Brady Second Circuit Judges: Parker, Katzmann, Chin

[YOUGOTMOSSED]

If they do it'll be a complete embarrassment and you have to question their priorities and understanding of their true purpose.

NFL had an absolute right to appeal the Berman decision but I have a feeling that is about as far as this is going to go. Federal Judges are generally smart enough to know when something is BS and typically resent having their time wasted.

 

[XLIX]

...another baseless case made by a dead-from-the-neck-up idiot.



I think people are taking what I said in the wrong direction.

The case and argument itself is legit. The genesis of this case is embarrassing and never should have gone this far.

On that we agree. It never should have gone past January 21, 2015.

 

[Ivan]

It could take years for the Supreme Court to hear this case, in the event that they actually agree to it. By that time, there could be a new CBA anyway, which would make a lot of these issues moot.

I don't believe the owners will let Goodell take this to the Supremes. If they do you can expect a 4-4 split because there is no way the democrats are going to approve a right winger after being stalled for a year. If anything they will simply return the favor and drag it out for another year and reject the first couple of nominees as payback. And that's if a Republican wins in November.

 

[KDPPatsfan85]

Happy it's Chin ... definitely did not want Sum Ting Wong.

 

[XLIX]

Everyone is trying to frame this as a partisan political management v. labor battle, hoping for democrats because Brady is labor.

However, IMHO, it is not quite as partisan as people are making it out to be. It is about the limits and rules for arbitration. In this particular instance, the labor side won the dispute and the management are the ones appealing. However, I don't see a group of judges declaring that arbitrators must be impartial as something that necessarily benefits labor any more than it benefits management.

 

[RobertWeathers]

NFL had an absolute right to appeal the Berman decision but I have a feeling that is about as far as this is going to go. Federal Judges are generally smart enough to know when something is BS and typically resent having their time wasted.

It is their right to ask for an appeal and is the SCOTUS' discretion to deny it.

 

[PatsFanSince74]

On the surface this is good news but I will wait for PF74 and ct to weigh in with more knowledge.

Thanks for the shout-out.

Part of me wants to quit while I'm ahead after nailing Judge Berman's profile for the Board after talking to a few friends down here and then predicting how he might lean within a day or two of his being named to the original case, but I'll nose around and see what I can find out down here.

Chin was affiliated with the Vladeck firm. Here I can add something of use from personal experience. This means he was almost certainly hired by the the late Judith Vladeck (her daughter, Anne, is the Vladeck on the masthead of the current firm) and if he is cut from the same cloth, that bodes well for Brady. Judith Vladeck was a pioneer and one of the giants of labor and arbitration law. I met with her several times over a small matter on which she represented me in the late 1990's. For those of you who follow such things, the lawyer who brought down Isaiah Thomas over the sexual harassment of Anuka Browne Sanders was a member of the Vladeck firm and is known to us. So, one never knows how an Appellate Judge will rule on any given case on any given day, but this is not bad news.

Katzmann is the Chief Judge and it would be interesting to know if he appointed himself to this case or whether he just won (lost?) the lottery assigning judges. I don't know much about him, other than what I can find in a quick search. He was living in DC when Clinton appointed him directly to the Second Circuit from the Brookings Institution and not from a Judgeship on a Federal District Court. He has been an advocate for the legal representation of impoverished immigrants, and he seems to have been admired by former Justice Stevens, a SCOTUS Liberal Lion. Nothing there that you can't find in a quick internet search for yourselves, but this too looks promising.

I think it's fair to say that in Chin and Katzmann, we have two judges whose profiles suggest that they will give a very fair hearing to Labor's perspective in this matter, which is really all we can ask for. I doubt that Clement and Goodell are very happy this afternoon.

Anybody find out anything interesting about Parker?

Quick PS: if the Chief Judge joins a 3--0 ruling upholding Berman, it is highly unlikely that the Supreme Court would even take the Case were the NFL to appeal again.

 

[RobertWeathers]

View attachment 12288

The very definition of Dark Humor.

 

[YOUGOTMOSSED]

It is their right to ask for an appeal and is the SCOTUS' discretion to deny it.

The appeal to CA2 was a matter of right; SCOTUS cert is discretionary and highly unlikely if Berman's decision is affirmed.

 

[Tony2046]

So you have the Chief Judge and two other high-powered, well respected US Federal Court judges of the 2nd district that preside over major, major cases on a daily basis and are one promotion away from the US Supreme Court now they need to hear a labor law dispute in which it's genesis is born from deflated footballs caused by atmospheric conditions and driven by an agenda-driven idiot commissioner and bratty owners.

So f***ing stupid it's embarrassing. I can't even begin to think how other countries around the world perceive this madness.

It's truly unbelievable. Well said.

 

[YOUGOTMOSSED]

Thanks for the shout-out.

