8/14: NFLPA's latest submission is in

[patsfan06]

When writing a brief, you typically go with Supreme Court cases then Circuit Court (district court cases are generally of value only if (1) the particular judge issued a decision or (2) there is nothing else). If the highest court has answered the question, then it is "game over" on the legal argument.

The "essence of the collective bargaining agreement" phrase begs the question what has that particular phrase been defined to mean? These briefs are not lengthy, so I expect the brief writer did not want to get too far into the weeds if the argument is not exceedingly helpful to the cause.

If the argument is foreclosed by precedent (frivolous), then it is unethical to file the brief. Here, the NFL appears to be arguing broad-stroke Supreme Court precedent require the district court to confirm the award.

I was wondering this, so I asked.

Looks like we may have found the dagger needed to kill the NFL, obviously unless there is some supreme court case that overrules said punishing outside the "essence of the cba" precedent.

 

[Pats2000]

I was wondering this, so I asked.

Looks like we may have found the dagger needed to kill the NFL, obviously unless there is some supreme court case that overrules said punishing outside the "essence of the cba" precedent.

Someone should tweet that to Kessler, just in case.

 

[SVN]

Someone should tweet that to Kessler, just in case.

notsure he has twitter and such

 

[raduray]

raduray ‏@raduray 16m16 minutes ago
@WALLACHLEGAL Is this in the NFLPA filing?
Daniel Wallach ‏@WALLACHLEGAL 6m6 minutes agoHallandale Beach, FL
@raduray surprisingly no

Dont know how huge of a miss this is.

I followed up with @WALLACHLEGAL to ask if Kessel was precluded from bringing this up during Wednesday session if it wasn't in the filing, but did not get an answer. I suspect he can, but IANAL so not sure. Anyone here know?

 

[edzo44]

Never thought I would see the day I'd spend time on a beautiful Sunday reading a lengthy legal brief and end up grinning from ear to ear after I finished it!!! Awesome job by Brady's law team.

 

[Bruins29]

I would feel a lot better if TB was cleared because they showed that there was no cheating due to the IGL and even better if they could show a sting operation that in play.

Getting cleared on a technicality while great dosent really solver the bigger problem.

 

[Hoodie]

Someone should tweet that to Kessler, just in case.

They may not have twitter but I'm sure the office has email. Of course I'm also sure the already know it.

 

[JoeSixPat]

Know nothing about law here, so my question: What is the absolute worst Berman could do to the NFL/Goodell besides vacating everything?

If he publicly and righteously illusrated just how far from fairness and justice Goodell's kangaroo court was he could potentially shame Goodell and the owners into not appealing

This is a loser of a case - they're using a big "nothing" on which to gamble all of their powers on

The Judge does the entire Judicial system a favor if he tells Goodell "no more" of these charade investigations and penalties, all of which are sure to be appealed into HIS courts in the future

It just seems to me that Berman is taking a liberal approach to trying to resolve the entire situation rather than focus on simple procedure

 

[MassPats38]

I followed up with @WALLACHLEGAL to ask if Kessel was precluded from bringing this up during Wednesday session if it wasn't in the filing, but did not get an answer. I suspect he can, but IANAL so not sure. Anyone here know?

District court decisions are persuasive (nice to know) authority while circuit (in this case 2nd Circuit) and Supreme Court (always) are binding if on point.

If the question is does the absence of citations to Second Circuit authority spell doom, my answer would be no as an attorney can always go with the Supreme Court decisions, which represent the highest authority. I have seen plenty of appellate briefs which employ this approach. The briefs here are relatively short, and the NFL appears to be arguing the Supreme Court precedent as a general matter shuts down the NFLPA arguments. Remember, it would prefer the court not look at the details. The NFLPA wants that review. Responding with what may be fact-specific Second Circuit cases (rather than a concrete rule of law) invites a fact-specific discussion. The NFL wants the blind "rubber stamp" review that simply accepts that everything that transpired is within the parameters of arbitration.

The attorneys for both sides are competent. I believe both sides ordered the arguments in their briefs from strongest to weakest (in their own petitions and memoranda - not the opposition briefs).

