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8/14: NFLPA's latest submission is in


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Kessler's shooting fish in a barrel with a 50 cal turret mounted machine gun.

How could the nfl even respond to this with a straight face?
 
What is the basis for the NFLPA's claim that Peterson is binding precedent, or whatever they're saying that's close to that?

Is it because the decision states aspects of the Law of the Shop?
 
Kessler is running circles around the NFL lawyers.
 
A key argument:

The same generalized conduct detrimental language appeared in Peterson’s and Rice’s (and the
Bounty players’) Player Contracts, but their discipline was still vacated for want of notice. The mere fact that players generally know they can be punished for conduct detrimental is insufficient when, as here, there is a specifically applicable policy. To conclude otherwise would render the Player Policies—and the notice they provide—a nullity.
 
Vincent testified that the discipline he imposed rests exclusively on the findings of the Wells Report (supra), which specifically declines to conclude that Brady was directly involved in ball tampering.

...

Despite this record, the NFL now argues that Brady was suspended “for having ‘approved of, consented to, and provided inducements in support of’ ‘a scheme to tamper with the game balls.’”

As the Court observed, the Award accuses Brady of having participated in a “scheme”
fourteen times—but the word does not appear once in the 139 page Wells Report or the Vincent
discipline letter.
 
What is the basis for the NFLPA's claim that Peterson is binding precedent, or whatever they're saying that's close to that?

Is it because the decision states aspects of the Law of the Shop?

Yes. I believe it's making a rule, then trying to retroactively punish. In Brady's case, there was no rule against anything he did beforehand, barring a small fine for equipment violation. This is from memory.
 
The pp. 14-15 argument about Goodell's multiple lies is great as well. Big finish!
 
Just read the whole thing, I don't see how goodell isn't cooked if the judge upholds even a quarter of the nflpas arguments.
 
Now all Kessler has to do is get Goondell's head in a vise and twist the screws until it pops like a green zit.

(and I mean this in only the friendliest, most genteel, most figurative notion of squashing his pimplehead)
 
I can't believe we lost a 1st round draft pick for this ********

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