Sally on Roger

[The Gr8est]

Can I just add that if it was possible to buy stock in people I'd be going long on Sally Jenkins and shorting the hell out of Roger Goodell.

 

[QuantumMechanic]

It would be incredible if this happened. This would be the true a-bomb against the league's integrity, as I think we're all pretty well aware of what would come to light. I would expect the NFL--citing attorney-client privilege--to drop the case entirely rather than comply with this order.

Won't happen. A federal judge would know better than to issue an order that would violate attorney-client privilege (which would clearly apply to NFL/Pash) and if he did, the NFL would fight the order and very likely get it quashed.

 

[raduray]

Sally Jenkins @sallyjenx
If Judge Berman wants to end Brady case right now, all he has to do is tell the NFL to turn over their emails to Wells, not under seal.

Is this precluded by the agreement on no new discovery, or is it legit given that the NFL's attorney-client claims are in the appeals transcript which will be the basis of Berman's decision?

 

[RobertWeathers]

And he blew off the Pats' counsel's legitimate requests to correct the public record.

That too.

I bet he hates dogs, sunny days and when supermodels call him sexy.

Evil.To.The.Core

 

[Ring 6]

Won't happen. A federal judge would know better than to issue an order that would violate attorney-client privilege (which would clearly apply to NFL/Pash) and if he did, the NFL would fight the order and very likely get it quashed.

I'm not sure about that.
Does privilege really attach when Pash is named as co-author?
The privilege in question would be communications between the NFL and their attorney.
The protection of privilege is the client, not the attorney.
So for Pash to claim privilege he would have to confirm that Wells was acting as legal representation for the NFL while conducting the interview.

In other words, if I have a lawyer and he is accused of beating up his receptionist while I am at his office, he cannot claim that I am not allowed to testify due to attorney-client privilege.

 

[raduray]

Won't happen. A federal judge would know better than to issue an order that would violate attorney-client privilege (which would clearly apply to NFL/Pash) and if he did, the NFL would fight the order and very likely get it quashed.

I agree with you, but won't the exercising of that claim undermine the "independence" claim of the Wells Report in Berman's eyes?

 

[Ring 6]

Is this precluded by the agreement on no new discovery, or is it legit given that the NFL's attorney-client claims are in the appeals transcript which will be the basis of Berman's decision?

I don't think there is an agreement on no new discovery, that is just a phrase some have used to describe Bermans letter.

 

[raduray]

I don't think there is an agreement on no new discovery, that is just a phrase some have used to describe Bermans letter.

I thought it was in the joint letter to Berman from the NFLPA and the NFL asking for the expedited schedule.

 

[Rob0729]

Sally Jenkins @sallyjenx
If Judge Berman wants to end Brady case right now, all he has to do is tell the NFL to turn over their emails to Wells, not under seal.

You know that the NFL will claim attorney client privilege. I am not sure how the Judge would rule in this case. Technically, Wells was serving as a lawyer in his role as investigator and any communications relating to this investigation should not be protected, but that may be why they had Resnor as the lead in the appeal to make the information privileged again.

But I think this is why the NFLPA put this in their case. I think they want to put the League up against the wall and try to force them to give up communications between Pash and Wells or cave in a settlement discussion because they are afraid of what will come out.

 

[tatepatsfan]

Is this precluded by the agreement on no new discovery, or is it legit given that the NFL's attorney-client claims are in the appeals transcript which will be the basis of Berman's decision?

No, not precluded. Discovery is between the parties. Judge Berman can ask whatever he wants. However, as others have suggested, he would be highly unlikely to do this because of the attorney-client privilege. At most, I think he could ask to review them in camera, which means he (and only he) would look at them. But this is pretty unlikely here, and I think it is unlikely he pursues this course (as awesome as it would be). Also, privilege can be waived, but I don't think it has been here.

 

[RobertWeathers]

Wow! I can hardly wait to see her next column.

