unleash the focking fury. This should not even be a case.

Come on. He is a judge. He deals with arrogant attorneys all day. If this mild stuff pissed him off and caused him to 'unleash fury' he would be on heart attack #4 by now.

I have a simple question, it looks like they are playing a game right now, Berman sided with Brady, he wants to rule for Brady, the NFL knows that and is playing their only card. It looks like they are ready to lose and appeal and Berman might have a reason to want to avoid that so he is putting all his efforts in forcing a settlement.

Or at the last hearing the NFLPA submitted evidence and now the NFL is commenting on that evidence.

My question is, the NFL appeal could be rejected? I mean, realistically, because from what I've read the chances are slim.

Because, if Berman when gets to rule the case, in his letter justifying his decision, if he goes nuclear on the NFL and humiliate then in a way that they would leave the court not even remembering their home address, would that be enough for the supreme court to reject their appeal, based on the fact that a federal judge just destroyed their case and explained all the inconsistencies on it? Like "seriously? you guys still wanna appeal, are ya focking serious?"

Um, it wouldn't go to the supreme court, and the appeal would be on the actions and decisions of Berman, so no him being angry at one side wouldn't affect the appeal. If anything it would help the side he showed anger at, I suppose, because they could conclude he had a personal issue with them, rather than their case.

In any event the idea that a Federal judge is going to get made and scream at an attorney for writing a letter is beyond silly.

 

[Palm Beach Pats Fan]

Kessler is a God. How can the judge read that and do anything but nod his head "yes"?

 

[Ring 6]

I dunna know @SVN. It's possible I guess but I can't find any indicators that would let us hope that something like that is possible at this point.

Things have gotten contentious, bloody and personal.

However, that is among and between the lawyers. The parties can reach a reasonable settlement even when their attorneys seem to find each other to be poopy heads.

 

[Ring 6]

Kessler is a God. How can the judge read that and do anything but nod his head "yes"?

Does the Patriots Pro Shop have the Kessler jerseys in stock yet?

 

[SVN]

Stephanie Stradley ‏@StephStradley 22m22 minutes ago
Kessler wasn't really writing that letter to judge. Judge knows that ish. Likely writing it to public/media bc he can't talk publicly now.

 

[PatsFanSince74]

Time for Bob Kraft to start erecting a Jeffrey Kessler statue in front of Gillette.

Chickens
Hatched
Count
Don't

 

[SVN]

I dunna know @SVN. It's possible I guess but I can't find any indicators that would let us hope that something like that is possible at this point.

Things have gotten contentious, bloody and personal.

Sure. But the deadline always pushes people. Same with the labor lockout. Everyone was predicting missed games. You never know until the 11th hour what sparks who.

 

[PatsFanSince74]

I've seen several people say their was no deadline for the nfl to respond. ...I could have swore last week I seen a deadline posted for both to respond.....am I missing something?

People who at least seem to know more about this than I do have commented that this is a Letter and not a Brief and so probably got around the deadline thing...but you could fool me.

 

[PatsFanSince74]

Stephanie Stradley ‏@StephStradley 1m1 minute ago
The new Kessler letter is just tying a bow on Brady's argument. It's sensible. Judge's likely reaction? Just settle this nonsense.

IMO, this either settles or the side that loses is going to get nuked so badly in Berman's Ruling that an Appeal will only be a formality.

 

[RobertWeathers]

However, that is among and between the lawyers. The parties can reach a reasonable settlement even when their attorneys seem to find each other to be poopy heads.

Yes- A settlement is possible. However a lawyer gets his motivation from his client (s)

Based on what I have read, Brady is beyond pissed at this whole situation. The distractions. The dragging his name through the muck. Not sure what to make of Goody offering a nod and smile to Brady and TB12 giving him the death stare in return. Obviously this something he is not pleased with.

I don't know what Goody's emotional position is with his. Haven't heard/read anything to that effect.

 

[RobertWeathers]

Sure. But the deadline always pushes people. Same with the labor lockout. Everyone was predicting missed games. You never know until the 11th hour what sparks who.

Agreed. Deadlines accelerate settlements no question. From what I have read, both parties would consider their legal options after Berman issues his ruling (appeal, injunction, etc.). With that said, I question how hard of a deadline 9/4 really is.

 

[Ring 6]

Yes- A settlement is possible. However a lawyer gets his motivation from his client (s)

Based on what I have read, Brady is beyond pissed at this whole situation. The distractions. The dragging his name through the muck. Not sure what to make of Goody offering a nod and smile to Brady and TB12 giving him the death stare in return. Obviously this something he is not pleased with.

I don't know what Goody's emotional position is with his. Haven't heard/read anything to that effect.

