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

[ANGR89]

They just gave some lines from the actual submission of the appeal on WEEI. Some of the quotes they gave were even more harsh than the draft we've been reading all day today.

if you can post some that would be great......anything embarrassing the nfl I love to hear

 

[TheBostonStraggler]

Wasn't Olson supposed to be on vacation?

From what I have read, he needed to be off vacation and on this case months ago. IMLHO this kind of attacking of the case was needed yet was peculiarly absent.
Of course I am of the mind that if you are going down in such a BS way then at least go down throwing every punch you can (from hell's heart to stab at thee). Lawyers and the "justice" system probably see that otherwise.

 

[patsfan13]

The NFLPA should have hired Olsen when the Owners hired Clement.

 

[letekro]

One thing missing is any discussion of the NFL actually lying to the court. There were some very specific examples of known lies by the NFL that could have been cited, such as Goodell stating that Brady had denied discussing the allegations with Jastremski in the aftermath, when the transcript of Brady's testimony made it clear that such discussions were part of their conversation.

An accusation of perjury is an awfully big hammer and needs to be wielded with caution, but I think that it could have been used here.

IANAL... is there a reason that the NFL's provable lies wouldn't be highlighted?

A charge of "perjury" requires a lie under oath. I don't believe anyone from the NFL has been under oath here.

As for the mischaracterization of Brady's testimony in Goodell's decision, it is a fairly subtle point to raise given the high standard of deference afforded arbitrator decisions and their interpretation of the underlying facts. It probably could have been mentioned in a footnote in the original brief before Judge Berman, but likely didnt' deserve more than that. At this stage, the lawyers need to paint in broad strokes, highlighting the policy implications of the 2nd Cir.'s ruling.

 

[XLIX]

if you can post some that would be great......anything embarrassing the nfl I love to hear

One thing that stood out is they essentially call Goodell a liar (which, of course, he is):

DRAFT VERSION:

Commissioner Goodell nonetheless launched a so-called “independent” investigation ...

SUBMITTED VERSION (emphasis mine):

Goodell superintended a multimillion-dollar investigation into purported football deflation during the 2015 AFC Championship Game—an investigation he falsely portrayed as independent.

I think there is a more-than-subtle difference in the way they worded that statement.

 

[QuantumMechanic]

FWIW, a friend of mine is a law professor (and he's also clerked for CA7's Frank Easterbrook) and he told me he was pretty surprised by all the italicized words (other than cites) as that's not Olson's style: "to me that is a strong sign that Olson is not playing a controlling role in this appeal". He also said he was surprised that the petition doesn't frame the issue as anything wider than error correction.

 

[XLIX]

Another example of the harsher language from the official filing (emphasis mine):

Goodell’s biased, agenda-driven, and self-approving “appeal” ruling must be vacated.

Again, not anything we haven't been saying in this forum for months, but it is nice to see it in a legal filing.

 

[JMC00]

FYI: Now that this filed Brady is technically not suspended as of right now

 

[Tony2046]

IANAL: But I found this interesting. So they are arguing that Article 46 should grant or authorize authority rather than limit it. Interesting.

 

[letekro]

FWIW, a friend of mine is a law professor (and he's also clerked for CA7's Frank Easterbrook) and he told me he was pretty surprised by all the italicized words (other than cites) as that's not Olson's style: "to me that is a strong sign that Olson is not playing a controlling role in this appeal". He also said he was surprised that the petition doesn't frame the issue as anything wider than error correction.

I would go further and state that the prolific italicization in this brief struck me as highly unusual and not in the style of any front-rank attorney. Very odd.

 

[QuantumMechanic]

I would go further and state that the prolific italicization in this brief struck me as highly unusual and not in the style of any front-rank attorney. Very odd.

My friend's first remark on seeing the as-filed document was "they left in the horrible italics? ugh."

 

[QuantumMechanic]

FYI: Now that this filed Brady is technically not suspended as of right now

Actually, Brady has not been suspended since Berman issued his decision last September. While the CA2 panel decided against Brady, their order to Berman to dissolve his blocking of the suspension has never gone into effect. By CA2 rules it doesn't take effect until 7 days after the later of the en banc request deadline or CA2's final disposition of any en banc request.

 

[QuantumMechanic]

I would go further and state that the prolific italicization in this brief struck me as highly unusual and not in the style of any front-rank attorney. Very odd.

Didn't Kessler's briefs to Berman and the CA2 panel have lots of italics (I can't remember)? If so, maybe this was ghosted by Kessler, with some input by Olson and Olson's signature on it?

 

[Tony2046]

FWIW, a friend of mine is a law professor (and he's also clerked for CA7's Frank Easterbrook) and he told me he was pretty surprised by all the italicized words (other than cites) as that's not Olson's style: "to me that is a strong sign that Olson is not playing a controlling role in this appeal". He also said he was surprised that the petition doesn't frame the issue as anything wider than error correction.

Does he think Kessler edited this? Looking back at Kessler's filing to the NY court he used italicized words for emphasis. JK..

 

[Tony2046]

Didn't Kessler's briefs to Berman and the CA2 panel have lots of italics (I can't remember)? If so, maybe this was ghosted by Kessler, with some input by Olson and Olson's signature on it?

Just looked and his briefs to Berman did use italics as a point of emphasis.

 

[Mack Herron]

 

[Palm Beach Pats Fan]

italics-gate

 

[RobertWeathers]

Just looked and his briefs to Berman did use italics as a point of emphasis.

He should have used exclamation points in the the CA2 appeal. He might have won.

 

[SHOWTIME15]

Does he think Kessler edited this? Looking back at Kessler's filing to the NY court he used italicized words for emphasis. JK..

does anyone with PACER know who filed this electronically? if it's someone at Winston & Strawn then Steffen Johnson probably wrote the brief and this could explain the sylistic descrepancies.

 

[goheels22002]

One complicating factor is that the SCOTUS term ends by the end of June. Between then and the first Monday in October, the petitions just pile up and then the decisions all get released then.

SCOTUS does not hear any cases until October 1. Results begin coming months later, and usually they hold really juicy ones until April of the following year.