 

[QuantumMechanic]

Wallach expounded more on his point:

http://sports-law.blogspot.com/2015/08/lowering-bar-on-bradys-no-notice.html

 

[tuckeverlasting]

Know nothing about law here, so my question: What is the absolute worst Berman could do to the NFL/Goodell besides vacating everything?

Pull a gun out from under his robe and kill all of them???

that's the absolute worst or the absolute best ?

 

[SVN]

Alan Milstein ‏@amilst44 32m32 minutes ago
Judge Berman ordered just lawyers need appear on the 19th. This means he will hear argument and make a decision before the season starts.

 

[ctpatsfan77]

Alan Milstein ‏@amilst44 32m32 minutes ago
Judge Berman ordered just lawyers need appear on the 19th. This means he will hear argument and make a decision before the season starts.

Well, the NFL has shown it is effectively unwilling to negotiate, while Brady has shown he's unwilling to accept a suspension in the absence of hard evidence he did anything wrong.

 

[QuantumMechanic]

This doesn't preclude a settlement. I know that in jury trials the parties can settle as late as while the jury is deliberating (and maybe even right up to the time the judge announces the verdict). So I'd imagine a settlement could happen anytime up to the moment before Berman releases his decision.

Not saying it's likely, mind you, but this order from Berman does not mean it can't happen.

 

[Ring 6]

This doesn't preclude a settlement. I know that in jury trials the parties can settle as late as while the jury is deliberating (and maybe even right up to the time the judge announces the verdict). So I'd imagine a settlement could happen anytime up to the moment before Berman releases his decision.

Not saying it's likely, mind you, but this order from Berman does not mean it can't happen.

Steph Stradley's blog has a case story in it that speaks to this.
Employees were suing for racially motivated wrongful firing.
Employer felt they did nothing wrong, and refused to settle.
Jury went out, and asked the judge one question from deliberations, and then the parties settled for more than what the plaintiffs were asking for.

The question: What is the company's net worth?

 

[SVN]

Marc Edelman ‏@MarcEdelman Aug 14
With each passing moment, Ted Wells's deflategate report reminds me more of George Mitchell's steroid report. That is not a compliment.

 

[karguy85]

Is it just me or does the second tweet seem to be Mara distancing himself (and the other owners) from Goodell? Looks like he is hanging Roger out to dry (not that I have anything against that).

Ralph Vacchiano ‏@RVacchianoNYDN 11m11 minutes ago
John Mara on @WFAN660 on DeflateGate: "I just want it to be over with one way or the other. We're all tired of hearing about it."

Ralph Vacchiano ‏@RVacchianoNYDN 10m10 minutes ago
John Mara said it's not accurate that owners have put pressure on Roger Goodell to "hold the fort" on the Brady suspension (@WFAN660).

 

[TommyD4207]

Is it just me or does the second tweet seem to be Mara distancing himself (and the other owners) from Goodell? Looks like he is hanging Roger out to dry (not that I have anything against that).

Ralph Vacchiano ‏@RVacchianoNYDN 11m11 minutes ago
John Mara on @WFAN660 on DeflateGate: "I just want it to be over with one way or the other. We're all tired of hearing about it."

Ralph Vacchiano ‏@RVacchianoNYDN 10m10 minutes ago
John Mara said it's not accurate that owners have put pressure on Roger Goodell to "hold the fort" on the Brady suspension (@WFAN660).

John Mara is a ****ing liar.

It's partially HIS FAULT this thing has gone as far as it has. He came out and supported Goodell's findings for ****'s sake.

**** you, John Mara. You made Woody Johnson the 2nd-worst owner in new Jersey.

 

[Rusty Coupe]

John Mara on @WFAN660 on DeflateGate: "I just want it to be over with one way or the other. We're all tired of hearing about it.

translation: I know it's just a witch hunt that has nothing to do with the intergrity* of the game, and now I'm bored with it.

 

[RobertWeathers]

John Mara is a ****ing liar.

It's partially HIS FAULT this thing has gone as far as it has. He came out and supported Goodell's findings for ****'s sake.

**** you, John Mara. You made Woody Johnson the 2nd-worst owner in new Jersey.

The apple fell very far from the tree.