Wetzel: Goodell, NFL could win ruling yet still lose (plus, we get mentioned!)

[SVN]

http://sports.yahoo.com/news/roger-...ate-gate-ruling-yet-still-lose-010959640.html

While NFLPA attorney Jeffrey Kessler has presented four separate arguments to Berman suggesting Goodell strayed from the process spelled out in the CBA, the NFL still has the Garvey decision behind it. Even if Berman initially sides with Brady, the NFL would be favored if the case goes to the Second Circuit Court of Appeals, which is just around the corner here.

So the NFL is still the most likely party to win, eventually

 

[IcyPatriot]

I'm thinking there will be more owner pressure for him to drop it if tomorrow goes against them.

Cooler heads will prevail and a more fair system of justice will be discussed.

 

[Patsfanin Philly]

.
In the month since the case went before Berman, the judge has put the league's attention to fairness under a bright spotlight. He released the full transcripts to all hearings, including Brady's appeal, which the NFL sought to seal, exposing numerous problems and mischaracterizations. He's questioned the league's motives. He's cracked jokes about its procedures. He's played along with Kessler's colorful rants that play well in the media. He's practically been a PatsFans.com message board poster in a black robe.

[/quote]

Can you imagine if he lurked here and read the postings?

 

[Rob0729]

But attorneys like Steph Stradley have said people misunderstand Garvey vs MLB in regards to this case. The Supreme Court determined that MLB had a fair process to come up with their silly decsion. So the process was sound, but the ruling was ridiculous. Brady and the NFLPA are attacking the process which the Garvey vs. MLB actually could support Brady and the NFLPA rather than the NFL.

 

[Ross12]

LMFAO. He actually referenced our board!!! We are now all officially famous

 

[Rob0729]

Can you imagine if he lurked here and read the postings?

Lurking?!? He is DIKEMBE MOTUMBO. The truth has been exposed.

 

[JMC00]

Here we go again with someone citing the Garvey case and clearly not reading into that case at all.

 

[Patsfanin Philly]

But attorneys like Steph Stradley have said people misunderstand Garvey vs MLB in regards to this case. The Supreme Court determined that MLB had a fair process to come up with their silly decsion. So the process was sound, but the ruling was ridiculous. Brady and the NFLPA are attacking the process which the Garvey vs. MLB actually could support Brady and the NFLPA rather than the NFL.

I was at a birthday lunch today with three attorneys who were all long term litigators. One who practiced labor law said courts almost always uphold arbitration awards BUT those involve neutral arbitrators which isn't the case here. I asked if a judge rips your case apart, does it mean he will rule for you or against you ( as some have postulated here). They laughed and said if a judge rips you apart, it means he thinks your case is sh@t.
Food for thought that " don't mean nothing"

 

[Rob0729]

I was at a birthday lunch today with three attorneys who were all long term litigators. One who practiced labor law said courts almost always uphold arbitration awards BUT those involve neutral arbitrators which isn't the case here. I asked if a judge rips your case apart, does it mean he will rule for you or against you ( as some have postulated here). They laughed and said if a judge rips you apart, it means he thinks your case is sh@t.
Food for thought that " don't mean nothing"

And let's not forget that the NFL has lost the last four arbitration cases that went to court. People keep on saying that judges rarely overturn arbitration cases under collective bargaining agreements, but they are rarely NOT OVERTURNED when the NFL is involved.

 

[farn]

I dunno what Judge Berman will do, but he's been fun. He might be talking up settlement a tad more than I'd like, but I suppose that is the reasonable thing to suggest given the case and his position. But he's been fun in the sense he's aired the laundry. To allow the craziness to be public has actually turned some heads, something I thought was impossible. The true haters will stick to hating, but thanks to Berman, clearer minds have started to speak out and the League Office's incompetence is there for all to see.

As much as I am hoping for good news re Brady, I continue to feel our fanbase is still losing : that first round pick being taken away will never sit well.

 

[Gronkowski123]

berman points out all of the nfl's flaws then rules for them? sounds insane..

 

[raduray]

berman points out all of the nfl's flaws then rules for them? sounds insane..

Well, they do say that the law is an ass. We'll find out soon.

 

[XLIX]

Can you imagine if he lurked here and read the postings?

The fact that he specifically mentioned this forum tells me there's a good chance he does.

This is a good place to go for news on the subject. Instead of searching various sports media outlets, I know that if anything happens, there will be a thread started on it almost immediately.

 

[BradyFTW!]

It's funny watching the goalposts move so predictably.

First the Wells report was flawless and Brady would be afraid to challenge it, then maybe he would hcallenge it but he would never go to court. Then Judge Berman was definitely going to rule for the NFL. Now the appeals court definitely will.

