patsfan06
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- Sep 24, 2011
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When writing a brief, you typically go with Supreme Court cases then Circuit Court (district court cases are generally of value only if (1) the particular judge issued a decision or (2) there is nothing else). If the highest court has answered the question, then it is "game over" on the legal argument.
The "essence of the collective bargaining agreement" phrase begs the question what has that particular phrase been defined to mean? These briefs are not lengthy, so I expect the brief writer did not want to get too far into the weeds if the argument is not exceedingly helpful to the cause.
If the argument is foreclosed by precedent (frivolous), then it is unethical to file the brief. Here, the NFL appears to be arguing broad-stroke Supreme Court precedent require the district court to confirm the award.
I was wondering this, so I asked.
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.