NFLPA/Brady reply brief to NFL/Goodell deflategate appeal

[Ivan]

I would have thought that this would have happened by now, honestly. The fact that they are allowing Goodell to appeal to the 2nd Circuit when he didn't appeal the Rice or Peterson cases says that there is more going on here, imho. I honestly think that some of the owners are doing this to send a message to Brady that they didn't appreciate his name on the lawsuit during the last CBA talks..

I agree they have pushed this farther than other cases but I think it's more about the threat to article 46, which will be null and void for all practical, purposes, if Brady wins. Brady's challenge goes to the very heart of Goodells authority and they are desperately trying to salvage that. When all its said and done though I think the most powerful owners will tell Goodell that this has gone as far as it is going. Owners like Irsay are ******s and would want it to go to the Supreme Court but imo Mara, Rooney, and others would realize just how ridiculous that would make the league look and would demand he give it up. We 'll see?

 

[memento]

I believe Adrian Peterson's case is being appealed. Still waiting to hear if the NFL will be held in contempt for waiting out his suspension.

 

[QuantumMechanic]

I would have thought that this would have happened by now, honestly. The fact that they are allowing Goodell to appeal to the 2nd Circuit when he didn't appeal the Rice or Peterson cases says that there is more going on here, imho.

They did appeal the Peterson case. The Eighth Circuit has heard oral arguments and currently has it under consideration.

 

[PatsFanSince74]

Just as a reminder. Kessler was a part of the NFLPA's negotiation team the last time around. He was vilified by many people on this site..

The NFLPA pick and chose it's battles. They chose not to touch the long standing Article 46 because they'd never had a Commissioner be a big of an meglomaniac previously. Neither Rozell nor Tagliabue were as crass enough to tell the NFLPA to GFY when asked to name an impartial arbitrator in a disciplinary case. I'm sure that they will address this going forward, if the Owners don't address it first. And recent rumblings make it sound like the NFL might do just that because of Goodell's gaffs..

I don't think many of us, myself included, understood the stakes during the last CBA negotiation. Now, we do.

It's not just Goodell. Since the days of Rozelle and Tagliabue the NFL has morphed into a major media and entertainment enterprise.

I wouldn't rely on the Owners to do anything that diminishes the power of the Commissioner in a material way. They might change some pf the window dressing, but real change will only occur with a strike.

 

[Patsfanin Philly]

But the NFL falsified the claims about the footballs that were leaked. They made false statements in the documents sent to the Patriots about the Footballs. And then they prevented the Patriots from telling the truth about the footballs.. You tie that in with Goodell's Statement about Brady, essentially, being the mastermind behind it and it's a rather compelling case in Brady's favor, imho..

Absolutely. My point was to let the other guys file first and hopefully get the NFL stuffed shirts on the record and then have Brady file before the Statute of Limitations runs out....I think all three have a compelling case. Whether they file or not is a different matter
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Disclaimer- Above is not legal advice. Get your own lawyer and ask him/her for your own situation.

 

[Deus Irae]

The judges still have to follow the law, even through their own lens of personal interpretation.

Go take a look at 9th circuit jurisprudence.

 

[Patsfanin Philly]

Go take a look at 9th circuit jurisprudence.

And how SCOTUS overturns 9th Circuit decisions almost reflexively.
Ninth Battling to Regain Spot as 'Most Reversed' Circuit

 

[raduray]

JSP - It is not a "de novo" case yet. The NFL, in it's brief, has asked the 2nd Circuit to consider it such. However, the 2nd Circuit does not have to grant that motion.

I thought I read somewhere that the NFLPA agreed to that. I was wondering about it when I saw it. Was I imagining that?

 

[Tuck]

I don't think many of us, myself included, understood the stakes during the last CBA negotiation. Now, we do.

It's not just Goodell. Since the days of Rozelle and Tagliabue the NFL has morphed into a major media and entertainment enterprise.

I wouldn't rely on the Owners to do anything that diminishes the power of the Commissioner in a material way. They might change some pf the window dressing, but real change will only occur with a strike.

As others have mentioned, real change is happening now with the Brady case which is why the league is fighting it so hard, just my opinion.

If Brady wins, article 46 will be seriously watered down and the nflpa will have not conceded a thing.

 

[QuantumMechanic]

As others have mentioned, real change is happening now with the Brady case which is why the league is fighting it so hard, just my opinion.

If Brady wins, article 46 will be seriously watered down and the nflpa will have not conceded a thing.

Right -- that's why the owners are so on board with this.

Even the ones that think Goodell being in charge of everything re: player discipline is bogus are going to back this appeal to the end, because while they may want change, they do not want change "for free". They want the NFLPA to "pay" for any change (in the form of a concession in negotiations).