We're about 2 more iterations from 'everyone' agreeing that the Supreme Court will rule against Goodell, but it's all fine because god himself will descend from heaven and punish Brady.

 

[aluminum seats]

As much as I am hoping for good news re Brady, I continue to feel our fanbase is still losing : that first round pick being taken away will never sit well.

I know, that kills me too.

 

[Bombdog]

I just want this sh** to end tomorrow. I hope Judge Berman kicks Goodell right in the family jewels and lets Tom get back to doing what he does so well winning. Although nothing has gone right so far and I have a bad feeling the ****s from NY will get a favorable ruling

 

[Danger Zone]

[EDIT: I see someone has made a Thread with the following Tweets by Wallach]

A little confusing to read as Wallach is quoting himself in these Tweets (Ive prefaced him quoting himself with a dash and edited out his name and Twitter handle in the quote).

Here are his thoughts on the Garvey precedent.

Daniel Wallach @WALLACHLEGAL
Reason #1 why Garvey vs. MLB case will not handcuff Judge Berman in Brady case: twitter.com/wallachlegal/s…
- Garvey distiguishable from Brady: lacked "evident partiality" & unfair process claims, and judge vacated bc he "disagreed" with arb findings


Daniel Wallach @WALLACHLEGAL
Reason #2 why Garvey case is not an obstacle to Berman siding with Brady on "process" and fundamental fairness: twitter.com/wallachlegal/s…
- Garvey case does not handcuff J. Berman: there, court resolved "merits of the parties' dispute on basis of its OWN factual determinations"


Daniel Wallach @WALLACHLEGAL
Reason #3 why Garvey decision is overblown in Brady context: twitter.com/wallachlegal/s…
- Garvey judge also "usurped the arbitrators' role by resolving dispute & barring further [arbitration] proceedings." Berman smarter than that


Daniel Wallach @WALLACHLEGAL
When pointing to Garvey as presaging NFL win in Brady, it is important to read whole opinion and not just look to bottom-line result

 

[shmessy]

".....In the month since the case went before Berman, the judge has put the league's attention to fairness under a bright spotlight. He released the full transcripts to all hearings, including Brady's appeal, which the NFL sought to seal, exposing numerous problems and mischaracterizations. He's questioned the league's motives. He's cracked jokes about its procedures. He's played along with Kessler's colorful rants that play well in the media. He's practically been a PatsFans.com message board poster in a black robe......"

Dan, we don't wear robes when we post!

 

[patfanken]

But attorneys like Steph Stradley have said people misunderstand Garvey vs MLB in regards to this case. The Supreme Court determined that MLB had a fair process to come up with their silly decsion. So the process was sound, but the ruling was ridiculous. Brady and the NFLPA are attacking the process which the Garvey vs. MLB actually could support Brady and the NFLPA rather than the NFL.

BINGO, we have BINGO.

That's right on the mark, Rob, and deserves to be repeated. The Garvey precedent can be easily be overcome by the overwhelming evidence that the NFL deliberately acted unfairly, and unethically in this matter. As silly as the MLB case decision was, the process wasn't rigged. In this case, the entire process was rigged and Berman has already acknowledged this.

Of course, Judgex rule strangely all the time, so anything is possible, but if Berman plans to us Garvey as a reason to rule for the league on Garvey, he's going to have make a giant stretch to do it. And everything we've seen from him would lead us to believe he ISN'T ready to make that leap. Rather than present reasoned arguments to counter Kessler, it seems all the NFL can do now. is try and intimidate Berman with the threat of an appeal.

BTW- now that I have your attention, Rob let me offer run this by you (and others). Curran's article really cements the reality that nothing happened at the AFCCG. Bu tmore critically, it also makes it clear that Welles and Pash deliberately hid exculpatory evidence in order to make a fraudulent case against Brady and the Pats. They would have had to know well in advance of the publication of the report. that nothing really happened and went through with their prosecution anyway . Now I don't know if that reaches the level of criminality. but it certainly must crash through some ethical barriers that bar associations may deem worthy of their oversight.

I know for certain, if a DA hid exculpatory evidence like Pash and Welles, at best he'd be fired and lose his license to practice law. At worst he might face criminal charges. But I know this is a civil issue and I guess lawyers are supposed to cheat, lie, and manipulate the facts in their client's favor. Even still, there ARE rules of conduct that even lawyers are supposed to abide by. Knowing that neither Brady or the Pats did anything wrong before they presented the report, and then manipulating that evidence to best support a narrative the league office had taken, seems to me to be actionable.. Am I just a nut who wants revenge or did these lawyers have crossed the line.

.

 

[QuantumMechanic]

We do NOT need to see pix of Jets fan George R.R. Martin, for the love of God!