Brady Second Circuit Judges: Parker, Katzmann, Chin

[YOUGOTMOSSED]

Can they decide after hearing the oral arguments that this case is indeed a total waste of their time and there is absolutely no reason to even consider overturning the ruling as it has been so painfully clear and obvious how Goodell ignored labor law and basic fairness and just end it there, or is it required to go through the full process?

They could play it like Berman did and broadcast to the litigants how they feel about the case so the decision is more or less predictable. I doubt they are simply going to rule from the bench after oral argument. The best we can hope for is a quick, favorable decision well before the NFL draft. Not that I think we'll get the picks back but it will make Goodell look like that much more of an assh*le.

 

[Ice_Ice_Brady]

I think it's more specific than siding with labor or management in overturning an arbitration award.
It's about the REASONS for vacature which all are dramatically more likely to be appealed by labor than management.

In other words the court isn't ruling in favor of management or labor but on whether the rights that were denied brady in his appeal of discipline are legally denied.
It would be rare for due notice and right to see investigation notes and question investigators would be points management would be arguing.

To confirm lack of notice is not to take power away from an arbitrator but to say the particular arbitrator/discipliner in this case was incompetent.

It also has to do with whether or not an "arbitrator" can stray from the CBA and Law of Shop, both of which he is bound to, and whether or not he can essentially re-interpret those any way he wishes. That is the crux of Article 46...is this a clause that allows Goodell to just do whatever he wants and claim it is consistent with the CBA, or at some point are his arbitration powers subject to reversal based on a gross misapplication of the agreement?

This is a separate issue from the appeal proceedings, which are also carried out in a deplorably unfair way.

 

[Ring 6]

It also has to do with whether or not an "arbitrator" can stray from the CBA and Law of Shop, both of which he is bound to, and whether or not he can essentially re-interpret those any way he wishes. That is the crux of Article 46...is this a clause that allows Goodell to just do whatever he wants and claim it is consistent with the CBA, or at some point are his arbitration powers subject to reversal based on a gross misapplication of the agreement?

This is a separate issue from the appeal proceedings, which are also carried out in a deplorably unfair way.

Was that one of bermans findings or one he left to the side?

 

[AvocadoIceCream]

Why do we need to mock Chinese names?



Ditto.

LMAO wow, Hilary

 

[JMC00]

Was going through the channels stopped on nfln for a minute and during their news update they had it titled

"Judges appointed in for Tom Brady's appeal"

Absoutely F***ing hysterical..

Hey dipshits it's the nfl*'s appeal they are the one's that got the confirmation they filed for denied and overturned.

 

[Ice_Ice_Brady]

Was that one of bermans findings or one he left to the side?

Berman's ruling on lack of notice made the assumption that Goodell was bound to certain principles within the CBA and those principles were not open to Goodell's interpretation. Goodell concluded notice was given to Brady; Berman overrode Goodell's decision because the reasoning was not sound. Berman sided with Kessler that no notice of a potential suspension was given and that equipment violations were subject to fines. Goodell ruled that vague Integrity of the Game clauses distributed to the owners served as acceptable notice (of course, that would be a catch-all for anything.)

Berman was clearly correct, but the NFL will argue that Goodell's decision is unassailable, whether you agree with his interpretation or not.

 

[YOUGOTMOSSED]

LMAO wow, Hilary

Is Goodell's Chinese name Li Ying Fuk?

 

[Todd Bradley]

So to the legal experts on here, what are the chances this gets wrapped up quickly, before the draft, so that there's even more pressure for the pick to be returned?

Any whatsoever?

 

[XLIX]

So to the legal experts on here, what are the chances this gets wrapped up quickly, before the draft, so that there's even more pressure for the pick to be returned?

Any whatsoever?

1) We won't get a ruling before the draft

2) Even when we do get a ruling, it certainly won't be "wrapped up" because there are yet more avenues of appeal

3) Not sure what any of the above has to do with returning draft picks

 

[JPPT1974]

This has really dragged on in the mud. You would think that this would had gotten wrapped up. They are dragging this in the mud.

 

[DarrylS]

As important as the politics of all of this, is the rate of reversal for a Judge of the lower court.. those statistics are difficult to find in the myriad of overcomplicated data in the judicial system.

Berman is a well respected jurist and they will be attacking his decision as much as dealing with the merits of this case.. need an over/ under to determine phrases that "Berman overstepped his authority", or "Berman misinterpreted the argument" or "Berman was wrong" etc.

 

[RobertWeathers]

Can they decide after hearing the oral arguments that this case is indeed a total waste of their time and there is absolutely no reason to even consider overturning the ruling as it has been so painfully clear and obvious how Goodell ignored labor law and basic fairness and just end it there, or is it required to go through the full process?

They can confirm Berman's decision or send it back to him. NFL can appeal to the USSC and they can say no.

 

[QuantumMechanic]

This has really dragged on in the mud. You would think that this would had gotten wrapped up. They are dragging this in the mud.

Actually, this whole thing has moved impressively fast for a federal case.

 

[QuantumMechanic]

They can confirm Berman's decision or send it back to him. NFL can appeal to the USSC and they can say no.

They could also rule entirely for the NFL and not send it back to Berman.

 

[Observer]

If the judges rule in favor of the NFL, the law itself would need to be revisited.

 

[Todd Bradley]

1) We won't get a ruling before the draft

2) Even when we do get a ruling, it certainly won't be "wrapped up" because there are yet more avenues of appeal

3) Not sure what any of the above has to do with returning draft picks

The ruling has a gigantic impact on the picks.

If the NFL's appeal dies, it gives Kraft the opportunity to finally make a move. Right now his hands are tied, considering there's no shot the NFL would return picks while an appeal is in place for Brady's suspension, which in turn is linked with the other flase penalties. Once the ruling is made, there will be nothing tied up and no circumstances of Deflategate left to ponder.

Brady's suspension was totally nullified by a district judge, but now, it's been further confirmed by an appeals court, (even though this entire court process was filed by the NFL themselves, originally), Jastermski and McNally were reinstated by the NFLs own doing and there was zero evidence of any wrong doing found, by any party.

So it basically says, there's nothing further to deliberate on, Deflategate is finally dead, clearly there's nothing to see here as we all knew, your suspension was garbage and the two other guys you dragged through the mud you reinstated and you never actually had them serve any sort of suspension themselves.....so....you took away the picks for what?

This decision has A LOT to do with the potential of draft picks being returned.

 

[Jimke]

As important as the politics of all of this, is the rate of reversal for a Judge of the lower court.. those statistics are difficult to find in the myriad of overcomplicated data in the judicial system.

Berman is a well respected jurist and they will be attacking his decision as much as dealing with the merits of this case.. need an over/ under to determine phrases that "Berman overstepped his authority", or "Berman misinterpreted the argument" or "Berman was wrong" etc.

I read somewhere that 92% of Berman's cases are upheld upon appeal.

 

[RobertWeathers]

They could also rule entirely for the NFL and not send it back to Berman.

...yea and then this is where TB12 needs to make a choice. Go see Kiki Ginsburg or sit 4 games.

 

[Jimke]

Forget about the draft picks. The entire case would have to be redone in Federal Court stating from scratch.

 

[RobertWeathers]

I read somewhere that 92% of Berman's cases are upheld upon appeal.

I read the same thing in McCanns piece but I don't remember what the breakdown was for criminal/civil and what the court average was.