 

[Tuck]

Right -- that's why the owners are so on board with this.

Even the ones that think Goodell being in charge of everything re: player discipline is bogus are going to back this appeal to the end, because while they may want change, they do not want change "for free". They want the NFLPA to "pay" for any change (in the form of a concession in negotiations).

I'm of the same opinion regarding the motivations behind all of this.

I'd love to know if the owners who were gung ho to protect the integrity of the game at the start of this disaster feel the same way now.

 

[jah]

I believe Adrian Peterson's case is being appealed. Still waiting to hear if the NFL will be held in contempt for waiting out his suspension.

I think the contempt thing was thrown out, unless I'm thinking of a different NFL court contempt accusation.

 

[TommyD4207]

Ken, I hate to be the one to break it to you but there is not going to be any defamation lawsuit. Brady wants this done and that's it, even if he loses, which I doubt will happen the most he would do is go back to Berman, he's not taking it to the Supremes and he isn't going to spend the next three years in court. If the 2nd COURT OF APPEALS upholds Berman that will be the end of this, even the league will call it quits.

Don't be so sure. I was convinced they were going to take a knee on this appeal, and instead, they filed early.

"The 32" (yes, all 32) wants their pound of flesh, and will go to any lengths to get it.

 

[TommyD4207]

That's what everyone says, but since he has a $150M termination clause in his contract, I figure that Goodell pretty much gets to do whatever the f*ck he wants.

Meh, that's only 3 years' salary. That's not a cost-prohibitive number. It would beat the hell out of being embarrassed daily for three more years, for sure.

 

[Off The Grid]

Typically I'd get psyched about this but coming on the heels of two losses in a row, a ton of injuries, the two main AFC rivals looking strong, the offense looking bad....I just can't get in rah rah Brady mood...

Jesus Christ.

15 Years of Brady busting his Ass to bring more Pride, Glory, and Happiness than any QuarterBack has ever brought any Team ever...and you "just can't get in a rah rah Brady mood???"

It's Posts like yours that remind me that I'm always just one Response away from getting myself banned.

 

[YOUGOTMOSSED]

Meh, that's only 3 years' salary. That's not a cost-prohibitive number. It would beat the hell out of being embarrassed daily for three more years, for sure.

What is it that an NFL commissioner is expected to do? Squeeze every last dime out of the cable companies? Coerce local governments into miss-allocating tax dollars into NFL stadiums? Do whatever he can to boost ratings?

As long as Goodell is doing these things, the owners aren't going to eat $150M to replace him. The owners aren't going to care whether he is treating New England fairly (except maybe Kraft to a very limited degree). The owners aren't going to care that New England fans are outraged as long as those suckers keep watching.

Absent a scandal of Jerry Sandusky proportions (and I hope and pray for the day when Goodell gets caught in something like this), he's not going anywhere.

 

[Ivan]

And how SCOTUS overturns 9th Circuit decisions almost reflexively.
Ninth Battling to Regain Spot as 'Most Reversed' Circuit

The 6th circuit is the most reversed circuit court.

 

[Ivan]

Don't be so sure. I was convinced they were going to take a knee on this appeal, and instead, they filed early.

"The 32" (yes, all 32) wants their pound of flesh, and will go to any lengths to get it.

I always believed the league would appeal I just don't believe they Will take it to the Supremes. And Bob Kraft won't be supporting any move to take it further he will be rooting for the league to lose.

 

[IllegalContact]

This is all simply about the league 'hanging weights' on the Pats to make things more competitive for the rest of the league

they're going to go in there and say they can't prove anything but they don't have to.........they will lose

 

[PatsFanSince74]

Right -- that's why the owners are so on board with this.

Even the ones that think Goodell being in charge of everything re: player discipline is bogus are going to back this appeal to the end, because while they may want change, they do not want change "for free". They want the NFLPA to "pay" for any change (in the form of a concession in negotiations).

I'd like to agree with you, but I'm not sure that more than a handful of owners are all that upset at what Goodell is doing.

Revenues are up. The NFL has never been more popular. I think that most owners see any negative publicity that came out of Berman's ruling in the context of the old adage "the only bad publicity is no publicity."

In the eyes of most owners, the Patriots have been discredited in the eyes of the fans and their local/regional media, who won't be complaining to them about why their team can't be "more like the Patriots and win Super Bowls." After all, they can say, "we all know they cheated."

The only people who are really upset are Patriots fans and labor advocates who don't like it that Goodell has "dispensed his own brand of industrial justice."

However, I'd be willing to bet that most owners are quite content with Goodell's brand of justice and feel that the League just got unlucky and drew "the wrong judge" in a progressive, New York jurist, appointed to the bench in the days when Daniel Patrick Moynihan was naming judges, who spoke the same language as Kessler.