Part of me wants to quit while I'm ahead after nailing Judge Berman's profile for the Board after talking to a few friends down here and then predicting how he might lean within a day or two of his being named to the original case, but I'll nose around and see what I can find out down here.

Chin was affiliated with the Vladeck firm. Here I can add something of use from personal experience. This means he was almost certainly hired by the the late Judith Vladeck (her daughter, Anne, is the Vladeck on the masthead of the current firm) and if he is cut from the same cloth, that bodes well for Brady. Judith Vladeck was a pioneer and one of the giants of labor and arbitration law. I met with her several times over a small matter on which she represented me in the late 1990's. For those of you who follow such things, the lawyer who brought down Isaiah Thomas over the sexual harassment of Anuka Browne Sanders was a member of the Vladeck firm and is known to us. So, one never knows how an Appellate Judge will rule on any given case on any given day, but this is not bad news.

Katzmann is the Chief Judge and it would be interesting to know if he appointed himself to this case or whether he just won (lost?) the lottery assigning judges. I don't know much about him, other than what I can find in a quick search. He was living in DC when Clinton appointed him directly to the Second Circuit from the Brookings Institution and not from a Judgeship on a Federal District Court. He has been an advocate for the legal representation of impoverished immigrants, and he seems to have been admired by former Justice Stevens, a SCOTUS Liberal Lion. Nothing there that you can't find in a quick internet search for yourselves, but this too looks promising.

I think it's fair to say that in Chin and Katzmann, we have two judges whose profiles suggest that they will give a very fair hearing to Labor's perspective in this matter, which is really all we can ask for. I doubt that Clement and Goodell are very happy this afternoon.

Anybody find out anything interesting about Parker?

Quick PS: if the Chief Judge joins a 3--0 ruling upholding Berman, it is highly unlikely that the Supreme Court would even take the Case were the NFL to appeal again.

NFL could then move for an en banc hearing (probably denied) and then ask SCOTUS for cert. (probably denied).

I suppose there's a small chance of getting cert since there is a lot of publicity and there's a hot shot federal appellate lawyer representing the NFL but I think the court would agree with my assessment that they've already wasted enough time on this.

 

[Tony2046]

Hopefully what you are speaking to will play into NFLPA's hands in the form of judicial impatience and disgust, as you express.

But I'm worried about you man! You need to renew your faith in humanity and civilization. Maybe it would help to watch some presidential candidate debates or speeches to see that one of the other branches of government is in better shape...oh, wait.

Better watch out......one of those candidates may punch you in the mouth.

 

[JetFan79]

Holy crap! I just realized BB's power. Scalia's "natural" passing? Coincidence?.. I smell a Pat.

If the NFL takes this to the top, it'll most likely be a 4-4 split now w/o Scalia. Lower courts are majority liberal I believe. So it'll revert to the lower court's decision (most likely in Brady's favor).

Well played Bill. Well played.

 

[Clonamery]

Holy crap! I just realized BB's power. Scalia's "natural" passing? Coincidence?.. I smell a Pat.

If the NFL takes this to the top, it'll mostly likely be a 4-4 split now w/o Scalia. Lower courts are majority liberal I believe. So it'll revert to the lower court's decision (most likely in Brady's favor).

Well played Bill. Well played.

I was thinking it was **** Cheney since it was a top secret meeting of some International Hunting Club for the Tri-Lateral Commission or something and Cheney likes to go off half-****ed.

 

[The Brandon Five]

I was thinking it was **** Cheney since it was a top secret meeting of some International Hunting Club for the Tri-Lateral Commission or something and Cheney likes to go off half-****ed.

Is Kraft now part of the Pentaverate? Can we prove that he isn't?

 

[JetFan79]

I was thinking it was **** Cheney since it was a top secret meeting of some International Hunting Club for the Tri-Lateral Commission or something and Cheney likes to go off half-****ed.

That's possible I suppose. But while Cheney has some power/influence, he's not quite at Bill's level. Knocking off a SC justice takes some serious power.

 

[RobertWeathers]

I was thinking it was **** Cheney since it was a top secret meeting of some International Hunting Club for the Tri-Lateral Commission or something and Cheney likes to go off half-****ed.

Yep. He shot someone too. He had like 5 scotches before he went out

 

[RobertWeathers]

That's possible I suppose. But while Cheney has some power/influence, he's not quite at Bill's level. Knocking off a SC justice takes some serious power.

Yea...just watch the Pelican Brief. It's all there on how its done.

 

[FreeTedWilliams]

In deference to Goodell, shouldn't Berman hear the appeal of his own decision?

 

[Brandon_Cox]

This is a great panel and here's why. Tom has the merits strongly on his side. He doesn't need a panel biased towards him; he just needs one that's fair. My big worry was that he would get one strongly biased against him. At the worst, these three judges collectively are neutral towards his case (although I think it's better than that). This panel makes me very happy!