9/11 Victim Compensation Fund Special Master files pro-NFLPA/Brady Amicus

Patsfanin Philly said:

I envision the judges (Barrington/Chin) calling this the "football case" and asking their clerks for the executive summary. They got it, misstatements and factual errors included and went with it into the hearing.. Then it was, " we need to defer to the arbitrator, write it up. Next case"......
What does it say when I would venture that probably 50 posters on this forum were more knowledgeable in a factual sense of the case than two Federal judges?? Multiple people posted multiple factual errors in the decision nearly immediately. Granted we have more invested in terms of interest and time but still, we expect more from a Federal judge...like factual correctness.....

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Agree. Berman looks so refreshing in comparison since he took the time to get into the nuances of the case even while encouraging the parties (that's you NFL) to settle.

AndyJohnson said:

Brady only has to win on ine point. The best one he has is that the arbiter has not been given the authority to determine new grounds to uphold the disputed penalty.

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The best point Brady has is that he is actually innocent and that (real) science proves his innocence. I know there's a lot of technicalities involved, but in the end it should all come down to the question of whether Brady is actually guilty. Science proves he's innocent, technical questions on whether Goodell had a right to suspend him should be based on that and not on the finer points of the CBA. But what do I know, I'm not a lawyer.

GrogansArmy said:

The best point Brady has is that he is actually innocent and that (real) science proves his innocence. I know there's a lot of technicalities involved, but in the end it should all come down to the question of whether Brady is actually guilty. Science proves he's innocent, technical questions on whether Goodell had a right to suspend him should be based on that and not on the finer points of the CBA. But what do I know, I'm not a lawyer.

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At this point though innocence doesn't matter. And that's actually In Brady's favor because the only person who has the responsibility to decide his innocence or guilt is the only person left in the world stupid enough to think he is guilty.

wrangler said:

It appears to my uneducated eye that the defense of "Deflate Gate" has been, possibly , set up to go SCOTUS, as it will affect millions of Blue Collar workers not just an isolated case (cases) in the NFL*.
I'm not saying from the beginning, but it has evolved so to speak. This is an enormous case.
BTW Chin and Parker have followed the money. jmo.

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It's the elitists taking another shot at working class folks, it's just being represented by an extreme payscale with football players, but this has been status queue for the elite billionaire class

Another case that was aimed to take down the unions was a teacher in California that was being supported by the Koch Brothers to try and change it so that people could opt out of the "Fair Share" union dues

Basically in a union if you're a full member you pay a little over 1% of your salary to the union, but if you choose not to be a full member you still have to pay what is called "fair share", or about 0.66% of your income (I'm sure this percent differs from Union to union). That money basically helps support the negotiations and collective bargaining that takes place in determining the next contract

When the union negotiates for a pay raise, everyone gets that raise including the non-members. If that appeal to the Supreme court would have succeeded and non members didn't have to pay Fair Share, it would have literally crippled all unions across the United States


This is just another example of that playing out, a Labor vs Management struggle of power and it might very likely end up in SCOTUS because the ramifications are far reaching, beyond just footballs and PSI

PatsFanSince74 said:

Well, you're right in that the history of this Court suggests that it's a very long shot that they will even hear it. Even with Katzmann in dissent and Olson on the brief, I have never given it better than a 50-50 chance out here.

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The US Appeals Court for the 2nd Circuit might be skittish about denying en banc. They looked like a bunch of Cheez-Its the last time they bailed out on a highly publicized case.

It denied the broadcasters' en banc request in Aereo (you remember, the best way to watch TV over the internet without paying and/or watching commercials). SCOTUS took up the appeal, overturned the 2nd Circuit and shut down AEREO for infringing on copyrighted work.

Maybe this time the 2nd Circuit cowboys up, grants en banc, and rules for Brady.

goheels22002 said:

The US Appeals Court for the 2nd Circuit might be skittish about denying en banc. They looked like a bunch of Cheez-Its the last time they bailed out on a highly publicized case.

It denied the broadcasters' en banc request in Aereo (you remember, the best way to watch TV over the internet without paying and/or watching commercials). SCOTUS took up the appeal, overturned the 2nd Circuit and shut down AEREO for infringing on copyrighted work.

Maybe this time the 2nd Circuit cowboys up, grants en banc, and rules for Brady.

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Thanks. That's very useful information, of which I was not aware.

JarOfMayo51 said:

When the union negotiates for a pay raise, everyone gets that raise including the non-members. If that appeal to the Supreme court would have succeeded and non members didn't have to pay Fair Share, it would have literally crippled all unions across the United States

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It would only have crippled govt employee unions, which should never have been allowed to exist in the first place. (Alternatively, they can continue to exist but should be forever banned from contributing a single penny to any political campaign whatsoever. "Negotiating" with the people you are bribing is complete BS and a massive conflict of interest on both sides.)

