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

[shmessy]

Michael McCann @McCannSportsLaw
Alan Milstein, who's litigated against NFL and tried cases before Judge Berman, told me: “Berman will absolutely vacate Brady's suspension.”

 

[Brady_to_Moss]

During Wednesday's settlement hearing, Judge Richard Berman had some pointed criticism for the NFL and its lack of evidence against Tom Brady and the Deflategate saga.

The impression was that Berman was pressing the NFL more aggressively than the NFLPA, which leaves the question, how confident Brady's camp should be?

"I would tap the breaks on that," Tom E. Curran said. "The reason is the main thing Judge Berman wants is a settlement. The best way to highlight which entrenched side needs to move a little bit is to point out the holes in their case and that’s what Judge Berman did. Don’t misinterpret his questions as being determining factors in which way he’d rule. He said he has no idea yet what he will do legally with this case if it gets to him. But he doesn’t want it to get to him."


Per Curran

 

[raduray]

What legal basis are you talking about?

The argument is whether Goodell overstepped his authority under one policy and the NFL is saying that's not the policy he's being punished for. There's legal disagreement but what's the "legal basis" for a Brady win? I don't see this as a clear case either way.

http://www.footballbyfootball.com/column/myth-busted-cba-is-no-magic-wand-for-roger-goodell

 

[Hoodie]

Bruce Allen from Boston Media Sports Watch is re-teweeting this guy who is a law professor from Texas A&M (though full disclosure, he's also originally from Maine.) Here are a few tweets. I suggest you check him out.

 

[RobertWeathers]

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.

Muppett News Flash: Married people fight, argue, etc.

For anyone who doesn't..wait a while..

 

[Patsfanin Philly]

I'm confused. So only the Supreme Court justices can just make stuff up and ignore language & precedent and the Constitution while Federal judges are constrained to ruling on the actual law and precedent?

I have always felt that judges make up their mind on who they want to win based on the facts and make the law fit their decision.......
This has happened throughout history where judges have created rights where none existed in law. Read up on " penumbra of rights" as an example.
Hopefully here, Judge Berman realizes that " there is nothing there" and rules for Brady even if the CBA would seem to favor the NFL.

 

[YOUGOTMOSSED]

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.

Yes that plus there's a clear written rule that covers equipment violations vs. a vague provision where players agree not to do anything "naughty."

 

[ANGR89]

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.

But oh it gets better.....now another one is reporting deflategate strained their marriage.....Damn nfl . Lol

 

[Kdo5]

I have always felt that judges make up their who they want to win based on the facts and make the law fit their decision.......
This has happened throughout history where judges have created rights where none existed in law. Read up on " penumbra of rights" as an example.
Hopefully here, Judge Berman realizes that " there is nothing there" and rules for Brady even if the CBA would seem to favor the NFL.

I hope this is the case. I mean if both sides have a case in terms of the process then I don't see why Berman can't interpret it in favor of the side that he believes is in the wrong. And it would appear that he thinks the conclusions of the Wells Report are a joke.

 

[smurfalarm]

But oh it gets better.....now another one is reporting deflategate strained their marriage.....Damn nfl . Lol

They're having a huge row because Brady likes his footballs at 12.5 PSI but Gisele prefers them at 13.4 PSI.

 

[Patsfanin Philly]

I have always felt that judges make up their who they want to win based on the facts and make the law fit their decision.......
This has happened throughout history where judges have created rights where none existed in law. Read up on " penumbra of rights" as an example.
Hopefully here, Judge Berman realizes that " there is nothing there" and rules for Brady even if the CBA would seem to favor the NFL.

Florio must be following me...15 minutes after I post this, he posted...
---------------------------------------------------------
For now, Judge Berman seems more interested in the facts than the law
Posted by Mike Florio on August 12, 2015, 10:39 PM EDT

 

[SVN]

http://profootballtalk.nbcsports.co...ms-more-interested-in-the-facts-than-the-law/

 

[PatsWSB47]

Here's the thing. If Berman wants to rule for the NFL* because he has to because of the CBA, then why is he wasting everyone's time with facts? Do we really want to believe he's just throwing out this stuff that will have no actual bearing on how he decides just to pressure a settlement?

 

[QuantumMechanic]

Here's the thing. If Berman wants to rule for the NFL* because he has to because of the CBA, then why is he wasting everyone's time with facts? Do we really want to believe he's just throwing out this stuff that will have no actual bearing on how he decides just to pressure a settlement?

My debbie downer theory is that he's doing that to bluff the NFL into settling on terms closer to what he wishes the outcome should be. In other words, he wants to rule for Brady but doesn't think the law will let him get there and so is trying to force a settlement closer to how he wish he could rule.

I, of course, would be happy to be wrong.

 

[SVN]

Here's the thing. If Berman wants to rule for the NFL* because he has to because of the CBA, then why is he wasting everyone's time with facts? Do we really want to believe he's just throwing out this stuff that will have no actual bearing on how he decides just to pressure a settlement?

Because maybe he doesnt want to rule for the NFL and pushing them to settle for a sham investigation and in case he makes a ruling against the PA he makes it clear he is only ruling on the cba process not on investigation. I dont know how he separates those but I guess the lawyers know that better.

 

[5thRing-Hunt]

I don't want a settlement before next week. I wanna see Goodell on the stand answering questions. Brady has already spent hours answering these lawyers. Goodell won't know what hit him.

 

[SVN]

http://www.csnne.com/new-england-patriots/coyne-hearing-shouldn-t-read-too-much-process

Love it when something goes opposite to NFL , everyone says dont read much into it.

 

[PatsWSB47]

My debbie downer theory is that he's doing that to bluff the NFL into settling on terms closer to what he wishes the outcome should be. In other words, he wants to rule for Brady but doesn't think the law will let him get there and so is trying to force a settlement closer to how he wish he could rule.

I, of course, would be happy to be wrong.

So these questions and points he's throwing at the NFL* are not actually relevant to how he is going to rule in the case? He's only trying to trick the NFL* into a settlement?

 

[ViperGTS]

So these questions and points he's throwing at the NFL* are not actually relevant to how he is going to rule in the case? He's only trying to trick the NFL* into a settlement?

The NFL lied at every turn. They have no evidence. Judge Berman has all the law he wants on his side. The NFL and Goodell violated the CBA by lying multiple times, the latest being lying in the appeal letter.

 

[YOUGOTMOSSED]

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.

"or is guilty of any other form of conduct reasonably judged by the League Commissioner to be detrimental to the League or professional football,"

This really isn't the best legal drafting I have ever read.