Source: Judge Berman has already overturned an arbitration case similar to this one

[BradyFTW!]

The wildcard is that the NFL CBA is unique(ly stupid). So past ruling may or may not apply here.

The principle on which Berman apparently vacated the decision in question is a general one, and it would apply to the NFL CBA just as much as it applies to any other.

 

[Oswlek]

The wildcard is that the NFL CBA is unique(ly stupid). So past ruling may or may not apply here.

I'm still not grasping why this would be the case. I've heard the explanations, but none get past either

1) Goodell being allowed to act as arbiter does not allow him to act partially, capriciously or dishonestly.
2) Article 46 does not supersede the rest of the CBA, particularly is punishment is explicitly laid out.

Beyond that, contracts are invalid if they grant illegal powers to either party, so even if Article 46 provides what the NFL says it does, it would still fail because it grants Goodell too much authority.

Unless I'm missing something, I don't see how the NFL's case is anything but bluster.

 

[signbabybrady]

Not to put a damper on anything, but Josina Anderson is a complete hack. Belongs on E Television or something like that. Not a reliable reporter, wouldn't even call her a reporter.

Who cares about her skill she is irrelevant. She pointed out something that Judge Berman did.

 

[TomPatriot]

Daniel Wallach ‏@WALLACHLEGAL 4m4 minutes ago
Interesting: the most recent arbitration vacatur by Judge Berman (April 2015) has been APPEALED to the Second Circuit

This has to be done to preserve the right to appeal. It doesn't necessarily mean the appeal will be perfected (filed, argued, decided).

Not so clear this case is the same. DCC was under court supervision already, making it easier to overturn rulings. Not so with the NFL or NFLPA. Also, there was an explicit violation of CBA in this case, not a "law of the shop" argument.

 

[luuked]

I wonder how concerned the NFL is over loosing their anti-trust exemption. Courts have found in the past that self-policed concerns can loose this exemption if they continually violate workplace rules and their CBA.

It will never happen but I would laugh for days if the entire ****ing league would eventually collapse because of how they -- completely unnecessarily -- went on this wild goose chase.

Burn it down, so we can rebuild it better.

 

[SVN]

http://profootballtalk.nbcsports.com/2015/09/01/judge-berman-has-several-options-for-brady-ruling/

 

[Rob0729]

The wildcard is that the NFL CBA is unique(ly stupid). So past ruling may or may not apply here.

People keep saying that, but ignoring the fact that the NFL is 0-4 in court with the same CBA in a federal court system that is stacked in the NFL's favor. The problem for the NFL is that they are convinced that the CBA gives them far more sweeping powers than it really has.

 

[JMC00]

Not to put a damper on anything, but Josina Anderson is a complete hack. Belongs on E Television or something like that. Not a reliable reporter, wouldn't even call her a reporter.

Don't see how that has anything to do with this. She is reporting that Berman has overturned an arbitration case in the last 4 months.

 

[Silver Blue&Red]

Judge Berman is not a top 5 arbitrator over turner - Chris Simms

Chris Simms is the biggest D Bag I've listened to recently. He's been on "The Fan", filling in for Boomer and Carton, all week. He's is a bitter, jealous loser. He talks about how hard he works at studying sports during the week. How about reading the Wells report Dumass? He still thinks Brady masterminded the whole thing!! Idiot

 

[JMC00]

People keep saying that, but ignoring the fact that the NFL is 0-4 in court with the same CBA in a federal court system that is stacked in the NFL's favor. The problem for the NFL is that they are convinced that the CBA gives them far more sweeping powers than it really has.

Didn't technically 2 of those cases never even get ruled in federal court because the nfl appointed arbitrators ruled against them?

 

[rexxar]

Ben Volin ‏@BenVolin 2m2 minutes ago
Feely was NOT punished for the #Jets tampering with the K-balls in 2009, and he spoke with Berman yesterday about how his case was handled

Ben Volin ‏@BenVolin 3m3 minutes ago
Jay Feely said on @douggottlieb's show that he specifically addressed this 2009 K-ball incident with Berman yesterday http://profootballtalk.nbcsports.com/2015/07/30/2009-jets-patriotsincident-becomes-issue-in-brady-case/…

 

[strngplyr]

Has the NFL even been in court 4 times before Goodell?

The CBA was never the problem.

 

[Patsfanin Philly]

Watch the NFL appeal before the decision is officially made.

You can already predict the press release should Brady win.....IF
>>>>>******HYPOTHETICAL-NOT REAL**********
What I expect (hope/wish/pray) the league has the opportunity to say..

“We’re disappointed Judge Berman chose to ignore the provisions of the CBA, especially Article 46 that were collectively bargained that allow the Commissioner to act as arbitrator. We reject his findings that the Wells report was factually incorrect or biased. We further reject his finding that this was an equipment violation covered by a fine only in the CBA as well as his determination that notice was required. This was an independent investigation that found Tom Brady to be culpable for the deflation of the balls impacting the integrity of the game.

The Commissioner will continue to take actions that protect the players, fans and ensure the game is played on a level playing field. The NFL Management Council will appeal this incorrect ruling to the Second Circuit Appeals court where this will hopefully be rectified…”
--------------------
I really hope they have to use some variation of that........
And yeah, I believe they have brass b*lls enough to tell a Federal judge he's wrong.....

 

[Gronkowski123]

Not to put a damper on anything, but Josina Anderson is a complete hack. Belongs on E Television or something like that. Not a reliable reporter, wouldn't even call her a reporter.

britt mchenry is more credible.

 

[JarOfMayo51]

ESPN talking to brady camp source?

I'm sure Brady's camp is shaking with anticipation to give news to ESPN lol

"Our sources from the Brady camp" is probably a fortune cookie that Brady left on the table after dinner somewhere

 

[Hoodie]

Not to put a damper on anything, but Josina Anderson is a complete hack. Belongs on E Television or something like that. Not a reliable reporter, wouldn't even call her a reporter.

She may be a hack but the case is real as is Berman's decision.

 

[Hoodie]

britt mchenry is more credible.

who is Britt McHenry? I don't know who she is.

 

[BradyFTW!]

Didn't technically 2 of those cases never even get ruled in federal court because the nfl appointed arbitrators ruled against them?

Yeah, that 0-4 that's being referenced is Rice, Bountygate, Hardy and Peterson. Of those four, Rice and Peterson were actually ruled on by federal judges (and IIRC Rice was ruled on by a retired judge who was serving as arbitrator, but I may be wrong so don't quote me on that). Bountygate and Hardy were both reduced/eliminated by an arbitrator, not in court.

 

[RobertWeathers]

who is Britt McHenry? I don't know who she is.

Shes that stuck-up ESPN reporter who *****ed out the parking garage person...totally pulled a, "You know who I am?".

A loathsome human being....

 

[Rob0729]

Didn't technically 2 of those cases never even get ruled in federal court because the nfl appointed arbitrators ruled against them?

Not that I am aware of. In Bountygate, Rice, and Peterson cases, the Judge overturned the arbitrator's ruling, sent it back to the NFL to get a neutral arbitrator. The Bountygate and Rice punishments were overturned when a court ordered neutral arbitrator ruled. The NFL is in contempt of court on the Peyerson case.

It is conceivable that Judge Berman does the same thing in this case.