If Scalia hadn't died, the 5-4 decision would have been against the union on First Amendment grounds (as was the previous SCOTUS decision that lead to this case), which would be completely inapplicable to private sector unions.

QuantumMechanic said:

(Alternatively, they can continue to exist but should be forever banned from contributing a single penny to any political campaign whatsoever. "Negotiating" with the people you are bribing is complete BS and a massive conflict of interest on both sides.)

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This happens at all levels of government and private.. corporations funnel hundreds of millions into politicians campaign funds and other back room deals, which are essentially bribes, in order to influence or their interests taken care of

Unions can be totally full of **** sometimes, but so can private companies and government.. its a checks and balance system that needs to be there so that neither side goes off the rails into an extreme area

I am very encouraged by the Feinberg brief. Before it was filed I was very pessimistic, based both on the numbers and on my feeling that the facts and decision were specific to the particular agreement between the players and the NFL.

So the key for any en banc or Supreme Court grant of cert. is that the case have wider consequences than just for the particular parties involved. Up to now, Brady's team has mostly given lip-service to that issue.

What Feinberg suggests is that this case, as it has been now decided, threatens the whole arbitration system. If his belief is felt to be credible (and there is nobody with more credibility on this issue than him), that is certainly something that would make the 2nd Circuit and maybe even the Supreme Court sit up and take notice.

So now I give this a 50:50 shot, and if that fails, there is also a modest shot at the Supreme Court taking a look at the decision.

SVN said:

Brady’s lawyers asked Ken Feinberg to submit a brief

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Well, duh. Florio going for clicks but admits "doesn't make it any less important."

Next story will be about Feinberg's bias as a Mass. native.

SVN said:

Brady’s lawyers asked Ken Feinberg to submit a brief

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Well, duh. Florio going for clicks but admits "doesn't make it any less important."

Next story will be about Feinberg's bias as a Mass. native.

Every time I see a link to a PFT article, I always make the unfortunate choice of reading the comments below.....and wow.

Talk about just pure stupidity and hate from sad, pathetic, uneducated and most likely unemployed morons....

SVN said:

Brady’s lawyers asked Ken Feinberg to submit a brief

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Apparently Florio is unaware that if you ask someone to submit a brief, they can say no.

Todd Bradley said:

Talk about just pure stupidity and hate from sad, pathetic, uneducated and most likely unemployed morons....

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Every post by the haters is just riddled with blatant factual errors, like STILL believing the "they all lost 2 psi" story and STILL insisting that the NFL somehow had every right to seize TB12's phone.

It is truly like watching the arguments of a flat-Earther. It's painful to come to grips with the idea that there are people who are even capable of such utter stupidity. Some of them probably even VOTE.

Palm Beach Pats Fan said:

It is truly like watching the arguments of a flat-Earther. It's painful to come to grips with the idea that there are people who are even capable of such utter stupidity. Some of them probably even VOTE.

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I am betting a great many of them voted in primaries this year based on the results......

neuronet said:

Always thought Brady's guys messed up appeal were completely caught off guard. Hope this isn't too much effort put in way too late.

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How could they have messed up appeal when the Judges chose to focus on things not covered by the appeal?

letekro said:

Well, duh. Florio going for clicks but admits "doesn't make it any less important."

Next story will be about Feinberg's bias as a Mass. native.

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Yes Florio goes for the clicks but let's not be antagonistic towards him in anyway. He is one of the very very few national writers and sports media guys out there who has been asking the right questions throughout deflate gate. Never would've thunk it when this whole thing initially went down.

Let's not rave against the few people who listen to us..

Patsfanin Philly said:

Reading their decision, I'll write what I did then, "he mailed it in". Aside from the factual errors which showed that he ( or more likely his law clerks) didn't delve into the case or pay attention to it, they relied on the tried and true, " if the arbitrator ruled it, it must stand" rather than even consider the arguments....

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For a judge to not study the case before making a decision is inexcusable and if true he should be fired immediately.

Observer said:

For a judge to not study the case before making a decision is inexcusable and if true he should be fired immediately.

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How else can you explain Chin's line of questioning, " overwhelming evidence" when not even Goodell classified it as such and the gross number of factual errors in the decision from the number of times the term deflator was actually used (once in the off season) among others that I don't need to rehash.....??
There were multiple ways he could have overturned Berman's decision yet he opted for the one with the least evidence and the most factual mistakes....
It's rare to read a court decision with factual errors due to the review process and the number of eyes that review something before it is filed with a court (as in the case of a brief) or a decision issued by a judge....The high profile nature of this case makes it more of a headscratcher....