Tom Brady, NFLPA Granted 14-Day Extension To File Motion For Rehearing By Second Circuit Court

[PatsFanSince74]

I want to say up front I know nothing about this process so this may be a stupid question, but does it hurt his chances waiting until the last minute to file?

Not a stupid question at all. There's nothing prejudicial about waiting until the last minute.

Federal Appeals Judges aren't sitting around breathlessly waiting to learn if a failed Appellant has filed a Motion for an en banc review. Because of the notoriety of the case, there's probably a little more curiosity than usual among the three judges on the panel, especially Katzmann, who would have to poll his colleagues and organize the response to the Motion, so they might have asked their clerks to keep an eye on the electronic filings for the day, but that's about it.

I suspect that, if they're going to file for a review by the entire court, they'll do so this morning and then they might hold a Press conference this afternoon, especially if they've decided to take a "scorched earth" approach.

 

[PP2]

I remember asking one of my sons to consider law as a career. Too bad he didn't and decided to become a scientist instead.

Good for your son! He contributes to the betterment of people instead of taking away from them.

 

[PatsFanSince74]

Good for your son! He contributes to the betterment of people instead of taking away from them.

Unless he works for Exponent.

 

[Mack Herron]

While the 2nd Circuit typically respects three-judge panel decisions, because the lone dissent vote was cast by Robert Katzmann, the chief justice of the entire 2nd Circuit, there appears to be a greater chance than usual to grant anen banc hearing. A decision on an en banchearing should be released by July 4th. If granted, Brady's suspension will be stayed until a final ruling. If denied, he and the NFLPA have a right to appeal to the Supreme Court.

 

[RobertWeathers]

If a large portion of the court wants to hear the case re-heard (a break from its typical approach statistically), then directing the winning party to respond to the petition may be an indicator that a large portion of the court agrees that the appeal of the District Court was not sound (i.e., the decision was not sound) and thus the court wants a Mulligan. If the court was not inclined to do anything with the decision, then it would just deny the request for further proceedings.

For example, the court may order the parties to address legal issues not raised in the appellate briefs. That is generally an indication that its ultimate decision will be based on this issue out of left field. Those court orders often signal intentions.

Thanks! I thought it had something to do with granting the appeal but clearly there is protocol and process that must be followed that contextually important to understand.

Here's hoping!

 

[RobertWeathers]

why didn't wallach mention anything about this before? honestly i wasn't looking forward to anything today other than a routine filing by brady's side.

That was my thought as well. As I get a little more educated on what today means it seems to me like a pretty damn important day for Brady.

 

[RobertWeathers]

It was all a dream.....she used to read Law Review Magazine......Earl Warren and Oliver Wendall Holmes decisions she gleaned.....

Ok thats enough..

 

[BTTA]

why didn't wallach mention anything about this before? honestly i wasn't looking forward to anything today other than a routine filing by brady's side.

I didn't interpret this to indicate that they would ask for a response immediately upon receiving the filing. Wouldn't it make sense for them to take some time to read and think before asking?

 

[QuantumMechanic]

From the Globe:

Tom Brady’s legal team, now headed by former US Solicitor General Theodore Olson, said it will file an en banc appeal to the US Court of Appeals for the Second Circuit on Monday, asking the court to review its decision to reinstate Brady’s four-game suspension for his role in Deflategate.

Olson revealed the news in an interview with ABC.


“The facts here are so drastic, and so apparent, that the court should rehear it,” Olson told ABC.

The appeal will now be reviewed by all 13 active judges in the Second Circuit, and Brady will need at least seven judges to agree that Brady’s appeal has merit and the case deserves to be heard in front of the entire roster of active judges. The judges usually take 4-6 weeks to determine whether to hear an en banc appeal.

Tom Brady’s legal team to file Deflategate appeal - The Boston Globe

 

[QuantumMechanic]

I suspect that, if they're going to file for a review by the entire court, they'll do so this morning and then they might hold a Press conference this afternoon, especially if they've decided to take a "scorched earth" approach.

Perhaps. On the other hand:
Daniel Wallach ‏@WALLACHLEGAL 11h11 hours ago
For you PACER watchers, Ted Olson is notorious for his late-night court filings on deadline day. Lived thru it on NJ sports betting. #COFFEE

Then again, Olson apparently gave an interview to ABC this morning, so who knows.

 

[Mack Herron]

Here is a preview of Olson's take and draft of filing:


Here it is:
Draft Brady En Banc Petition

 

[Gronkowski123]

still a long shot that a rehearing is granted but at least tom is fighting this ********

im preparing myself for jimmy G for 4 games!

 

[SHOWTIME15]

brady's legal team has to convince 6 of the judges (not including katzmann) to rehear the case.

 

[Hammer of Thor]

Apparently the appeal is out there -- someone got a hold of a draft copy (or it's been actually filed). Can find it through here:
Brady appeals Second Circuit court's ruling that reinstated his suspension

 

[Hammer of Thor]

Ah, forgot I can upload it (couldn't link PDF directly).

 

[JetFan79]

I could see Brady as Bastian. Then BB as the big rock guy and Kraft being that old @ss turtle.

So I'm sure many of you have been following this closely. What's actually being appealed?

1. Whether there was cheating or not? Like going over IGL, texts, witnesses and so on?

2. Or just Goodell's authority and how the NFL handles punishment? As in the courts don't give 2 $hits about the details of the actual balls. The NFL determines that. The courts are only concerned with what authority the NFL has to issue punishment.

3. Some combination of both or something else?

 

[Galeb]

I could see Brady as Bastian. Then BB as the big rock guy and Kraft being that old @ss turtle.

So I'm sure many of you have been following this closely. What's actually being appealed?

1. Whether there was cheating or not? Like going over IGL, texts, witnesses and so on?

2. Or just Goodell's authority and how the NFL handles punishment? As in the courts don't give 2 $hits about the details of the actual balls. The NFL determines that. The courts are only concerned with what authority the NFL has to issue punishment.

3. Some combination of both or something else?

I picture Kraft as more like the giant rock dude that said "they look like such strong hands".

 

[JetFan79]

I picture Kraft as more like the giant rock dude that said "they look like such strong hands".

Good call. Tons of different casting possibilities. Goodell could be the wolf, and the NFL, the "nothing".

 

[Hammer of Thor]

I could see Brady as Bastian. Then BB as the big rock guy and Kraft being that old @ss turtle.

So I'm sure many of you have been following this closely. What's actually being appealed?

1. Whether there was cheating or not? Like going over IGL, texts, witnesses and so on?

2. Or just Goodell's authority and how the NFL handles punishment? As in the courts don't give 2 $hits about the details of the actual balls. The NFL determines that. The courts are only concerned with what authority the NFL has to issue punishment.

3. Some combination of both or something else?

The answer to all of this is Yes. The original appeal to Goodell argued #1 as well as item 2. Both the Berman appeal and the NFL appeal briefing didn't focus on #1 at all, but both Berman and the 3 appellate judges (notably Chin) explicitly brought up #1 in the discussions. I believe the thought process was that Brady's legal team felt they weren't legally allowed to argue item #1 once the arbitrator (Goodell) said no, but clearly both sets of judges didn't care about that. I haven't read through this draft brief yet, so I can't say if Olson is following the same tactic, but I would suspect he is.

 

[XLIX]

I want to say up front I know nothing about this process so this may be a stupid question, but does it hurt his chances waiting until the last minute to file?

I can't imagine how it would....

Even if it did, I would think that his legal team would know that waiting was unwise so they would file sooner. The fact that they are comfortable waiting to the last minute tells me it isn't a problem.