Official Brady vs. NFL Federal Court 8/12 Thread (LIVE UPDATES)

[JMC00]

I hope this isn't one of those "sharksofvegas" assurances.

Michael McCann isn't a bullshitter, he is Sports Illustrated's legal analyst. Now obviously he is just relaying another attorney's opinion. But I'd take an attorney's opinion over some of the chicken littles and trolls that have posted in this thread about how they think this is gonna go.

 

[MuscleCarLover]

"We are not final because we are infallible, we are infallible because we are final."

Whatever you feel about Obamacare ( I am not tipping my hand for/against) when you read the Supreme Court ruling they do gymnastics and some creative bends to make it a "Tax" on which they have no power over, that's on Congress. Courts can do pretty much whatever they want. I IMPLORE you to never do anything to have to enter that arena if you can help it.

 

[FirstAndGoal]

I understand that's what the NFL's position is but either there's a separate written players' policy in effect or there isn't. If there's an ambiguity about that, that should work to Brady's advantage. I suspect (and I'm too lazy to look) that the NFL is trying to pass off some vague "catch all" phrase like a "competitive integrity" clause in the players contract as sufficient notice.

Their argument is that Brady conspired to damage the integrity of the game and there's no need for notice under that policy. All they need to do is give Brady the platform to defend himself in a fair forum. They say they did based on the powers granted to them by the CBA.

I don't have much confidence in how this will ruled and I suspect that a lot of people think that the judge will rule on the "evidence" of deflated footballs.... I don't and I don't think the judge has done anything that people should take as proof of how he'll decide. I wouldn't put much of a bet on this one.

I have hope but not confidence on this one. I'm hoping that the judge can see his way to rule in Brady's favor because there's legal justice in that decision.

 

[ANGR89]

Which rag did the NFL leak to?

Anything is possible but this doesn't jibe with G's birthday greeting to Tom.

OK Magazine they have it on their cover.

 

[willard]

Have not seen any mention of it yet. Any speculation on the additional brief (might not be the correct term) Kessler notified the court he was going to file on Friday.

 

[patsfan13]

Have not seen any mention of it yet. Any speculation on the additional brief (might not be the correct term) Kessler notified the court he was going to file on Friday.

Found that interesting.

 

[patsfan13]

OK Magazine they have it on their cover.

Bet this is an NFL leak. Bast@rds

 

[smurfalarm]

I know people have quoted various things here from the CBA, but have they quoted this bit from the standard player contract that is in Appendix A of the CBA?



So IANAL but that would seem to give some level of validity (in the context of the CBA) to Goodell-as-Commissioner's punishment. Whether or not Goodell-as-arbitrator was fair and unbiased is a whole different thing.

Adrian Peterson signed the exact same contract under the exact same CBA, and the NFL lost in federal court for lack of notice because player policies for domestic violence did not allow for a punishment as harsh as the one Goodell gave him. I don't know if Berman will agree with Doty's ruling, but there's already precedent on that particular point, and it goes against the NFL.

 

[Hoodie]

Bet this is an NFL leak. Bast@rds

read the story though. It says nothing, but if you're gonna write a story like that, best to put in on the cover when they're both hot in the news. She for the plastic surgery and he for deflategate. Sells more mags.

 

[SHOWTIME15]

Michael McCann isn't a bullshitter, he is Sports Illustrated's legal analyst. Now obviously he is just relaying another attorney's opinion. But I'd take an attorney's opinion over some of the chicken littles and trolls that have posted in this thread about how they think this is gonna go.

Just because he's a legal analyst doesn't mean much. Gabe Feldman, Lester Munson and Roger Cosack are all "legal analysts" for ESPN...and they are idiots. However, I do like McCann's analysis in general.

 

[YOUGOTMOSSED]

Their argument is that Brady conspired to damage the integrity of the game and there's no need for notice under that policy. All they need to do is give Brady the platform to defend himself in a fair forum. They say they did based on the powers granted to them by the CBA.

I don't have much confidence in how this will ruled and I suspect that a lot of people think that the judge will rule on the "evidence" of deflated footballs.... I don't and I don't think the judge has done anything that people should take as proof of how he'll decide. I wouldn't put much of a bet on this one.

I have hope but not confidence on this one. I'm hoping that the judge can see his way to rule in Brady's favor because there's legal justice in that decision.

Not a labor law guy but "conspiring to damage the integrity of the game" is a bit murky. I'm going to go out on a limb and say, based on the questions he presented, the judge is not overly impressed with the basis for the punishment. A half baked basis for a violation of murky standard of conduct can easily be construed as arbitrary. I hope that's where this is going.

 

[karguy85]

Just because he's a legal analyst doesn't mean much. Gabe Feldman, Lester Munson and Roger Cosack are all "legal analysts" for ESPN...and they are idiots. However, I do like McCann's analysis in general.

McCann is also a law professor. Munson, I believe, was disbarred.

 

[JMC00]

Not a labor law guy but "conspiring to damage the integrity of the game" is a bit murky. I'm going to go out on a limb and say, based on the questions he presented, the judge is not overly impressed with the basis for the punishment. A half baked basis for a violation of murky standard of conduct can easily be construed as arbitrary. I hope that's where this is going.

Not to mention it seemed that Berman maybe of the opinion that Brady never conspired or schemed. IF Berman thinks that then the "integrity of the game" argument has no merit.

 

[ViperGTS]

McCann is also a law professor. Munson, I believe, was disbarred.

To compare or use Munsons name in the same vein as McCanns should be a federal offense.

 

[Kdo5]

OK Magazine they have it on their cover.

As far as tabloids go, OK! Magazine is near the bottom of the barrel. At least from what I looked up. Sounds like they are correct about 20% of the time.

 

[SVN]

http://www.nfl.com/videos/new-engla...0509018/Myers-Judge-was-harder-on-NFL-lawyers

 

[BradyFTW!]

The twitterverse is blowing up with every minute of this. Dont know what the heck is going on.

If two celebrities are married, and one of them is in the news, tabloids will claim their marriage is falling apart. That's just how it is, means nothing.

 

[ANGR89]

read the story though. It says nothing, but if you're gonna write a story like that, best to put in on the cover when they're both hot in the news. She for the plastic surgery and he for deflategate. Sells more mags.

Just sad they put that out there especially right now and to advertise it like it's already a forgone conclusion "$460 million dollar divorce ". Even if they are having problems it's no one's business and my god every couple has fights, doesn't mean divorce. And sounds like they tried to make Brady look bad with lines like "he's mad because she makes him cook for the kids" etc. Just stupid and definitely odd timing.

 

[Patriot Missile]

Brady doesn't like health food and doesn't like to cook for his kids. Good stuff..anyone that has access to Brady's kitchens and his in house conversations with Gisele are a must buy. Sign me up.

I want my 30 seconds back.

 

[AllstonPatsFan]

McCann is also a law professor. Munson, I believe, was disbarred.

I had McCann in law school. He's a really good guy. Down to earth, friendly, and very knowledgeable. He knows what he's talking about.