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

[JMC00]

the CA2 has not stayed the panel ruling so I think he still is.

automatic stay once this was filed

 

[VectorPrime]

So um, if Olsen chose to use italics he must know what he's doing right?

 

[letekro]

So um, if Olsen chose to use italics he must know what he's doing right?

Overuse of italics (and this brief is a prime example) is almost universally regarded in legal writing as distracting and dilutive of the desired impact, and just downright tacky. Olson most certainly knows what he is doing but I find this presentation odd. While he certainly didn't write it, he must have signed off on it.

 

[Hammer of Thor]

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.

You may know, but for those who don't, he is the brother of the much-maligned Gregg Easterbrook of Tuesday Morning Quarterback fame. Despite his brother's assault on the Pats, he holds a solid place in my heart because he overturned one of the stupidest lower court rulings I had ever seen, which affected the industry I work in.

 

[Danger Zone]

So um, if Olsen chose to use italics he must know what he's doing right?

clearly

 

[goheels22002]

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

Only if the Patriots are a Wild Card team.

 

[QuantumMechanic]

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.

I was talking about when they announce what cases they will be hearing, not actually hearing them.

From Oct to June they'll announce roughly weekly cases they are agreeing and declining to hear. But from June to Oct they announce nothing and generally release all the hear/no-hear decisions that have built up over the summer on the first day of their term (first Monday in October).

If they were to announce even as early as October they were hearing Brady's case, then yeah, no way any result comes down before the Superbowl.

 

[Big Bucks]

Thanks to all the guys on this thread giving commentary. Really helps us less knowledgeable people in understanding the process and therefore become better informed.

 

[skinnydog]

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.

Overuse of italics in legal writing is distracting and sort of like USING ALL CAPS ON THE INTERNET TOO MUCH!!

 

[DaBronxPats14]

Yeah, don't listen to John Madden.

Yup he rather play for OT, WE rather play for a Win!

 

[slash83]

Now that an appeal was officially filed how long does it take to hear whether or not the case will be heard again?

 

[DaBronxPats14]

Lester Munson?

Doing a Charlie Casserly impersonation. Two doing a vantrilaquist act, they both are Dummies.

 

[QuantumMechanic]

Now that an appeal was officially filed how long does it take to hear whether or not the case will be heard again?

@WallachLegal has said that if they are going to deny it summarily that'll probably happen sometime in June, probably on the early to mid side.

He says that if they are interested, they will likely order the NFL to reply to the petition in that timeframe or shortly thereafter. And then we'd probably hear one way or the other on whether they will grant en banc or not in July.

 

[n6249c]

... The fact that Olson, who as Solicitor General sold GWB to SCOTUS as the legitimate claimant to the Presidency, ....

Keep politics out of it.

That's history, not politics.

 

[RobertWeathers]

That's history, not politics.

The problem with your point was that there was nothing to sell.

You are implying that Olsen needed to do a Sandra Bulloch/Miss Congeniality-style makeover so GWB was anointed as the POTUS by SCOTUS. That is not what happened at all.

 

[JarOfMayo51]

I'll give him the benefit of the doubt and say he is a good agent, but he was out of his league during this whole saga.

This would have been over a while ago if Yee didn't advise Brady to get rid of his phone. That has been the strawman argument used since they got a hold of that

 

[The Gr8est]

This would have been over a while ago if Yee didn't advise Brady to get rid of his phone. That has been the strawman argument used since they got a hold of that

You really believe this would be over if Brady didn't destroy his phone?

It was a red herring that the NFL* threw out there.

If Brady had kept the phone and there was no more evidence on it, the NFL* would just say that lack of evidence on the phone doesn't mean there was no crime, Brady is just smart and was careful to cover his tracks.

 

[JarOfMayo51]

I am curious if adding reputable names to your team also adds credibility in the court's eyes which somehow increases the odds of having an en banc hearing. (I hope that made sense)

Thats how the legal game is played, from the supreme court with guys like Olsen, all the way down to local county courts where lawyers who know the other lawyers and judges can instantly get a crime like DUI or other violations reduced to misdemeanors or a simple fine

 

[JarOfMayo51]

Crazy lady Michell McGuirk is not giving up her craziness:

Screams of a nobody attorney trying to make a name for herself by riding Brady's publicity and fame

They should round all these cretins up and throw them in a deep, dark, damp dungeon like Daenerys' dragons and throw away the key

 

[QuantumMechanic]

Screams of a nobody attorney trying to make a name for herself by riding Brady's publicity and fame

They should round all these cretins up and throw them in a deep, dark, damp dungeon like Daenerys' dragons and throw away the key

I don't think she's an attorney (the only credential she appears to be claiming is a CFA). I think she's just a nutcase. Which is borne out by reading her briefs. Rusty Whatshisname would do a better job.