Steph Stradley on 2nd Circuit Deflategate hearing request

[patsfan13]

Once again great job by Steph Stradley breaking down the filings and Amicus briefs and what they mean.

FAQs: Deflategate Second Circuit Rehearing Request - Stradley Law Firm

She has links to all the filings and discusses the physics, Patriots Amicus briefs ect.

What do you think of the Tom Brady – NFLPA’s petition?

Well written, of course. Is what you would expect from a Ted Olson filing.

What this filing does well is to explain why Tom Brady’s position is legally right, right from a public policy perspective, and also why he is in the right.

Brady being “in the right” is also known in the law as the “equities” of the situation. In this situation, it is the question, “Did Brady do anything wrong?”

Was that supposed to be the question on appeal? No. Is it something that seemed to trouble the Second Circuit in its majority opinion? Yes.

It is an art to subtly talk about something that isn’t supposed to be of legal significance, but certainly is a part of a larger argument about why you are legally right and from a public policy perspective also right. (Read the Rule 35 (B) Statement on the first page of Olson’s filing. Effective recitation of key facts that are relevant to why the majority opinion is wrong).

From my view, the NFL didn’t do a good job of that in front of District Court Judge Berman but did a better job of that with Paul Clement’s filing to the Second Circuit.

Ultimately, the battle is now: “Is the majority opinion bad/inconsistent with labor and arbitration jurisprudence?” Clement made that argument better in the first Second Circuit argument, but I think the NFLPA’s best argument on this is better. If it gets heard in a rehearing, which it may not.

If you go to the link and read the rest you will know more than 99% if sports journalist nationally.

 

[Galeb]

If you go to the link and read the rest you will know more than 99% if sports journalist nationally.

If I drove an ice pick 4 inches into my frontal lobe, I would still know more than 99% of sports journalists, national or local. It's not that I know much, it's simply that most of the press is willfully ignorant.

 

[venecol]

From Stradley: " I know some fans were disappointed that the Patriots didn’t sue the NFL. That as an option was never ideal. Even offering this amicus brief is a pretty aggressive move given what latitude Roger Goodell has in making up punishments based on how he feels about things."

I posted in the Patriots file amicus thread that I wouldn't be surprised if Goodell imposes a penalty on the Pats for filing the brief criticizing him. I was half joking but see that Stephanie is thinking the same thing. Goodell is such a douchebag.

 

[IllegalContact]

From Stradley: " I know some fans were disappointed that the Patriots didn’t sue the NFL. That as an option was never ideal. Even offering this amicus brief is a pretty aggressive move given what latitude Roger Goodell has in making up punishments based on how he feels about things."

I posted in the Patriots file amicus thread that I wouldn't be surprised if Goodell imposes a penalty on the Pats for filing the brief criticizing him. I was half joking but see that Stephanie is thinking the same thing. Goodell is such a douchebag.

people should not confuse this with giving kraft credit in any way, but the owners of nfl franchises do give a decent amount of their independence up on league matters in order to be an owner in the nfl.....seems as though the current commissioner is easily swayed to serve the interests of a minority

kraft went out and thought he got himself a nice puppy.........the neighbors managed to turn the puppy against him

 

[BelichickFan]

I almost want Rogie to add punishment for the Amicus just to show how incredibly biased he is.

 

[Tony2046]

Classic Steph.

Should I submit an amicus brief?

"If you need to ask me this question, the answer is no."

 

[PP2]

If I drove an ice pick 4 inches into my frontal lobe, I would still know more than 99% of sports journalists, national or local. It's not that I know much, it's simply that most of the press is willfully ignorant.

I've thought about this conundrum from time to time, and my conclusion is that a majority of sportswriters just don't understand that fans are much more sophisticated and very knowledgeable today than they ever were, thanks to technological advances in access to information, and resources like this forum where you can ask just about any question about football and it will be answered.

Either that or they are just half-assing at their jobs and just don't care if they get called out.

 

[venecol]

I almost want Rogie to add punishment for the Amicus just to show how incredibly biased he is.

I know what you mean but no we don't.

 

[Rob0729]

I agree with Steph that the NFLPA should have brought in Olsen for the appeal and not so late in the process. Kessler is a great attorney, but he is not an appeals expert.

 

[patsfan13]

I agree with Steph that the NFLPA should have brought in Olsen for the appeal and not so late in the process. Kessler is a great attorney, but he is not an appeals expert.

I posted this on another thread, as soon as the league added Clement to their team the NFL
PA should have brought Olsen in.

 

[Jackson 2]

I've thought about this conundrum from time to time, and my conclusion is that a majority of sportswriters just don't understand that fans are much more sophisticated and very knowledgeable today than they ever were, thanks to technological advances in access to information, and resources like this forum where you can ask just about any question about football and it will be answered.

Either that or they are just half-assing at their jobs and just don't care if they get called out.

You are absolutely correct. When I read and listen to assholes like CHB, Volin, Felger, Borges, etc. the contempt they feel toward the fanbase is more than palpable. It's as if we are a collective wad of gum or dog **** that's stuck to the soles of their shoes. Condescending jackasses who embarrass themselves every time they open their mouths or compose a syllable...

