Official 9/1 Decision Day? News Updates and Links Thread

[raduray]

Not a lawyer or law buff of any kind. But as a professional, I like to have my work peer reviewed from time to time. Is it uncommon for Judges to confur with other robes before making big decisions?
Just a thought and a question.

I asked this earlier and was told it would not be appropriate as the judge is supposed to rule only on the evidence provided by and available to both parties. Any private conversations by the judge, not available to the litigants, would not be kosher.

 

[RobertWeathers]

I asked this earlier and was told it would not be appropriate as the judge is supposed to rule only on the evidence provided by and available to both parties. Any private conversations by the judge, not available to the litigants, would not be kosher.

I read in a legal blog that it was OK but the deciding judge cannot be specific (wink-wink) about the actual details of the case.

 

[PatsFanSince74]

A judge is supposed to champion justice. Berman's questioning of the NFL shows that he realizes that Brady is being railroaded. Putting more pressure on Brady and his team would worsen said injustice. Perhaps he's just making sure that the wording is bulletproof, but I would think a day and a half would be more than sufficient for that. Coming to and publishing a judgement on such a case in a month certainly doesn't qualify as remarkable.

two thoughts
one, a day and a half for a federal judge to finalize, socialize and deliver a ruling is close to Warp Ten. Tomorrow would be light speed. Friday morning would be really, really fast .

two, the job of a judge is to assure that the Law is properly applied and enforced in matters that come before the Court. Usually that means that"justice" is done...but not always. In this case it is pretty clear that Judge Berman thinks that Brady was treated unjustly, now he's trying to determine whether or not Goodell acted legally in so doing.

 

[zydecochris]

two thoughts
one, a day and a half for a federal judge to finalize, socialize and deliver a ruling is close to Warp Ten. Tomorrow would be light speed. Friday morning would be really, really fast .

two, the job of a judge is to assure that the Law is properly applied and enforced in matters that come before the Court. Usually that means that"justice" is done...but not always. In this case it is pretty clear that Judge Berman thinks that Brady was treated unjustly, now he's trying to determine whether or not Goodell acted legally in so doing.

Good point, and I would think that his highest priority is writing something carefully enough that can't be overturned on appeal. I'm sure he would rather spend an extra day or so on writing something that won't be overturned as opposed to dashing out a slipshod ruling that will be overturned.

 

[Galeb]

two thoughts
one, a day and a half for a federal judge to finalize, socialize and deliver a ruling is close to Warp Ten. Tomorrow would be light speed. Friday morning would be really, really fast .

two, the job of a judge is to assure that the Law is properly applied and enforced in matters that come before the Court. Usually that means that"justice" is done...but not always. In this case it is pretty clear that Judge Berman thinks that Brady was treated unjustly, now he's trying to determine whether or not Goodell acted legally in so doing.

I would be shocked if he didn't come his decision many days ago, it is just a matter of putting it into words that would make it very difficult to overturn. That said, I do agree that upholding the law is his first priority, and if he is dotting his eyes and crossing his Ts, I understand. It just sucks that every day it takes puts more pressure on Brady and the Pats.

 

[ANGR89]

Everybody just needs to calm down and stop obsessing about the verdict!

.....says the guy who has worriedly checked this thread five thousand times today already

Glad I'm not alon

 

[YOUGOTMOSSED]

So Berman anticipates his decision by end of this week. He has to have an answer by now. He might be waiting to see how to word it trying to make it air tight on an appeal.

http://itiswhatitis.weei.com/sports...-deflategate-decision-by-the-end-of-the-week/

How many different ways are there to say "Boy! That Goodell is a really stupid douchebag"?

 

[PP2]

You'd like to think that the Judge understands that its important for the Pats to know what the results are BEFORE Thursday night's game. Not knowing by game time puts then at an unfair advantage in their preparations with the Steelers. As it is, the entire process has HAD to have taken a toll on this preseason's preparations, at least for the coaches.

Tomorrow Judge Berman - Tomorrow. It's not like the game is on a Sunday - If he waits until the end of the week the team will have LESS than a week to prepare for whatever outcome he decides. I mean, he can officially present his decision any damned time he wants, but he has an obligation of fairness to let the Pats know whether their QB will be available for the opener, by TOMORROW

Relax PF, have a cold one. Berman did say he would issue a decision by Sept. 4th, a long time ago. You can trust the team has already been game-planning for both scenarios.

But for me, the fact that Berman is taking until Friday before issuing his order (to affirm or vacate award) is a good sign as we know he's already made up his mind. This Friday marks the beginning of labor day weekend and I'm willing to bet you the decision pops up in PACER at the last possible minute, right before the long weekend; a good amount of time for the uproar to die down, hardly something that would happen if he was going to rule for the NFL.

