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

[PatsFanSince74]

Hard to do because this case is way bigger than Brady and the NFL. This case goes to the heart of labor law - and thus, it will be (it already is) political.

Nothing wrong with the post to which you responded because it wasn't judgmental of Olsen's actions in Bush v. Gore (or his actions in the gay rights cases, for that matter). I see no reason why politics isn't legitimate in this, even here, as long as it's neither pejorative or side-taking.

Whether I agree with Olsen or not - on anything - is irrelevant to the fact that he's a brilliant legal mind, particularly in the public/political arena. I'm glad he's on Brady's team (and doubly so because of the wider implications on labor law).

Anyone who thinks that this case isn't about "politics" at this point is hopelessly naive.

This is about message and media. Olson has sent the signal that he is ready to do whatever it takes to take down or permanently damage Goodell. I think there will be a drumbeat of leaks and stories.

Olson won the most important Supreme Court Case of our lifetime, one which arguably set the course of our country for the next eight and 16 years. He understands that everything is about "politics" at this level.

 

[SlowGettingUp]

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.

This request for a response by the NFL (if it happens at all) wouldn't happen today.

 

[QuantumMechanic]

Useful nugget of info it gets that far.

Daniel Wallach ‏@WALLACHLEGAL 2m2 minutes agoBoca Raton, FL
Brady would win tiebreaker if case gets reheard by 14 judges and results in 7-7 split vote. District court decision would then be affirmed.

 

[Hammer of Thor]

Olson and Brady discuss strategy:

There's a separate thread on this, but:

- Olson, former US Solicitor-General, appeared on ABC this morning - Disney owned
- Disney also owns ESPN
- ESPN winds up obtaining a "Congressional Report" from someone.
- Somehow the below report appears this morning, of all mornings.

OTL: Report lambasts NFL for vast overreach

Hmmm.......

 

[JMC00]

I wish everyone was not so blase about the first 4 games without Brady. If we go 0-4 we are in a huge hole. If we go 1-3, going 9-3 the rest of the way against a very tough schedule probably gets us the AFC East (not certain) and in the playoffs. However, if we go 8-4, we end 9-7 and everything is very much up in the air. We certainly do not want to lose home games to Buffalo and Miami in that stretch. The defense really needs to be playing well right from week 1.

I wish people didn't make whiney posts about people being "blase" about games 3 months away and Brady still fighting the suspension....

 

[PatsFanSince74]

Useful nugget of info it gets that far.

Daniel Wallach ‏@WALLACHLEGAL 2m2 minutes agoBoca Raton, FL
Brady would win tiebreaker if case gets reheard by 14 judges and results in 7-7 split vote. District court decision would then be affirmed.

I wish there were a Smiley for "Very Useful," so I had to settle for "Useful."
Thanks.

 

[JMC00]

I wish Tom had just put his phone in a safety deposit box in some bank in Switzerland.

Nothing would have changed. nfl still would have harped on him not turning over his phone..

 

[Palm Beach Pats Fan]

Disappointed there is still no mention of whether Brady is guilty or innocent.

Olson makes it very clear in the background section of the brief that Brady is unwavering in his claim of innocence and that no evidence is there to indicate otherwise.

 

[QuantumMechanic]

And it looks like we shouldn't assume that en banc being granted means no suspension in the 2017-18 season:

Daniel Wallach ‏@WALLACHLEGAL 1m1 minute agoBoca Raton, FL
There's plenty of time for the 2nd Circuit to grant the petition, hold rehearing (this summer) and issue a new opinion before Week 1.

 

[PatsFanSince74]

There's a separate thread on this, but:

- Olson, former US Solicitor-General, appeared on ABC this morning - Disney owned
- Disney also owns ESPN
- ESPN winds up obtaining a "Congressional Report" from someone.
- Somehow the below report appears this morning, of all mornings.

OTL: Report lambasts NFL for vast overreach

Hmmm.......

Olson has taken this into the Big Leagues.
Someone is finally fighting back for the Pats and playing just as dirty as the Owners and Goodell have played all these years.
This is gonna get yugly.

 

[RobertWeathers]

Useful nugget of info it gets that far.

Daniel Wallach ‏@WALLACHLEGAL 2m2 minutes agoBoca Raton, FL
Brady would win tiebreaker if case gets reheard by 14 judges and results in 7-7 split vote. District court decision would then be affirmed.

