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Discussion in 'PatsFans.com - Patriots Fan Forum' started by eom, Aug 14, 2015.

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  1. patsfan06

    patsfan06 On the Game Day Roster

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    I was wondering this, so I asked.

    [​IMG]

    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.
     
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  2. cscirpoli

    cscirpoli Rotational Player and Threatening Starter's Job

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    Someone should tweet that to Kessler, just in case.
     
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  3. SVN

    SVN PatsFans.com Retired Jersey Club

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    notsure he has twitter and such
     
  4. raduray

    raduray PatsFans.com Supporter PatsFans.com Supporter

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  5. edzo44

    edzo44 PatsFans.com Supporter PatsFans.com Supporter

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    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.
     
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  6. Bruins29

    Bruins29 PatsFans.com Supporter PatsFans.com Supporter

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    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.
     
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  7. Hoodie

    Hoodie In the Starting Line-Up

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

    JoeSixPat Pro Bowl Player

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    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
     
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  9. MassPats38

    MassPats38 PatsFans.com Supporter PatsFans.com Supporter

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    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).
     
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  10. QuantumMechanic

    QuantumMechanic Burn it all down! PatsFans.com Supporter

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  11. tuckeverlasting

    tuckeverlasting In the Starting Line-Up

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    that's the absolute worst or the absolute best ?
     
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  12. SVN

    SVN PatsFans.com Retired Jersey Club

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  13. ctpatsfan77

    ctpatsfan77 PatsFans.com Supporter PatsFans.com Supporter

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    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.
     
  14. QuantumMechanic

    QuantumMechanic Burn it all down! PatsFans.com Supporter

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    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.
     
  15. AndyJohnson

    AndyJohnson PatsFans.com Veteran PatsFans.com Supporter

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    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?
     
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  16. SVN

    SVN PatsFans.com Retired Jersey Club

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    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.
     
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  17. karguy85

    karguy85 2nd Team Getting Their First Start

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    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).
     
  18. TommyD4207

    TommyD4207 Experienced Starter w/First Big Contract

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    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.
     
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  19. Rusty Coupe

    Rusty Coupe Rotational Player and Threatening Starter's Job

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    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.
     
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  20. robertweathers

    robertweathers PatsFans.com Supporter PatsFans.com Supporter

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    The apple fell very far from the tree.
     
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