NFL appeal timeline

[QuantumMechanic]

According to Dan Wallach (@WALLACHLEGAL), the NFL has until this Friday to ask for an expedited appeal. If they don't ask, the default schedule goes into effect, which is:

1. Initial NFL brief - 28 Oct
2. NFLPA answer brief - 27 Nov
3. NFL reply brief - 11 Dec

Then sometime after that oral arguments would be scheduled, after which the CA2 panel would release its decision when it felt like it. The actual deadline for step (2) is no later than 91 days after the initial brief is filed and defaults to 30 (hence 27 Nov). I have no idea how likely the court would be to grant, say, a 90-day deadline which would guarantee the appeal would not be decided until after the postseason.

Also, on 17 Sep the NFL must file a "Civil Appeal Pre-Argument Statement" where they have to provide "a list of the issues raised on appeal and the applicable standard of review for each proposed issue".

 

[TommyD4207]

According to Dan Wallach (@WALLACHLEGAL), the NFL has until this Friday to ask for an expedited appeal. If they don't ask, the default schedule goes into effect, which is:

1. Initial NFL brief - 28 Oct
2. NFLPA answer brief - 27 Nov
3. NFL reply brief - 11 Dec

Then sometime after that oral arguments would be scheduled, after which the CA2 panel would release its decision when it felt like it. The actual deadline for step (2) is no later than 91 days after the initial brief is filed and defaults to 30 (hence 27 Nov). I have no idea how likely the court would be to grant, say, a 90-day deadline which would guarantee the appeal would not be decided until after the postseason.

Also, on 17 Sep the NFL must file a "Civil Appeal Pre-Argument Statement" where they have to provide "a list of the issues raised on appeal and the applicable standard of review for each proposed issue".

They won't file for an expedited appeal.

I still don't think they're actually going to fully file the appeal at all. Sept. 17th will be an important date as far as this is concerned.

If they don't file, it's over. And there's a game that night, so it likely won't be reported.

Thank you for this timetable though.

 

[memento]

What's the latest on the NFL's contempt charges? It didn't seem Goodell would get hit with anything, but I've been wondering about it since Doty's backhanded defense of the commissioner.

 

[PatsFanSince74]

They won't file for an expedited appeal.

I still don't think they're actually going to fully file the appeal at all. Sept. 17th will be an important date as far as this is concerned.

If they don't file, it's over. And there's a game that night, so it likely won't be reported.

Thank you for this timetable though.

Interesting.
Any thoughts from folks that perhaps there are negotiations taking place whereby Brady would agree not to pursue what looks to me to be a viable Defamation suit if the NFL does not Appeal...just to have the whole thing over and done with?

 

[memento]

No way Goodell is negotiating with Brady about defamation; the NFL is doubling and tripling down on this thing with an extra helping of coordinated smear campaigns against the Patriots. I agree with earlier sentiments that McNally and Jastremski might have agreed not to sue to be reinstated, but Brady has the season to focus on and the NFL is playing all their cards like they can do whatever they want regardless of federal labor laws and 99% of the CBA.

 

[supafly]

I still don't think they're actually going to fully file the appeal at all.

Tommy--would you mind elaborating on what you mean by "fully" filing the appeal?

As we know, they immediately filed their appeal on the day the suspension was vacated.

http://www.usatoday.com/story/sport...chard-overturned-berman-new-england/71504142/

 

[TommyD4207]

Tommy--would you mind elaborating on what you mean by "fully" filing the appeal?

As we know, they immediately filed their appeal on the day the suspension was vacated.

http://www.usatoday.com/story/sport...chard-overturned-berman-new-england/71504142/

They filed a "notice of intent to appeal" to get a date on the court docket. They haven't filed any briefs yet. At this point I'll be very surprised if they do.

Somewhat shoddy reporting by USA Today (and others, go figure).

 

[venecol]

I think (hope) the NFL drops this. They have taken a beating since Berman's ruling. I have to believe there are 17 owners that want this over with.

 

[supafly]

They filed a "notice of intent to appeal" to get a date on the court docket. They haven't filed any briefs yet. At this point I'll be very surprised if they do.

Somewhat shoddy reporting by USA Today (and others, go figure).

Thanks for the clarification.

Judging by Goodell's comments last Thursday, as well as his general attitude, I'd be surprised if they suddenly give up.

 

[TommyD4207]

Thanks for the clarification.

Judging by Goodell's comments last Thursday, as well as his general attitude, I'd be surprised if they suddenly give up.

If the NFL actually would have felt as aggrieved as they claimed to be, and as you've seen, leaked such to the media, they would have:

- Requested a stay from Berman's decision (which they would have lost, but you have to go through the motions on that)

- Filed briefs in support of their position for the appeal, in order to compel CA 2 to put them on an expedited timeline. They haven't done that either.

I'm sure Roger Cossack and Lester Munson are standing by to let us know why this is an amazingly smart decision by the NFL.

IF they don't file for an expedited hearing, this is an 18-24 month process, potentially longer - assuming they even file the appeal, which I don't think they will.

See, if the NFL actually files an appeal, that gets picked up by news sites and channels, not just sports sites that the NFL controls.

 

[Tuck]

Thanks for the clarification.

Judging by Goodell's comments last Thursday, as well as his general attitude, I'd be surprised if they suddenly give up.

I respectfully disagree. This has been a pr disaster for the league. I can't image they'll let this go on.

 

[TommyD4207]

I respectfully disagree. This has been a pr disaster for the league. I can't image they'll let this go on.

It's a good spot for them to quietly do nothing. There's a game going on, so sports media won't report it, and nothing would be filed in court, so news media won't report it.

 

[RelocatedPatFan]

If I'm Brady, even if i don't intend to file a defamation suit, I make the NFL sweat it out.

Plus, he can always change his mind (later) if more information comes out or someone rolls on their bosses.

 

[TommyD4207]

If I'm Brady, even if i don't intend to file a defamation suit, I make the NFL sweat it out.

Plus, he can always change his mind (later) if more information comes out or someone rolls on their bosses.

A defamation suit is like, 100 times less likely than the NFL going through with an appeal at this point, in my mind.

I don't think Brady wants the hassle, and he certainly doesn't need the money, even if he won. I can't say I'd blame him.

 

[RelocatedPatFan]

A defamation suit is like, 100 times less likely than the NFL going through with an appeal at this point, in my mind.

I don't think Brady wants the hassle, and he certainly doesn't need the money, even if he won. I can't say I'd blame him.

I'm not recommending he do it, just keeping it open as an option. If anything, it makes the NFL* tread more carefully (though they'd have to be capable of self-reflection and making an honest assessment of their situation).

 

[Tuck]

A defamation suit is like, 100 times less likely than the NFL going through with an appeal at this point, in my mind.

I don't think Brady wants the hassle, and he certainly doesn't need the money, even if he won. I can't say I'd blame him.

Agree completely. Brady has already won.

 

[turkeyneck]

Thanks for the clarification.

Judging by Goodell's comments last Thursday, as well as his general attitude, I'd be surprised if they suddenly give up.

Not without some kind of intervention.

 

[TommyD4207]

Not without some kind of intervention.

I don't think it's his call to make anymore.

 

[turkeyneck]

I don't think it's his call to make anymore.

You wouldn't think so but the owners haven't demonstrated an inclination to yank the leash yet. I'm still waiting for Contrite Goodell.

 

[Anteros]

You wouldn't think so but the owners haven't demonstrated an inclination to yank the leash yet. I'm still waiting for Contrite Goodell.