NFLPA files motion to vacate

[XLIX]

If I was a lawyer and knew how to do such things (and I had time to kill) I would look at this judge's ruling history to see if he has ever ruled against a party for failing to operate in good faith.

There is a legal principle called "The implied covenant of good faith and fair dealing" that applies to all contract law. I would think that this covenant would especially apply to a situation where one person has been given so much power.

 

[Mack Herron]

Great outline by Wallach of NFLPA arguments here:
http://www.bplegal.com/webfiles/New Cliff Notes.pdf

 

[juny]

I am surprised Florio hasn't chimed in yet. Either he is trying to compile a swing for the fences article or he actually haven't had a chance to read the briefs. I hope for the former. He has written several news article since these were released.

Well here you go. Clearly thinks nflpa argument is stronger

http://profootballtalk.nbcsports.co...ntal-vs-equipment-violations-in-brady-vs-nfl/

 

[The Gr8est]

Great outline by Wallach of NFLPA arguments here:
http://www.bplegal.com/webfiles/New Cliff Notes.pdf

I couldn't even make it halfway through as it just enraged me what the NFL* is trying to foist on is.

Really, at this point, IMO considering the unwarranted suspension and theft of vital draft choices, the NFL* is systematically trying to damage the Pats ability to compete.

Are there grounds for someone to go after the NFL*'s anti-trust exemption?

 

[SHOWTIME15]

Any ruling by Judge Berman could be appealed to the 2nd Circuit. In the Peterson case, Judge Doty sent the case back to the NFL for re-arbitration. The NFL immediately appealed to the 8th circuit, which has not made a ruling yet. I get the feeling this might not be over for a while.

 

[Rob0729]

Well here you go. Clearly thinks nflpa argument is stronger

http://profootballtalk.nbcsports.co...ntal-vs-equipment-violations-in-brady-vs-nfl/

Kinda a wishy/washy article though. No talking about the NFL moving the goal post on what Brady is punished for. No mention of the NFL basically admitting that Wells was never independent. Definitely not the hit out of the park that I was expected.

 

[juny]

Kinda a wishy/washy article though. No talking about the NFL moving the goal post on what Brady is punished for. No mention of the NFL basically admitting that Wells was never independent. Definitely not the hit out of the park that I was expected.

This one seemed to concentrate solely on the arguments in the briefs. His other article the other day listed all of the faults with the NFL's process, with a bunch of links to the other times Florio pointed them out.

 

[raduray]

Any ruling by Judge Berman could be appealed to the 2nd Circuit. In the Peterson case, Judge Doty sent the case back to the NFL for re-arbitration. The NFL immediately appealed to the 8th circuit, which has not made a ruling yet. I get the feeling this might not be over for a while.

And Roger is up in front of Doty next week to explain why he shouldn't be held in contempt for stalling the re-arbitration seeing as how the NFL never asked and Doty never put an injunction on his ruling pending appeal.

Goodell's going to have a fun week: Tuesday in front of the owners, Wednesday in front of Berman, Thursday in front of Doty.

 

[DaBruinz]

Andrew Brandt ‏@adbrandt 41m41 minutes ago
NFL: "Commissioner did not discipline Brady for merely being “generally aware” of violation of playing rules." Says for scheme/obstruction.

What scheme? It's already been proven by the science that no wrong doing was committed..
Obstruction? It's already been proven that Brady did nothing to obstruct any investigation. The only "obstruction" was the Patriots refusing to let McNally be interviewed a 6th time. A decision that Brady had no part of..

This is where the Wells report and the flawed science comes into play..

 

[turkeyneck]

Landis' gamble was that he could wrest absolute power from the players based on the inherent threat of gambling's effect on the outcomes of baseball games, and he won. Goodell has taken the same gamble over under-inflated footballs.

Here, though, the threat is from Goodell and his NYJ mafia taking it upon themselves to nobble teams they don't favor. [btw, I would not be surprised to learn that there was vast amounts of money changing hands because games against the Pats that were thought to be 'arranged' came out differently than planned in the Inner Sanctum because BB and Brady are just that good.]

 

[DaBruinz]

Daniel Wallach ‏@WALLACHLEGAL 10m10 minutes ago
In other words, NFL is saying that Brady wasn't disciplined for violating Competitive Integrity Policy but rather for 'conduct detrimental'"

Daniel Wallach ‏@WALLACHLEGAL 13m13 minutes ago
NFL: "Brady was suspended for conduct detrimental to the integrity of and public confidence in the game of professional football"

hahahaha, the irony.