None of that precludes a settlement. I would believe that the most anger-filled cases are the ones most likely to settle, because there is so much to lose. Thats the real issue here, can they each give something up that is less distasteful to them than losing, by a wide enough margin to cover that they think they will probably win.
If the penalty were a fine, they would almost certainly settle on a dollar amount. This case is more complicated because it involves so many issues, which means I also agree they won't settle. My point was settling has little to do with how angry the lawyers seem to be at each other.

 

[QuantumMechanic]

I sent an email to McCann several days ago about various things and got a reply today (apologizing for taking so long to answer, even). His (paraphrased take):

• Doesn't expect a settlement.
• Expects Brady will win.
• Does not think it is likely for the NFL "to launch another disciplinary review of Brady"
• Thinks the NFL will simply do nothing on that front and will just appeal Berman's decision to the 2nd Circuit.
• NFL will be "hoping that eventually the appeals court rules in favor of the NFL so Brady is suspended later in the season or next season."

 

[Ring 6]

IMO, this either settles or the side that loses is going to get nuked so badly in Berman's Ruling that an Appeal will only be a formality.

The tone of his decision isn't the basis of appeal, but the legal correctness of it is.
If he is wrong and comes out and lambastes the loser, that has nothing to do with the strength of appeal.
People are getting way too caught up in this being something emotional. It is the farthest thing from that where the court is concerned.
I'm not sure why people even think a judge would be angry in a ruling. He is simply listening to both sides and rendering a verdict. It is not personal.

 

[Zeus]

I sent an email to McCann several days ago about various things and got a reply today (apologizing for taking so long to answer, even). His (paraphrased take):

• Doesn't expect a settlement.
• Expects Brady will win.
• Does not think it is likely for the NFL "to launch another disciplinary review of Brady"
• Thinks the NFL will simply do nothing on that front and will just appeal Berman's decision to the 2nd Circuit.
• NFL will be "hoping that eventually the appeals court rules in favor of the NFL so Brady is suspended later in the season or next season."

I think this makes a great deal of sense. My only hesitation is that some owners may balk at prolonging the situation via appeal. Bad money after good ...

 

[RobertWeathers]

None of that precludes a settlement. I would believe that the most anger-filled cases are the ones most likely to settle, because there is so much to lose. Thats the real issue here, can they each give something up that is less distasteful to them than losing, by a wide enough margin to cover that they think they will probably win.
If the penalty were a fine, they would almost certainly settle on a dollar amount. This case is more complicated because it involves so many issues, which means I also agree they won't settle. My point was settling has little to do with how angry the lawyers seem to be at each other.

I agree. I don't mean imply that TB12 won't settle b/c he is so ripped **** at Goody. TB12 is an intelligent (and I think reasonable) man who I'm sure wants this over with in the worst way. I read that TB12 was willing to pay a fine for not cooperating but a suspension of any sort was a non-starter.

The question is...what is that fine amount that satisfies both sides? My understanding is that any fine absent of a suspension is unacceptable terms to the NFL. Round and round they go....

 

[QuantumMechanic]

I'm not sure why people even think a judge would be angry in a ruling. He is simply listening to both sides and rendering a verdict. It is not personal.

You haven't read enough rulings, then. When judges feel someone's trying to put something over on someone they can be quite obviously angry in their written rulings. Read one of Judge Otis Wright's epic rulings in the Prenda case, for example: http://abovethelaw.com/2013/05/prenda-boldly-benchslapped-where-no-one-has-gone-before/

 

[Ring 6]

I agree. I don't mean imply that TB12 won't settle b/c he is so ripped **** at Goody. TB12 is an intelligent (and I think reasonable) man who I'm sure wants this over with in the worst way. I read that TB12 was willing to pay a fine for not cooperating but a suspension of any sort was a non-starter.

The question is...what is that fine amount that satisfies both sides? My understanding is that any fine absent of a suspension is unacceptable terms to the NFL. Round and round they go....

My point was simply that this is going just like any court case, and the idea that the judge is really angry and will blister these lawyers for acting like lawyers, or better yet for thinking they should win, is nuts.
Likewise the idea that the parties can't settle because this is a contentious case (what case isn't) is naive.

What isn't naive is that there appears to be nothing close to a place to meet in the middle.

 

[Ring 6]

You haven't read enough rulings, then. When judges feel someone's trying to put something over on someone they can be quite obviously angry in their written rulings. Read one of Judge Otis Wright's epic rulings in the Prenda case, for example: http://abovethelaw.com/2013/05/prenda-boldly-benchslapped-where-no-one-has-gone-before/

Hardly applicable to this case.

 

[5thRing-Hunt]

Only one more meeting with this judge and it will be over. This time next week we will be waiting on his decision. It amazes me that by the time he makes his decision we will be one week away from the regular season. This nonsense has taken up the ENTIRE offseason. This was all planned by Goodell. What a joke.