NFLPA files motion to vacate

[raduray]

Daniel Wallach ?@WALLACHLEGAL 3m3 minutes ago
Brady special: NFL is "collaterally estopped" from contesting notice arguments raised by NFLPA by virtue of Adrian Peterson decision. Wow!

What does this mean?

 

[Rob0729]

Wallach hasn't really gone into detail of the NFL's argument,. But from the arguments that he is pointing out from the NFLPA side, they better have stepped up their game.

 

[Brady2Moss]

Patsfans right now

 

[Rob0729]

Can anyone explain this to us non-lawyers

out of my element here as a medical student (I did my part during the IGL part of this fiasco )

Not a lawyer, but Judge Doty is the one who ruled on the Rice case and made this decision. Have no clue what the argument means though.

 

[rexxar]

Focusing my inner Volin..

A doctrine by which an earlier decision rendered by a court in a lawsuit between parties is conclusive as to the issues orcontroverted points so that they cannot be relitigated in subsequent proceedings involving the same parties.

 

[Brady2Moss]

Not a lawyer, but Judge Doty is the one who ruled on the Rice case and made this decision. Have no clue what the argument means though.

Possibly could have something to do with the fact that the NFL filed suit? Either way sounds good for us.

 

[Mack Herron]

I like this. Brady's going all-in. I feel like Berman is on his side, enough to at least vacate the punishment and send it to a truly neutral arbiter, but perhaps he will even vacate it altogether.

Even if Brady loses and Berman simply gives Goodell a stern talking-to, I'll be okay with it. Brady did what he could, and Goodell's reputation is already starting to be destroyed. I think he's fired by next offseason.

If NFL wins I don't see him being fired. That decision would affirm the power of the league vs. the players. 31 owners are pulling for Goodell. Even if NFLPA wins, I expect Goodell to stay. But a decision for NFL PA is necessary if there is any chance at all.

 

[AllstonPatsFan]

Daniel Wallach ?@WALLACHLEGAL 3m3 minutes ago
Brady special: NFL is "collaterally estopped" from contesting notice arguments raised by NFLPA by virtue of Adrian Peterson decision. Wow!

What does this mean?

Collateral estoppel basically means the NFL can't relitigate an issue that has already been decided. Bradys lawyers are saying the NFL litigated the notice issue and must abide by the decision. Collateral estoppel is usually very narrow. Not sure if this will be the argument that wins but very interesting.

 

[Rob0729]

Can anyone explain this to us non-lawyers

out of my element here as a medical student (I did my part during the IGL part of this fiasco )

Ok, I just looked it up. I guess it means that Judge Doty in the Peterson decision already gave a ruling that the NFL could not punish a player without giving proper notice of the punishment before they commit the crime. Under collateral estoppage, that means that the Peterson decision on this point would carry over to the Brady case and the NFL cannot contest it. Since both the NFLPA and NFL are opposite sides of the table in both cases, the NFLPA can claim it. Not sure the Judge will buy it though especially with the Peterson case under appeal.

Anyone one with a legal background can confirm or correct my explanation.

 

[karguy85]

Ok, I just looked it up. I guess it means that Judge Doty in the Rice decision already gave a ruling that the NFL could not punish a player without giving proper notice of the punishment before they commit the crime. Under collateral estoppage, that means that the Rice decision on this point would carry over to the Brady case and the NFL cannot contest it. Since both the NFLPA and NFL are opposite sides of the table in both cases, the NFLPA can claim it.

Anyone one with a legal background can confirm or correct my explanation.

You got it (besides misspelling estoppel)

 

[AllstonPatsFan]

Ok, I just looked it up. I guess it means that Judge Doty in the Rice decision already gave a ruling that the NFL could not punish a player without giving proper notice of the punishment before they commit the crime. Under collateral estoppage, that means that the Rice decision on this point would carry over to the Brady case and the NFL cannot contest it. Since both the NFLPA and NFL are opposite sides of the table in both cases, the NFLPA can claim it. Not sure the Judge will buy it though.

Anyone one with a legal background can confirm or correct my explanation.

I think the Peterson case also applies since it was NFL v NFLPA.

 

[Hoodie]

brady must win..the country already thinks brady's a cheat.
the new thing will be " oh, now even a federal judge thinks brady's guilty " even though this is simply about the process/cba. i'll just avoid the media all together if tom fails.

better luck in the circuit courts legal experts???

If Brady does win, they'll just say it was due to a technicality. You can't win these people. He has to win because it's right and it's fair, who cares what the haters say.

 

[Rob0729]

You got it (besides misspelling estoppel)

And calling it the Ray Rice case instead of the Adrian Peterson case (which I just fixed).

 

[Rob0729]

I think the Peterson case also applies since it was NFL v NFLPA.

It was my bad. I put the Rice case, but it is the Peterson case though.

But will the fact that the Peterson case is under appeal mean anything?

 

[Ross12]

So my understanding is, the NFL can't fight the "you have to give proper notice" argument, because they've already lost that battle in litigation against the same party (NFLPA).

 

[eom]

I wonder if Goodell has just hung himself.

Is it possible that Pash has seen this an opportunity to get Goodell removed so that he can take his place?

I have been thinking a lot about that kind of sabotage, but in regards to vincent.
the problem is, if this nonsense was enough to eliminate goodell I think it would leave an equal stench on all involved

 

[eom]

Anyone have access to the full submissions?

http://timinhonolulu.com/2015/08/07...ts-qb-brady-case-filed-friday-aug-7-in-ny-ap/

 

[karguy85]

I hate that my old firm is representing the NFL

 

[Patriot Missile]

And what do they do after getting their asses handed to them by the Peterson decision?

The same thing. Don't give any notice again of any type of possible discipline. 44 million dollar idiot.

 

[Rob0729]

So my understanding is, the NFL can't fight the "you have to give proper notice" argument, because they've already lost that battle in litigation against the same party (NFLPA).

That is my understanding.

BTW, I don't know if you know this, but you are a celebrity. You made it to Stephanie Stradley's Twitter feed:

!!!!GAAAAAAAAHAHAHAHAHAHA!!!! RT @Akylle: @StephStradley @sallyjenx y'all have really weird fans.

https://twitter.com/StephStradley/status/629670856847835136