 

[RobertWeathers]

I agree with Steph that the NFLPA should have brought in Olsen for the appeal and not so late in the process. Kessler is a great attorney, but he is not an appeals expert.

I put the blame on Dee Smith here for not calling Steffan Johnson out of the bullpen and not giving Kessler the hook with the lead. Hes the one writing the checks to Winston/Strawn - not TB12

 

[Palm Beach Pats Fan]

people should not confuse this with giving kraft credit in any way, but the owners of nfl franchises do give a decent amount of their independence up on league matters in order to be an owner in the nfl.....

In some of the collusion cases, and I forget which side it came from, the NFL has been characterized as being not an alliance of companies but rather one organization of a common interest, with 32 contractors.

When you superimpose that view with the Patriots amicus curie brief, you see the sting. An integral part of that one organization directly slammed that same organization for being liars, for being unethical in other ways, for denying due process, and for taking a dump on the CBA.

Even though Kraft stands to benefit if TB12 is reinstated, the stance he took has to appear quite extraordinary to some of those judges that are attempting to decide if this is worth their time.

 

[venecol]

You are absolutely correct. When I read and listen to assholes like CHB, Volin, Felger, Borges, etc. the contempt they feel toward the fanbase is more than palpable. It's as if we are a collective wad of gum or dog **** that's stuck to the soles of their shoes. Condescending jackasses who embarrass themselves every time they open their mouths or compose a syllable...

Who?

 

[upstater1]

Reading her long post makes me feel like the court system is awful. I mean, there is no opportunity anywhere in the entire process to contest so-called factual findings.

This can go all the way up to the supreme court with outright lies not being contested even once.

 

[RobertWeathers]

Reading her long post makes me feel like the court system is awful. I mean, there is no opportunity anywhere in the entire process to contest so-called factual findings.

This can go all the way up to the supreme court with outright lies not being contested even once.

Its far from perfect but I'd rather go through the legal system here than anywhere else in the world.

 

[Ivan]

The gain of having Brady for the first four games is minute against the anger filing that brief no doubt engendered among the 31, and that's why I give Kraft so much credit for it. For the first time Kraft went against the billionaire boys club and I have no doubt it will cost him when it comes to his role among the other owners. I don't think he had the clout he thought he had and I think that they already resented him and wanted to knock him down a peg after he was lauded as "the man who saved football" The owners are a petty and spiteful lot and I think they will treat him like an outcast in upcoming meetings but he did the right thing and imo Patriot fans should respect him for it and be supportive of it.


Sh.tty job Roger


Love it.

 

[Hammer of Thor]

Its far from perfect but I'd rather go through the legal system here than anywhere else in the world.

 

[RobertWeathers]

The gain of having Brady for the first four games is minute against the anger filing that brief no doubt engendered among the 31, and that's why I give Kraft so much credit for it. For the first time Kraft went against the billionaire boys club and I have no doubt it will cost him when it comes to his role among the other owners. I don't think he had the clout he thought he had and I think that they already resented him and wanted to knock him down a peg after he was lauded as "the man who saved football" The owners are a petty and spiteful lot and I think they will treat him like an outcast in upcoming meetings but he did the right thing and imo Patriot fans should respect him for it and be supportive of it.


Sh.tty job Roger


Love it.

Yep.

Thats why I think Brady continuing to fight is better for Bob and the league's future as opposed to Tom and the NFLPA putting down the guns.

Think of this scenario.....if Tom wins the en banc/appeal, what does Goody do? Does he really want to take this to SCOTUS and have the NFL version of Vietnam carry on? I'm pretty confident that the owners do not want to have this kind of PR anymore....

If he decides to take this to SCOTUS, have it heard and lose I really think the owners are going to get serious about considering removing him as commissioner and I think that is what Bob wants as he knows his franchise will never get a fair shake with Goody and his NY brownshirts in power.

 

[Ivan]

Yep.

Thats why I think Brady continuing to fight is better for Bob and the league's future as opposed to Tom and the NFLPA putting down the guns.

Think of this scenario.....if Tom wins the en banc/appeal, what does Goody do? Does he really want to take this to SCOTUS and have the NFL version of Vietnam carry on? I'm pretty confident that the owners do not want to have this kind of PR anymore....

If he decides to take this to SCOTUS, have it heard and lose I really think the owners are going to get serious about considering removing him as commissioner and I think that is what Bob wants as he knows his franchise will never get a fair shake with Goody and his NY brownshirts in power.

At some point Goodell, it's going to be the sacrificial lamb for the owners the question is when. I think they love having him take the bullets but at a certain point that won't work.

As for Kraft he brought this on himself by bringing in Jets employee as commissioner and standing by praising him as they loaded the league office with jets employees and Patriot haters like Vincent. What really needs to happen next is a complete housecleaning using Tagliabue as a consultant for restructuring the league office with a competent and unbiased staff.