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Dont worry....Hillary has them
Hey, Hillary probably had the only server with government email on it that hasn't been hacked. (Simply because the Chinese didn't know it was there).
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CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.Dont worry....Hillary has them
Yes...
Berman's made it pretty clear that he at least has arguments for all 3 you point to.
...the law of the Second Circuit, under which a court “may only find evident partiality sufficient to vacate an award when a reasonable person, considering all of the circumstances, would have to conclude the arbitrator was partial to one side.” Ometto, 2013 WL 174259 at *4 (internal quotation marks omitted) (emphasis in the original). The court noted that under the Second Circuit standard “the arbitrator is quite unlike a judge, who can be disqualified in any proceeding in which his impartiality might be reasonably questioned.”
Good read.
Is it 'reasonable impression' or is it 'reasonable person would have to conclude'? Is there any great difference to these standards?
This, IMHO, goes back to Quantum Mechanic's comment about, essentially, gray area of wording. I mean do we think judges impressions of what a "reasonable person's" impression is will be the same from judge to judge? But when it comes down to it, wouldn't (or at least shouldn't) any reasonable person conclude the arbitrator was biased? Then again, does the CBA allow that?
I friggin headache now....
The CBA allows the commissioner to be arbitrator. It doesn't grant him the right to arbitrate in a way that violates federal law.
Thanks for the clarity. I am not versed in law enough to know w t f is going on. However, I thought the NFL's argument was, basically, 'it doesn't matter what our bias is or was. We get to decide how we see it'. Essentially an argument that says this CBA article allows me to make any damn decision I want.
You have a great point....sadly.Hey, Hillary probably had the only server with government email on it that hasn't been hacked. (Simply because the Chinese didn't know it was there).