 

[PatsFanSince74]

Good point, and I would think that his highest priority is writing something carefully enough that can't be overturned on appeal. I'm sure he would rather spend an extra day or so on writing something that won't be overturned as opposed to dashing out a slipshod ruling that will be overturned.

it's impossible to tell, but in this case I had assumed that if it were announced that the Parties were advised this morning to expect a Ruling today, that would be bad news for Brady since the path of least resistance would be for Berman to default to the Ruling least likely to be overturned on Appeal and the Ruling itself would probably be more straightforward to prepare if he were upholding Goodell. I think of tomorrow as "no man's land.". If we're still waiting on Thursday, I might actually feel optimistic...on the other hand it could just signify nothing

 

[YOUGOTMOSSED]

Relax PF, have a cold one. Berman did say he would issue a decision by Sept. 4th, a long time ago. You can trust the team has already been game-planning for both scenarios.

But for me, the fact that Berman is taking until Friday before issuing his order (to affirm or vacate award) is a good sign as we know he's already made up his mind. This Friday marks the beginning of labor day weekend and I'm willing to bet you the decision pops up in PACER at the last possible minute, right before the long weekend; a good amount of time for the uproar to die down, hardly something that would happen if he was going to rule for the NFL.

It would be kind of ironic for him to rule in favor of management on a union dispute right before labor day weekend.

 

[SVN]

https://www.facebook.com/DanWetzelSports/posts/738398959605417

 

[PatsFanSince74]

Relax PF, have a cold one. Berman did say he would issue a decision by Sept. 4th, a long time ago. You can trust the team has already been game-planning for both scenarios.

But for me, the fact that Berman is taking until Friday before issuing his order (to affirm or vacate award) is a good sign as we know he's already made up his mind. This Friday marks the beginning of labor day weekend and I'm willing to bet you the decision pops up in PACER at the last possible minute, right before the long weekend; a good amount of time for the uproar to die down, hardly something that would happen if he was going to rule for the NFL.

I think he always said that he would"try" to rule by the fourth. It was only yesterday that he said that he would"certainly" rule by the end of the week.

 

[Soul_Survivor88]

it's impossible to tell, but in this case I had assumed that if it were announced that the Parties were advised this morning to expect a Ruling today, that would be bad news for Brady since the path of least resistance would be for Berman to default to the Ruling least likely to be overturned on Appeal and the Ruling itself would probably be more straightforward to prepare if he were upholding Goodell. I think of tomorrow as "no man's land.". If we're still waiting on Thursday, I might actually feel optimistic...on the other hand it could just signify nothing

That's pretty much what other analysts have been saying

Ian Gunn ‏@IanPGunn 12m12 minutes ago
Also true that it probably takes more time 2 craft decision favoring Brady: goes against deference & want 2 make sure it holds up on appeal

 

[PatsFanSince74]

That's pretty much what other analysts have been saying

Ian Gunn ‏@IanPGunn 12m12 minutes ago
Also true that it probably takes more time 2 craft decision favoring Brady: goes against deference & want 2 make sure it holds up on appeal

ouch! I get nervous when these guys agree with me!

 

[Soul_Survivor88]

Daniel Wallach ‏@WALLACHLEGAL 22m22 minutes agoHallandale Beach, FL
Whichever way Judge Berman rules, expect a lengthy opinion (50+ pgs), and if it's in Brady's favor, look for vacatur on more than one ground

 

[RelocatedPatFan]

Usually that means that"justice" is done...but not always.

Well if Justice was being served, Goodell would be the defendant.

 

[Galeb]

Daniel Wallach ‏@WALLACHLEGAL 22m22 minutes agoHallandale Beach, FL
Whichever way Judge Berman rules, expect a lengthy opinion (50+ pgs), and if it's in Brady's favor, look for vacatur on more than one ground

50+ pages?!?! No wonder it's taking so long.

 

[Wrath Mania]

The lawyer on CSNNE made a good point: this is going to be the case Berman will be remembered for. Whatever side he chooses he wants his ruling to be airtight; i.e. so there's as little chance as possible of his word being overturned. Interesting motive that's easy not to notice since we're so wrapped up in the actual fight.

 

[Ross12]

The fact that Berman sent out a notice at like 4:30 pm basically saying "I need more time", IMO means he wanted to finish today but the darn thing is taking forever to write up the way he wants. This seems to be something that favors Brady. Can't imagine it would take long to say "Award affirmed, Article 46!"

 

[SVN]

The fact that Berman sent out a notice at like 4:30 pm basically saying "I need more time", IMO means he wanted to finish today but the darn thing is taking forever to write up the way he wants. This seems to be something that favors Brady. Can't imagine it would take long to say "Award affirmed, Article 46!"

Or because media types have been pestering all day and he decided to tell everyone to just chill. Or maybe settlement squeeze is on.