 

[Rob0729]

Is this precluded by the agreement on no new discovery, or is it legit given that the NFL's attorney-client claims are in the appeals transcript which will be the basis of Berman's decision?

Both the NFL and the NFLPA stated they did not need any discovery to proceed to trial. That doesn't mean that the Judge can't ask for new information if he chooses.

And if the case isn't settled by September 4th, the NFLPA will ask for a continuance and I am sure both sides will then request additional discovery documents at that point since the case will go to a full hearing.

 

[raduray]

Both the NFL and the NFLPA stated they did not need any discovery to proceed to trial. That doesn't mean that the Judge can't ask for new information if he chooses.

And if the case isn't settled by September 4th, the NFLPA will ask for a continuance and I am sure both sides will then request additional discovery documents at that point since the case will go to a full hearing.

I thought that if the case is not settled, Berman would rule by Sept 4.

 

[Ring 6]

I thought it was in the joint letter to Berman from the NFLPA and the NFL asking for the expedited schedule.

No, it was someone interpretation of what was meant by additional 15 pages to further support your case.
There was no language of any agreement against further discovery.

 

[Ring 6]

I thought that if the case is not settled, Berman would rule by Sept 4.

They have asked him to, he has not said that is definite.

 

[IcyPatriot]

As long as she doesn't go Leroy Jenkins it will be very helpful.

 

[patfanken]

All of them. Unseal all of them. I think the best part is nothing the NFL says now is credible. Honestly. I hope Stradley tears Tanguay and Trollin tomorrow. I don't know if she understands the absurd level she will encounter. Actually now that I think about it Minihane will be back and he's pro Brady. So she has that.

I hate that Minihane is pro-Brady, because I really, really, REALLY don't like that guy. Next to Borges he's the other guy I'd love to walk up to and slap him in the face and hope he takes offense.

 

[raduray]

No, it was someone interpretation of what was meant by additional 15 pages to further support your case.
There was no language of any agreement against further discovery.

I looked it up. From the joint letter to Berman: "No discovery is needed to adjudicate the parties' motions, which will be based on the arbitration record".

Of course, the parties also agreed on sealing the transcript (note that the NFLPA wanted to reverse that agreement during Goodell's hearing and the NFL refused), but we saw that Berman overrode that agreement.

 

[patfanken]

It would be incredible if this happened. This would be the true a-bomb against the league's integrity, as I think we're all pretty well aware of what would come to light. I would expect the NFL--citing attorney-client privilege--to drop the case entirely rather than comply with this order.

It just occurred to me after reading this how POWERFUL even the threat of a Brady vs the NFL/ESPN/Ben Volin, Ron Borges, CHB, etc, would be (even if you forget about everything after the NFL/ESPN.)

Just by filing the suit the threat of what Brady's lawyers could find in discovery would make what's happened in the last few weeks seem like a walk in the park. They'd have no choice at all but to make some kind of very large settlement which would include of course, the demise of Goodell, Pash, Kinsell, and Giardi....at least. Not only that with Brady filling a suit, what's to stop the Saints, Washington, and Cowboys, Vilma, etc adding to the NFL league office's misery.

 

[RobertWeathers]

You know that the NFL will claim attorney client privilege. I am not sure how the Judge would rule in this case. Technically, Wells was serving as a lawyer in his role as investigator and any communications relating to this investigation should not be protected, but that may be why they had Resnor as the lead in the appeal to make the information privileged again.

But I think this is why the NFLPA put this in their case. I think they want to put the League up against the wall and try to force them to give up communications between Pash and Wells or cave in a settlement discussion because they are afraid of what will come out.

It is my understanding that if there is a leak of information that was considered attny-client privilege, then that right is waived.

When Wells asked Pash if what he was going to share with Kessler was a/p and Pash answered, did that open the door for the potential ask for more info from the NFL that is considered attny-client privilege?

Don't know?