Nice....tie goes to the runner!

 

[Palm Beach Pats Fan]

I love it the symmetry that Brady's side is leaking the truth, long after the NFL won the early public opinion battle by repeatedly leaking lies.

 

[Hammer of Thor]

Olson has taken this into the Big Leagues.
Someone is finally fighting back for the Pats and playing just as dirty as the Owners and Goodell have played all these years.
This is gonna get yugly.

We've all discussed how ESPN is in the bag for the NFL. ESPN is in the bag for themselves, trying to gain the most notoriety and consequently the most revenue possible. When the fight was NFL versus Brady, ESPN made no attempt to hide their shame - following the NFL's narrative as much as possible because the NFL could ruin ESPN if they wanted to. Who's more powerful than the NFL? The US Congress and former top men in the Executive and Judicial Branches. ESPN may now have the financial/powerful backers to make attacking the NFL more profitable for them instead of devastating for them. Very interesting indeed.

 

[RobertWeathers]

There's a separate thread on this, but:

- Olson, former US Solicitor-General, appeared on ABC this morning - Disney owned
- Disney also owns ESPN
- ESPN winds up obtaining a "Congressional Report" from someone.
- Somehow the below report appears this morning, of all mornings.

OTL: Report lambasts NFL for vast overreach

Hmmm.......

More often then not, some things are just a coincidence.

This is not.

A powerful law firm like G&D&C has far-reaching influence and mouthpieces.

 

[SHOWTIME15]

And it looks like we shouldn't assume that en banc being granted means no suspension in the 2017-18 season:

Daniel Wallach ‏@WALLACHLEGAL 1m1 minute agoBoca Raton, FL
There's plenty of time for the 2nd Circuit to grant the petition, hold rehearing (this summer) and issue a new opinion before Week 1.

yes, but appealing the en banc ruling to SCOTUS would likely mean brady plays 16 games.

 

[QuantumMechanic]

Nice....tie goes to the runner!

Heh

(BTW, that's because the granting of en banc review wipes the 3-judge panel decision off the books entirely, so the only "live" decision is that of the court below -- Berman's. The en banc CA2 would then review Berman's decision (I believe the review standard is de novo, though, so they don't have to give any deference to Berman's decision.))

 

[SlowGettingUp]

The only rebuttal, to a constitutional argument was a counter constitutional argument and he wasn't prepared to make that argument. Olsen does just that by arguing that CAII was supposed to be guided by precedents set by prior labor cases in the Supreme Court and they ignored that in favor of Clement's argument that Garvey gave Goodell the authority to do as he pleased.

You do have to consider the different tactics involved. Kessler was just trying to get the court to affirm the findings below. Olsen, by contrast, is forced to show that a bigger picture is involved because that is the only hope of getting an en banc re-hearing. So he's forced to fight on different ground than was Kessler.

I do of course agree that Brady would have been better served by getting an experienced appellate lawyer like Olsen in at the outset instead of for this Hail Mary attempt.

It's a well-done brief, but I'm still not optimistic of a success here - the prior odds are just too steep because this circuit so rarely grants an en banc hearing. And I doubt the Supreme Court gets involved here either - just not the sort of case they typically take.

So personally I'm still trying to look on the bright side - a shortened season for Brady is worth something in the post-season. Each game comes with some chance of injury, and 12 instead of 16 cuts that injury chance by 25%.

 

[SHOWTIME15]

More often then not, some things are just a coincidence.

This is not.

A powerful law firm like G&D&C has far-reaching influence and mouthpieces.

kessler's firm winston and strawn ain't chopped liver. but appeals is not kessler's strong suit.

 

[PatsFanSince74]

Nice....tie goes to the runner!

In this case, to the "truth!"

 

[QuantumMechanic]

yes, but appealing the en banc ruling to SCOTUS would.

Depends on what SCOTUS does.

According to SCOTUS's own media guide they average taking about 6 weeks to decide whether or not to hear a case.

If SCOTUS agrees to hear the case, then (assuming a stay is granted) absolutely Brady will play the full season because by the time some hypothetical en banc decision against Brady comes down in August there is no chance the case would be argued and decided before the beginning of February.

But if SCOTUS declines to hear the case, then that decision to decline could very likely come down during the season.