NFL files its opening brief in Deflategate appeal.

[YOUGOTMOSSED]

This is the stuff that kills me. You just can't tell which side is going to win. What happens if TB loses this round? Will NFLPA appeal again?

The SCOTUS would hear the appeal. If Brady wins this round (and he most likely will), it's unlikely that the SCOTUS will grant cert. (short for "Certiorari" meaning permission to hear the appeal). If Brady loses on appeal, there's a much better chance that the SCOTUS will grant cert. since we're talking about a reversal of a district court judge's decision.

IMO, the NFL did not show any "clear error" by Judge Berman (basically meaning he got the facts of the case wrong) nor any legal basis for a "De novo" review (basically meaning that he got the law wrong). I think Brady's in good shape appeals wise but of course, in life, there are no guarantees.

I hope this helps.

 

[Deus Irae]

The SCOTUS would hear the appeal. If Brady wins this round (and he most likely will), it's unlikely that the SCOTUS will grant cert. (short for "Certiorari" meaning permission to hear the appeal). If Brady loses on appeal, there's a much better chance that the SCOTUS will grant cert. since we're talking about a reversal of a district court judge's decision.

IMO, the NFL did not show any "clear error" by Judge Berman (basically meaning he got the facts of the case wrong) nor any legal basis for a "De novo" review (basically meaning that he got the law wrong). I think Brady's in good shape appeals wise but of course, in life, there are no guarantees.

I hope this helps.

Whichever side loses this round (Hello, NYFL!), the next step will likely be a request for an en banc hearing, still in the 2nd circuit.

 

[BradyFTW!]

Article 46 has never been an issue until now because of Goodell. Making ridiculous claims like you are is disingenuous. Kraft NEVER insisted that Goodell had to have this unchecked power during the previous negotiations.

And I clearly never claimed otherwise- you should probably try comprehending posts before accusing others of making disingenuous, ridiculous claims. Reading comprehension is always important, but doubly so when you're constantly attacking people.

What I did say is that the players attempted to have this very issue addressed in the 2011 CBA negotiations. Unfortunately, they had little leverage, and the owners made it very clear that Goodell's unchecked authority on player discipline was non-negotiable. Kraft is not just an owner, but the owner who was universally recognized at the conclusion of that negotiation as the driving force behind getting the deal done. And he was on the side that utterly refused to compromise on Goodell's authority in issuing punishments.

 

[moejr]

The SCOTUS would hear the appeal. If Brady wins this round (and he most likely will), it's unlikely that the SCOTUS will grant cert. (short for "Certiorari" meaning permission to hear the appeal). If Brady loses on appeal, there's a much better chance that the SCOTUS will grant cert. since we're talking about a reversal of a district court judge's decision.

IMO, the NFL did not show any "clear error" by Judge Berman (basically meaning he got the facts of the case wrong) nor any legal basis for a "De novo" review (basically meaning that he got the law wrong). I think Brady's in good shape appeals wise but of course, in life, there are no guarantees.

I hope this helps.

Thanks. Just want this damn crap over with.

 

[TheBostonStraggler]

Thanks. Just want this damn crap over with.

I don't. The NFL/Goodell deserve karma for their actions. So does Indy and Harbaugh but they currently appear to be the recipients of bad karma (side notes: [1]Pitt's Tomlin is in the process of maybe getting his too. [2] ESPN is in the process of getting theirs as subscriber fee tallies are going down as providers are unbundling ESPN as well as cord cutting).

That leaves Goodell the deserving recipient of karma (with a special note in the back of the mind for scumbag Wells and that slime professor at Yale). IMHO the longer this court thing goes on the better chance Goodell might find his day of reckoning. Put another way, if the NFL drops the legal process, scumbag Goodell can then go back to acting pompous because of gaudy NFL viewership -- nearly anyone can deliver numbers because of the great sport football is -- that causes the MSM information outlets to suck up to him.
IMHO their is little chance this is overturned or Brady serves a suspension. IMHO no matter what the judges say, TB missing a game because of this is near zero. On the flip side the longer it goes the better something comes out to give karma to Goodell as well as good chance the NFL ownership cabal gets one of its legs chopped off. Personally I'd love for this to go to SCOTUS. Except for ESPN and a couple of low thinkers like Ray Lewis or Chris Collinsworth, just about every other outlet had already trended toward questioning the whole proclamation of Brady being guilty.

 

[YOUGOTMOSSED]

Whichever side loses this round (Hello, NYFL!), the next step will likely be a request for an en banc hearing, still in the 2nd circuit.

AKA the "full court press"

 

[libra957]

“and it was devised to avoid detection by game officials" The NFL is going full ludicrous mode.

 

[Koma]

“and it was devised to avoid detection by game officials" The NFL is going full ludicrous mode.

At the same time, the league claims it was well known that is illegal deflation was taking place and had been for years. So, it was done secretly, but everyone knew about it.

 

[XLIX]

This is about more than Brady versus the NFL. This is something that is now going to impact all 4 major pro sports one way or the other. If the NFL's appeal gets shot down, then whatever the court says pretty much becomes the "law of the land" for any filings in that same district - the district which all 4 major sports happened to be headquartered.

I don't know if Appeals Courts accept amicus briefs, but if I was running the MLBPA, NBAPA or NHLPA, I would sure as heck be tempted to file one.

 

[Patsfanin Philly]

At the same time, the league claims it was well known that is illegal deflation was taking place and had been for years. So, it was done secretly, but everyone knew about it.

If it were true, then why didn't the league do anything about it?

 

[Patsfanin Philly]

This is about more than Brady versus the NFL. This is something that is now going to impact all 4 major pro sports one way or the other. If the NFL's appeal gets shot down, then whatever the court says pretty much becomes the "law of the land" for any filings in that same district - the district which all 4 major sports happened to be headquartered.

I don't know if Appeals Courts accept amicus briefs, but if I was running the MLBPA, NBAPA or NHLPA, I would sure as heck be tempted to file one.

The difference is those leagues Use independent arbitrators and from a PR point of view, they may want to stay away from the issue.