NFLPA files motion to vacate

[Blackluck]

Wait a second. If Wells is not independent then he was legal counsel for NFL during investigation.
How could he then investigate the Patriots concerns of intentional misinformation and leaks?
Answer: He could not. You can't investigate your own client.
Yet they TOLD the Patriots Wells would?

What?

 

[Danger Zone]

So how does the judge use that in his ruling ? He can say nfl said independent but he wasnt but is that enough to score pts to win ?

Wonder if the NFLPA can use as evidence the 10,000+ times Goodell used the word "independent"...

Goodell hammered the "independent" thing on us/the public over and over and over.

 

[raduray]

LOL! Andrew Brandt is doing the NFL's argument. Looks like the NFL is conceding that Wells was not an independent investigator because they are arguing according to rule 46 they are not required to use an independent investigator. I wonder if the media will pick this up.

Goodell Statement released by NFL on May 6: "I want to express my appreciation to Ted Wells and his colleagues for performing a thorough and independent investigation,...
http://nflcommunications.com/2015/05/06/ted-wells-report/

Hahahaha....

 

[raduray]

For those who are wondering:

The estoppel claim is (a big part of) why the NFLPA wanted this case in Minnesota.

Does NY district court recognize Minn district court ruling in this type of thing?

 

[JDot]

Basically says the NFL cannot make any counterarguments to the "no notice" argument of the NFLPA because of the Adrian Peterson ruling on same notice issue.

A few people here explained it well. Its just a legal principle that you can't relitigate the same issue between the same parties. The NFL lost the notice issue in previous cases and thus may be estopped from relitigating.

A brilliant argument by Kessler - just have to see if Berman agrees.

Thanks guys, much appreciated.

 

[SVN]

Dan Werly ‏@WerlySportsLaw 10m10 minutes ago
What do you think, was Goodell "locked in" to adopting the Wells Report (and therefore biased)? #DeflateGate

 

[RelocatedPatFan]

The estoppel claim is (a big part of) why the NFLPA wanted this case in Minnesota.

Right and it makes me feel better that they've (Brady/NFLPA) had this thought some time ago. Seems they are playing chess when the NFL is playing checkers (or let us hope). That's probably the first salvo with more to follow.

 

[Patriot Missile]

NFL is holding a 2 and 7 in the hole.

Meanwhile Brady has 2 kings.

And here comes the flop. 9 for the NFL. Another King for Brady.

Why the NFL is staying in this game is beyond me.

 

[SVN]

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.

 

[SVN]

Right and it makes me feel better that they've (Brady/NFLPA) had this thought some time ago. Seems they are playing chess when the NFL is playing checkers (or let us hope). That's probably the first salvo with more to follow.

Very scared to get my hopes up. Lets hope so.

 

[AllstonPatsFan]

Does NY district court recognize Minn district court ruling in this type of thing?

They are both interpreting federal labor law so it should. It's not like the defamation claim which could vary by state since that is a state law claim.

Berman still has to believe it's the same issue and same parties.

 

[Ras-IR Dowling]

So the nfl is finally conceding that this wasn't an independent investigation? I really wish there was a way to fight to get our picks back. Biggest injustice in sports history.

LOL! Andrew Brandt is doing the NFL's argument. Looks like the NFL is conceding that Wells was not an independent investigator because they are arguing according to rule 46 they are not required to use an independent investigator. I wonder if the media will pick this up.

 

[raduray]

Goodell Statement released by NFL on May 6: "I want to express my appreciation to Ted Wells and his colleagues for performing a thorough and independent investigation,...
http://nflcommunications.com/2015/05/06/ted-wells-report/

From today's NFL filing: "Furthermore, Article 46 does not require an “independent” investigation prior to the imposition of discipline, and indeed it is commonplace for NFL personnel other than the Commissioner to investigate the problematic conduct. See Award at 19 n.20 (“If the entire investigation had been conducted by in-house NFL employees instead of an outside law firm, I would still view it as a thorough and reliable basis for my findings and conclusions"
https://timinhonolulu.files.wordpre...on-to-confirm-arbitration-award-brady-nfl.pdf

Goodell flat out lied.

 

[SVN]

Wouldve been fun if the transscript been released after they filed this. They wouldnt have acepted they are independent then

 

[ChoWZa]

Dan Werly ‏@WerlySportsLaw 10m10 minutes ago
What do you think, was Goodell "locked in" to adopting the Wells Report (and therefore biased)? #DeflateGate

https://twitter.com/hashtag/DeflateGate?src=hash
When I read the NFLPA's motion I thought this was one of their stronger arguments, though it's much overlooked. How can Goodell give such high praise to this investigation, then denounce it upon appeal? It would basically be admitting he's incompetent, or admitting he didn't read it before he gave it such high praise.

 

[Rob0729]

So how does the judge use that in his ruling ? He can say nfl said independent but he wasnt but is that enough to score pts to win ?

Michael McCann seems to think this could sink their whole case. According to him, the fact that the NFL assured the Patriots, Brady, and the public that it was independent and it wasn't could be a reason they lose. My guess is that they interviewed Brady under false pretenses. He thought he was being interviewed by an independent investigator, but in reality Wells and his staff were representatives of the NFL.

 

[Rob0729]

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/

Damn! I wanted to be the bearer of good news. Oh well. Congrats anyway.

 

[SVN]

From today's NFL filing: Furthermore, Article 46 does not require an “independent” investigation prior to the imposition of discipline, and indeed it is commonplace for NFL personnel other than the Commissioner to investigate the problematic conduct. See Award at 19 n.20 (“If the entire investigation had been conducted by in-house NFL employees instead of an outside law firm, I would still view it as a thorough and reliable basis for my findings and conclusions
https://timinhonolulu.files.wordpre...on-to-confirm-arbitration-award-brady-nfl.pdf

Goodell flat out lied.

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 ?

 

[Deus Irae]

Does NY district court recognize Minn district court ruling in this type of thing?

different courts will take notice, but won't necessarily feel bound. In this case, it's not even a ruling from the full court. Kessler & Co. are, essentially, trying to get the Minn. ruling affirmed at the same level in N.Y.. If they can win the estoppel argument, Goodell will continue to be screwed as long as he's in front of Berman and pulling this stuff.

 

[patman12]

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.

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?