NFLPA files motion to vacate

[Mack Herron]

Daniel Wallach ‏@WALLACHLEGAL 37s37 seconds ago

Overall impression: Brady/NFLPA legal arguments are more persuasive (at least to me) than NFL's legal arguments. I give Brady the 60-40 edge

 

[SVN]

Would this filing be public if judge berman hadnt ordered so ? If not imagine how much of a dark hole we would be in terms of the truth

 

[BradyFTW!]

Yet they failed to prove a "scheme" existed. As far as obstruction- wasn't a fine the most they were supposed to do for that?

Not to mention that they can't very well uphold the suspension for obstruction when the "obstruction" in question was failure to provide a phone that Wells had already acknowledged he didn't want.

 

[RobertWeathers]

Thanks for letting me know, but @Wheelman let me know earlier today. I was feeling rather good about it so I created a whole thread for it:

http://www.patsfans.com/new-england...h-stradley-thinks-im-funny-and-weird.1122069/

U responded to my post! I deserve an assist on the stat sheet

 

[QuantumMechanic]

Can't the NFLPA just ask Judge Berman to follow the precedent set in Missouri in that Goodell cannot be an arbiter?

They can ask, but it's not binding precedent, so he doesn't have to follow it. Trial courts do not set binding precedent. And even the federal circuit courts only set binding precedent in their own circuits.

 

[deters]

Too bad Brady won't do this...

*Warning Language*

 

[Rob0729]

I have to say I hated Jeffrey Kessler during the lockout, but I absolutely love him on our side now. He may be a bit of a weasel, but he seems to be 10x the lawyer than anyone on the NFL side.

 

[Rob0729]

Can't the NFLPA just ask Judge Berman to follow the precedent set in Missouri in that Goodell cannot be an arbiter?

Different circumstance. That case was for an NFL employee with no collective bargaining agreement. The CBA would supersede that case since the CBA does say Goodell can be an arbitrator.

 

[SVN]

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.

 

[raduray]

They can ask, but it's not binding precedent, so he doesn't have to follow it. Trial courts do not set binding precedent. And even the federal circuit courts only set binding precedent in their own circuits.

Actually, if Berman overturns the suspension based on Peterson and Peterson is then overturned on appeal, wouldn't that pull the rug out from under Brady's victory?

 

[RobertWeathers]

Kessler is the Larry Bird of lawyers.

 

[BradyFTW!]

I have to say I hated Jeffrey Kessler during the lockout, but I absolutely love him on our side now. He may be a bit of a weasel, but he seems to be 10x the lawyer than anyone on the NFL side.

I liked him during the lockout too, to each their own. Crap like this is a big part of why I was anti-league in the CBA negotiations. I don't think it was reasonable to see exactly this coming, but certainly something like it.

 

[Rob0729]

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.

Can't Kessler just argue that the NFL did not suspend Goodell, Pash, Vincent, or Kensil for "conduct detrimental to the integrity of and public confidence in the game of professional football" to show that the punishment isn't fairly applied?

 

[deters]

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.

So when is this guy getting fired for conduct detrimental to the integrity of and public confidence in the game of professional football?

 

[Blackluck]

I have to say I hated Jeffrey Kessler during the lockout, but I absolutely love him on our side now. He may be a bit of a weasel, but he seems to be 10x the lawyer than anyone on the NFL side.

Brady and/or Patriots should have retained him the second Mort's "11/12" report came out.

 

[Rob0729]

I liked him during the lockout too, to each their own. Crap like this is a big part of why I was anti-league in the CBA negotiations. I don't think it was reasonable to see exactly this coming, but certainly something like it.

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).

 

[Patriot Missile]

Can't Kessler just argue that the NFL did not suspend Goodell, Pash, Vincent, or Kensil for "conduct detrimental to the integrity of and public confidence in the game of professional football" to show that the punishment isn't fairly applied?

They need to suspend themselves for their integrity and conduct.Although firing themselves would be preferable.

 

[Rob0729]

Brady and/or Patriots should have retained him the second Mort's "11/12" report came out.

Brady's biggest mistake was not to embrace the NFLPA from the beginning.

 

[BradyFTW!]

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).

I agree there. I don't think anyone at the table particularly cares about them though, unfortunately.

 

[SHOWTIME15]

I have to say I hated Jeffrey Kessler during the lockout, but I absolutely love him on our side now. He may be a bit of a weasel, but he seems to be 10x the lawyer than anyone on the NFL side.

He represents his client. You may have hated him because of his client's position in the lockout. But you love him because of his client's position now.