Berman has a lot of choices as to what to slap the NFL down with

[Fencer]

I know that there are arguments to the effect:

• Berman, if he rules against the NFL, will likely craft his decision narrowly.
• It's not certain that Berman will rule against the NFL at all.

That said, he has a lot of choices as to how he could find them in the wrong. The ones that come quickly to my mind are:

• The Law of the Shop/essence of the CBA include notice provisions that clearly weren't followed. (I.e, the court in Minnesota was correct.)
• Same thing, but via collateral estoppel. (See other thread.)
• The final discipline ruling is badly inconsistent with the conclusions of the Wells Report, and hence isn't grounded in facts.
• There wasn't a fair hearing about bias issues (notably Pash's influence on the Wells Report).
• The independent/non-independent tap dance had the effect of not letting Brady properly defend himself.
• Any and all of the above show that the process was generally a clown show.
• Any and all of the above show that the arbitrator needed to rule about the process, and hence that Goodell was inherently too biased to fill the role.

Does that about sum it up, or are there yet more that I'm overlooking?

I'm assuming that Berman will not say "The Wells Report was wrong", but rather "The Wells Report is limited in what it said, because if it were read more expansively, then it would be wrong", so as not to confront head-on the Commissioner's and Arbitrator's nearly unlimited power to, as it were, choose their own facts.

 

[RIpats88]

there is also that if there are actual rules for punishment in the CBA, they over-rule article 46 which florio pointed out. for example, steroids would affect "integrity of the game" however the league agreed to in the CBA a 4 game suspension. even "If" theoretically brady did do it. the league agreed to an $8000.00 fine for an equipment violation" which over rules goodels "integrity of the game"

that seems basically it. GOodells argument has been "well im the arbitrator so I can do what I want" which I think Berman is going to shoot down with a heavy hammer.

 

[Fencer]

there is also that if there are actual rules for punishment in the CBA, they over-rule article 46 which florio pointed out. for example, steroids would affect "integrity of the game" however the league agreed to in the CBA a 4 game suspension. even "If" theoretically brady did do it. the league agreed to an $8000.00 fine for an equipment violation" which over rules goodels "integrity of the game"

Isn't that subsumed under the notice point? Well, I guess it is if and only if the league would have the right to establish a policy with the harsher penalties in it. Kessler has seemed to suggest a "Yes" to that, but that may be a tactical choice on his part.

 

[PatsFanSince74]

Thanks, Fencer. From your lips to God's ears!!!