NFLPA files motion to vacate

[FrodoBagginz]

My heart is sinking by the minute. Have a really bad feeling this is not going to go our way.

 

[VectorPrime]

My heart is sinking by the minute. Have a really bad feeling this is not going to go our way.

Because of 2 posts by a nobody on Reddit? come on

 

[Gronkowski123]

Don't like the sounds of that

yea, im not as confident as others on this site.
but this is injustice. berman should do the right thing.

 

[QuantumMechanic]

yea, im not as confident as others on this site.
but this is injustice. berman should do the right thing.

That's not his job. His job is to do what the law says. And if he concludes that the law gives Goodell the authority to do what he's done Berman is ethically bound to uphold the suspension no matter how railroaded or innocent he thinks Brady is.

 

[XLIX]

That's not his job. His job is to do what the law says. And if he concludes that the law gives Goodell the authority to do what he's done Berman is ethically bound to uphold the suspension no matter how railroaded or innocent he thinks Brady is.

(not a lawyer, but) I disagree with this. If Berman thinks the League Office railroaded Brady and Brady is an innocent man, I would bet he can factor that into his decision. He can always say the League office acted in such bad faith that the whole thing gets set aside.

Also, even if you ignore the question of guilt and innocence, he can fall on the "Law of the Shop" that the NFLPA is pushing. This is what saved Peterson and Rice. Basically the NFLPA said "hey, they did what they were accused of, but you can't just make up any old punishment; you have to go with the punishments in place."

 

[Brady2Moss]

IMO hell vacate and kick it to a neutral arbiter so he doesn't have to do anything

 

[BTTA]

(not a lawyer, but) I disagree with this. If Berman thinks the League Office railroaded Brady and Brady is an innocent man, I would bet he can factor that into his decision.

My sense is that many of the lawyers chiming in on this, across the internet (not just here), are saying that Berman can't and won't do exactly what you are saying he will do.

 

[JMC00]

Because of 2 posts by a nobody on Reddit? come on

Especially this guy


Guhonda 1 point 8 hours ago

J-E-T-S JETS JET JETS

Chicago guy living in Northern NJ. I had family way back in the day play and coach for the Jets. So the Jets are my AFC team...and frankly, probably the only team I'm rooting for that could even sniff the postseason.

 

[JMC00]

from reddit

http://www.reddit.com/r/nfl/comments/3g747h/the_full_15page_documents_filed_by_the_nfl_and/



Not sure what he means that the supreme court is telling not to overturn the arbitration.

That guy is a self professed jests fan.

 

[Fencer]

Not sure what he means that the supreme court is telling not to overturn the arbitration.

Perhaps a reference to MLBPA vs. Garvey, which the NFL cites a lot in its brief.

That case is linked and briefly discussed in another thread.

 

[SVN]

Daniel Wallach ‏@WALLACHLEGAL 7h7 hours agoMiami Beach, FL
Daniel Wallach retweeted Stephanie Stradley

Brady does not have to run legal gauntlet to beat NFL: only needs to win on 1 point, as @StephStradley notes

Daniel Wallach added,

Stephanie Stradley @StephStradley
@mchorowitz @WALLACHLEGAL NFLPA gave Judge Berman many things to hang hat on if he is inclined to do so. Hard to predict what resonates.

 

[adam941]

Keep in mind that the statistics showing very few arbitration awards being overturned point to very different circumstances.

Many union members I have met are very knowledgable in regards to rules, procedures, and rights. No offense, but some of them think they are more knowledgable than they actually are. When a ruling goes against them, they seem eager to take it to court. The people they are taking to court are professional people who have been dealing with CBAs for years, have a financial interest in being right, and listen to their many lawyers. There's a good reason they win most of those cases.

Compare that to here. LO has no financial interest in being right so egos can easily get in the way. I don't think they truly understand their own CBA as other executives do. And when those egos show themselves, do you really think they want to listen to their lawyers?

Despite the history of all CBA arbitration rulings, just look at the leagues history in court.

 

[XLIX]

There is really no way to predict what he is going to do. He is just one guy. There is certainly legal basis to justify a decision to uphold and there is certainly legal basis to justify a decision to overturn. A lot of it falls on luck of the draw. If we gave the same case to 10 judges from the same district, we would probably get a good number of each verdict with 10 different opinions on the reasoning behind it.

 

[raduray]

Franz Kafka could have written this story.

 

[rochrist]

I was more on the owners' side during the lockout because I didn't agree with the NFLPA or Kessler on a number of issues. For example, I didn't think they cared enough about the retired players (and still don't).

As opposed to the league?? Really?

 

[Wax Frog]

Good photoshop project for Goodell's face on the disembodied head:

View attachment 9888

 

[RelocatedPatFan]

People keep pointing out that judges don't like to overturn arbitrators decisions (with regards to CBAs).

Doesn't that make the recent run on the decisions going against the NFL all that much more damning and show there is some fundamental flaw in their thinking? Also, they keep coming back to the same points (or so it seems...section 46). Their lack of learning and forwarding the same agenda is quite scary (do they think they only need to win once to get ultimate power)?

 

[vyrago]

I think they know brady did no wrong, they're just so arrogant they're going through with this anyways.

No wonder his father was so bullsh!t about this: his son who has just won his 4th SB, who's unquestionably the GOAT, is slandered and being dragged through the mud by the very org. that should be celebrating him. It's enough to drive Mother Theresa into a murderous rage.

 

[RobertWeathers]

No wonder his father was so bullsh!t about this: his son who has just won his 4th SB, who's unquestionably the GOAT, is slandered and being dragged through the mud by the very org. that should be celebrating him. It's enough to drive Mother Theresa into a murderous rage.

I bet if you sit down with Tom Sr over a beer he's got a lot more to say...

 

[vyrago]

My question to the lawyers here is can the judge rule based on goodell lied ? We all know he lied but he/NFL dont care now as long as the judge rules in their favor. So can the judge consider this as a reason to overule or does it not fall under the case argument at all ?

Judge Judy does all the time. You better not let her catch you in a lie or your goose is cooked and your case is lost!