What conduct by Brady was detrimental to the integrity of and public confidence in the game of professional football??

Brady making sure the ballboys gave the inflation rules to the ref?
Brady sitting for 8 hours of questioning before the league's investigator?
Brady offering to give and giving oodles of personal data from his phone when requested?

It seems to me that the NFL is continuing to shoot themselves..

 

[DaBruinz]

So the CBA that the NFLPA signed says Goodell can be the one to give out punishments and be the arbitrator. Doesn't sound good for Brady at all. What are the chances the NFLPA/Brady can beat this?

It's actually very good when you consider the fact that, as an arbitrator, you are not supposed to have been involved in the previous decision and it seems that Goodell was..

 

[DaBruinz]

Thanks for the correction...hopefully all of this will provide a better foundation for the next round of negotiations. And hopefully the NFLPA won't be influenced to accept what Goodell (or whomever is in the job) says is non negotiable.

There is a very good chance that a ruling in Brady's favor will force an amendment to the current CBA taking the Penalty arbitration power from the Commissioner and giving it to an agreed upon 3rd party Arbitrator..

 

[SHOWTIME15]

There is a very good chance that a ruling in Brady's favor will force an amendment to the current CBA taking the Penalty arbitration power from the Commissioner and giving it to an agreed upon 3rd party Arbitrator..

Either way, there is no way the NFLPA will ever again agree to the Commissioner as being a "neutral" arbiter. It would be interesting if the current CBA gets amended or if they will wait until it expires to kick Goodell out of this role.

 

[DaBruinz]

I just don't get the nfl argument. They claim that Brady could be suspended for his actions due to the fact they were detrimental to the integrity of the game and thus goodell has the authority under the cba to issue the suspension. However, Brady was clearly told that he was not subject to discipline for not handing over his phone during the Wells investigation. I just don't see the logic. Can someone play devil's advocate and paint me a scenario where their stance is legitimate? I don't see it

Actually, it was Wells who made the statement that Brady wouldn't be subject to punishment, not the league. So, the league can claim that Wells didn't have that authority.

However, things get muddy here because of the league's claim that Wells was independent and now their claim that he wasn't.

- If he wasn't independent, then he represented the league and the judge can rule that, because he represented the league, his statement that Brady would not be punished is binding.

- If he was independent, then the judge can rule that Wells statement is non-binding. However, that also leads to other issues regarding the NFLs filings claiming that Wells wasn't independent.

It seems to me that the NFL just screwed themselves again..

 

[n6249c]

Goodell lying repeatedly SHOULD get him in trouble. Maybe lying isn't spelled out as a CBA violation, but it ought to annoy the hell out of a judge anyway.

It is a violation of the NFL Bylaws. Firing offense in fact.

 

[n6249c]

According to the league, nothing. Brady could be banned for life for bringing the league into disrepute by wearing ugly boots.

Shouldn't that be Uggly boots?

 

[n6249c]

I couldn't even make it halfway through as it just enraged me what the NFL* is trying to foist on is.

Really, at this point, IMO considering the unwarranted suspension and theft of vital draft choices, the NFL* is systematically trying to damage the Pats ability to compete.

Are there grounds for someone to go after the NFL*'s anti-trust exemption?

Bingo!

This is all about competitive balance and the Pats' continued mockery of parity.

Underlying foundation is, all the other teams know how hard it is, so they can't believe that Pats can be so consistently superior without cheating. Why, that's downright unfair!

 

[TB_Helmet]

Great outline by Wallach of NFLPA arguments here:
http://www.bplegal.com/webfiles/New Cliff Notes.pdf

Thanks for this. I didn't read the whole thread, but this summary makes it look like the NFLPA is also using the failure to understand the ideal gas law and the rest of the science? Am interpreting that correctly? IMO that gives them a stronger case, previously I thought they'd only be arguing the procedural aspects and not the science.

 

[n6249c]

Thanks for this. I didn't read the whole thread, but this summary makes it look like the NFLPA is also using the failure to understand the ideal gas law and the rest of the science? Am interpreting that correctly? IMO that gives them a stronger case, previously I thought they'd only be arguing the procedural aspects and not the science.

Wallach's summary included much about lack of protocols and lack of knowledge of IGL as elements in unfair (lack of) process. I didn't read the legal filing but assume Wallach summarized it accurately.