Wallach: Good Chance for re-hearing En Banc

[Hammer of Thor]

I think Doty will be even more inclined to find for Peterson given what happened to Brady yesterday. Imo he will set up a showdown over player rights.

I think it's Doty's decision that is under appeal right now. That is to say - Doty already found for him, it's his decision that is being appealed.

 

[Nunchucks]

American citizens in the workplace should be afforded a set of rights that cannot be bargained away. I have to believe that a certain level of fairness must be enforced by the U.S. courts. This is a case where that fairness must be adjudicated.

 

[ViperGTS]

American citizens in the workplace should be afforded a set of rights that cannot be bargained away. I have to believe that a certain level of fairness must be enforced by the U.S. courts. This is a case where that fairness must be adjudicated.

Basically what the court determined was that an arbiter can lie, cheat, steal or break the law and have no worries about being held accountable. That's the underlying nasty side note.

On a side note, is every ruling looked at by judicial review? I'm not smart on all the ins and outs of the legal system.

 

[SHOWTIME15]

On a side note, is every ruling looked at by judicial review? I'm not smart on all the ins and outs of the legal system.

Judicial review has more to do with the court looking at the constitutionality of an action by the executive or legislative branches. The legislature cannot review a court order and overturn it.

 

[ViperGTS]

Judicial review has more to do with the court looking at the constitutionality of an action by the executive or legislative branches. The legislature cannot review a court order and overturn it.

Gotcha. How bout disbarment procedures for a judge(s) who advocate breaking the law or lying?

 

[SHOWTIME15]

Gotcha. How bout disbarment procedures for a judge(s) who advocate breaking the law or lying?

But what law did goodell violate? He may have lied, but was he under oath? And Judge Parker is merely stating that the CBA rules and that the players have to deal with it.

 

[ViperGTS]

But what law did goodell violate? He may have lied, but was he under oath? And Judge Parker is merely stating that the CBA rules and that the players have to deal with it.

Goodell lied in the appeal hearing. It's well noted. Also the judges again stated that it's okay for an arbiter to lie and/or ignore law (breaking the law in layman terms). So, that's where disbarment is in order. A federal judge advocated breaking the law, or at least implicitly stating the ignoring of such an event. This is a wholly separate issue from the TB issue alone.

Words like that should never, ever be in any opinion written by a legal professional. To have a federal judge(s) state this is something that action needs to be taken of.

 

[XLIX]

I think Doty will be even more inclined to find for Peterson given what happened to Brady yesterday. Imo he will set up a showdown over player rights.

I believe this is the appeal to the Appellate Court, so it is the appeal of Doty's decision.

 

[QuantumMechanic]

Gotcha. How bout disbarment procedures for a judge(s) who advocate breaking the law or lying?

Federal judges serve for life (per the US Constitution) unless impeached by the House and convicted by the Senate.

 

[Ivan]

I believe this is the appeal to the Appellate Court, so it is the appeal of Doty's decision.

My mistake, I heard them referring to Doty on the radio and was thinking it was in front of him.

 

[ViperGTS]

Federal judges serve for life (per the US Constitution) unless impeached by the House and convicted by the Senate.

Well there you go. Advocating breaking the law or at least being apathetic to it should be grounds for impeachment. There has to be some rep that would start this. Can't have federal judges staying breaking the law or lying is okay. That just can't fly.

 

[JoeSixPat]

It isn't sports that's at stake here. It's arbitration law.

Agreed. As part of the management equation for my company, it's incomprehensible to me that the NFL would just ignore certain aspects of the existing CBA - not to mention just blatantly violating the law of shop in giving fair notice about policies and punishments

Although I know the NFL's CBA is different from most, seems to me there's a clear message from the 2nd circuit here: It's "optional" for management to follow a CBA - they're just guidelines and there is no adverse consequence for the NFL's failure to follow the CBA in this case

 

[ViperGTS]

Agreed. As part of the management equation for my company, it's incomprehensible to me that the NFL would just ignore certain aspects of the existing CBA - not to mention just blatantly violating the law of shop in giving fair notice about policies and punishments

Although I know the NFL's CBA is different from most, seems to me there's a clear message from the 2nd circuit here: It's "optional" for management to follow a CBA - they're just guidelines and there is no adverse consequence for the NFL's failure to follow the CBA in this case

Which is why I called for disbarment. It's more impeachment by Congress and the Senate. They were way out of line and their opinion needs to be thrown out.

 

[SHOWTIME15]

I've been doing some research. Last time the 2nd circuit heard a case en banc was U.S v Ganias in 2015, where Judge Chin wrote the majority opinion in a 2-1 case. Judge Hall dissented. One of the judges on the court asked for a poll to see if a majority of active judges wanted to hear the case en banc. A majority agreed and a sua sponte order was issued. oral arguments were held in Sept 2015. An en banc ruling has not been issued in this matter. The case has to do with retaining electronic records not covered by the original warrant.

 

[FreeTedWilliams]

The problem for Brady here is that they are fighting the wrong battle. Granted it may be their only (legal) recourse, but fighting against Goodell's powers as they are in the CBA is a loser argument. Somehow they have to find a way to get the facts of the actual alledged offense into a courtroom. There the NFL's case would crumble instantly! Imagine Wells getting cross examined and Exponent research getting debumked by a 7th grader from Lynn!

 

[JMC00]

The problem for Brady here is that they are fighting the wrong battle. Granted it may be their only (legal) recourse, but fighting against Goodell's powers as they are in the CBA is a loser argument. Somehow they have to find a way to get the facts of the actual alledged offense into a courtroom. There the NFL's case would crumble instantly! Imagine Wells getting cross examined and Exponent research getting debumked by a 7th grader from Lynn!

Except 2 judges (1 of them being a chief judge) have sided with Brady so it's clearly not a "loser argument"

 

[ensoul]

The quicker people on here accept Brady is suspended the better
Appealing to the second circuit wont work and the odds supreme court taking the case is almost nil.

Goodell won and and Brady lost. It's time time move on.

 

[JMC00]

The quicker people on here accept Brady is suspended the better
Appealing to the second circuit wont work and the odds supreme court taking the case is almost nil.

Goodell won and and Brady lost. It's time time move on.

In case you haven't been paying attention from under your bridge, it's 2-2. 4 federal judges being split on this and the 1 dissenter was the chief judge who wrote a strongly worded dissension. Has a lot better chance than most cases.

 

[JetFan79]

In case you haven't been paying attention from under your bridge, it's 2-2. 4 federal judges being split on this and the 1 dissenter was the chief judge who wrote a strongly worded dissension. Has a lot better chance than most cases.

The 5 Stages of Loss & Grief

The five stages of grief:

1. Denial and Isolation
2. Anger
3. Bargaining
4. Depression
5. Acceptance

It's ok JMC00. It's not your fault.

Think it's time to move beyond stage #1 (denial).

It's not your fault. Let it out. I'm here for ya. I volunteer as a target for stage #2 (anger). Take out your anger on me. It's not healthy to keep it bottled up.

Remember... it's not your fault.

 

[PatsFanSince74]

I am not sure how Brady would qualify under (1) or (2) above. You could argue that this is a case is of "exceptional importance," but some of the judges may think that this is just about deflated footballs.

When is the Appeals ruling expected in the Petersen case?

If the Eighth Circuit finds for Petersen, then there would be a Circuit Split. A Circuit Split would probably qualify as a matter of "exceptional importance," since the case then has a higher likelihood of being accepted by SCOTUS. The entire court might want to have a say before that occurred, especially with the Chief Judge in strong Dissent.

It's my understanding that Brady has 14 days from Monday to make his move.