Brady Wins! BBBBRRRRRRAAAADDDDDYYYYYYY WINS!

[RelocatedPatFan]

Here's the relevant part of the standard player contract (the parts in bold are bolded by me):



It is certainly not impossible that CA2 will consider deflating footballs after checkin to be "conduct reasonably judged...to be detrimental". If CA2 takes that position, then the whole notice thing goes POOF because there's no way to claim a provision in the player's own contract failed to give him notice that a suspension was a possible penalty.

It all falls back to Law of Shop and prior precedent.

Nothing gives Goodell/NFL* the ability to make up any punishment that falls out of line with prior cases. Goodell would have far more freedom of power if it was to be something that was very different than anything ever and that's JUST NOT THE CASE here.

 

[PATS16N0]

 

[QuantumMechanic]

It all falls back to Law of Shop and prior precedent.

Nothing gives Goodell/NFL* the ability to make up any punishment that falls out of line with prior cases. Goodell would have far more freedom of power if it was to be something that was very different than anything ever and that's JUST NOT THE CASE here.

I'm not disagreeing with you on that. I'm disagreeing with the people who say it is "impossible" for CA2 to overturn Berman because he used some special magic incantation when writing his opinion.

 

[TruthSeeker]

Here's the relevant part of the standard player contract (the parts in bold are bolded by me):



It is certainly not impossible that CA2 will consider deflating footballs after checkin to be "conduct reasonably judged...to be detrimental". If CA2 takes that position, then the whole notice thing goes POOF because there's no way to claim a provision in the player's own contract failed to give him notice that a suspension was a possible penalty.

You missed the point. Tom Brady wasn't accused of deflating footballs. He was accused of being generally aware. There is no notice in the CBA pertaining to generally aware. And you can bet your bottom dollar that the second circuit court of appeals will not find such a standard in any document.

 

[QuantumMechanic]

While in actuality I want Brady to win in CA2 and have it end, there's a part of me that really wants to see something like this happen:

• CA2 sends it back to Berman (if it happened, Kessler is estimating it'd be Summer 2016)
• Berman issues injunction allowing Brady to play.
• Briefing, hearings, etc.
• Berman re-vacates on grounds he didn't reach the last time.
• NFL appeals to CA2
• CA2 upholds Berman (at this point we're into 2017 at least)
• NFL appeals to SCOTUS
• SCOTUS takes case, orders briefings, oral arguments, etc.
• Sometime after orals but before SCOTUS issues a decision, Brady announces his retirement.
• SCOTUS dismisses case as moot.

 

[Bella*chick]

While in actuality I want Brady to win in CA2 and have it end, there's a part of me that really wants to see something like this happen:

• CA2 sends it back to Berman (if it happened, Kessler is estimating it'd be Summer 2016)
• Berman issues injunction allowing Brady to play.
• Briefing, hearings, etc.
• Berman re-vacates on grounds he didn't reach the last time.
• NFL appeals to CA2
• CA2 upholds Berman (at this point we're into 2017 at least)
• NFL appeals to SCOTUS
• SCOTUS takes case, orders briefings, oral arguments, etc.
• Sometime after orals but before SCOTUS issues a decision, Brady announces his retirement.
• SCOTUS dismisses case as moot.

Ummmmm, why?

I want it over in the quickest way possible.

 

[QuantumMechanic]

Because it would exemplify the pointlessness and waste of time Deflategate is.

 

[Bobsyouruncle]

While in actuality I want Brady to win in CA2 and have it end, there's a part of me that really wants to see something like this happen:

• CA2 sends it back to Berman (if it happened, Kessler is estimating it'd be Summer 2016)
• Berman issues injunction allowing Brady to play.
• Briefing, hearings, etc.
• Berman re-vacates on grounds he didn't reach the last time.
• NFL appeals to CA2
• CA2 upholds Berman (at this point we're into 2017 at least)
• NFL appeals to SCOTUS
• SCOTUS takes case, orders briefings, oral arguments, etc.
• Sometime after orals but before SCOTUS issues a decision, Brady announces his retirement.
• SCOTUS dismisses case as moot.

To add to this. As I recall this case was expedited because the NFL and NFLPA decided to skip discovery which could drag this out.

If it did get rejected and kicked back to Berman the NFLPA could (I think) request discovery. Not only could that drag out forever, but in assessing partiality the NFLPA could request those notes and interviews they never received to assess Goodell's partiality.

My gut feeling is that would be more embarassing for the NFL, they've already been caught in several lies. Lining up actual quotes with how Wells presented them would be interesting.

I agree this could drag out a long time, maybe pass Brady's retirement.

 

[Bella*chick]

Because it would exemplify the pointlessness and waste of time Deflategate is.

Well, it sure would emphasize that, but I think its been amply demonstrated already.

 

[VJCPatriot]

More likely, either Berman gets affirmed, or CA2 makes a tweak and orders another arbitration consistent with the reasoning of the CA2. And when it goes back to Berman, NFL still loses and gets a second black eye. Meanwhile wasting millions of dollars on more lawyers who pad their bank accounts thanks to Goodell's arrogance because he can't stand losing but loses again anyways.

While in actuality I want Brady to win in CA2 and have it end, there's a part of me that really wants to see something like this happen:

• CA2 sends it back to Berman (if it happened, Kessler is estimating it'd be Summer 2016)
• Berman issues injunction allowing Brady to play.
• Briefing, hearings, etc.
• Berman re-vacates on grounds he didn't reach the last time.
• NFL appeals to CA2
• CA2 upholds Berman (at this point we're into 2017 at least)
• NFL appeals to SCOTUS
• SCOTUS takes case, orders briefings, oral arguments, etc.
• Sometime after orals but before SCOTUS issues a decision, Brady announces his retirement.
• SCOTUS dismisses case as moot.

 

[Soul_Survivor88]

Daniel Wallach ‏@WALLACHLEGAL 1m1 minute ago
NFL has not yet asked 2nd Circ. to expedite its appeal of Judge Berman's ruling in Brady; absent expedition, median appeal time = 10 months

It's too bad Deflate Gate will continue into 2016...oh well, at least we have our QB back!

 

[Soul_Survivor88]

Only In Boston ‏@OnlyInBOS 11s12 seconds ago
The digital billboard outside @GameOnFenway is amazing...

 

[Mike the Brit]

So now the NFL owners are, apparently, re-considering their disciplinary process. That's really going to help the appeal!

Imagine you're the schmuck who then has to get up and argue that everything about the NFL's disciplinary process is copacetic and the only reason you're standing in front of the Appeal Court is that Judge Berman doesn't understand the law.

 

[Soul_Survivor88]

https://vine.co/v/e1q6vP2t1ix

Hilarious!!!

 

[Oswlek]

because he used some special magic incantation when writing his opinion.

What about sprinkled dust of crushed bat wings?

 

[Soul_Survivor88]

Sean LeahyVerified account‏@leahysean
They love Judge Berman at Kelly's Cellar in Quincy

 

[zydecochris]

So now the NFL owners are, apparently, re-considering their disciplinary process. That's really going to help the appeal!

Imagine you're the schmuck who then has to get up and argue that everything about the NFL's disciplinary process is copacetic and the only reason you're standing in front of the Appeal Court is that Judge Berman doesn't understand the law.

Even though that poor lawyer making that argument has a tough row to hoe, he is probably thinking: "billable hours...billable hours...billable hours"

I saw one article that said that Wells charged the NFL 45 millions dollars for two "investigations".

Being a lawyer for the NFL is like being the opponent of the Harlem Globe Trotters. You may lose a lot, but you'll be making plenty of money while doing so

 

[Mike the Brit]

Even though that poor lawyer making that argument has a tough row to hoe, he is probably thinking: "billable hours...billable hours...billable hours"

I saw one article that said that Wells charged the NFL 45 millions dollars for two "investigations".

Being a lawyer for the NFL is like being the opponent of the Harlem Globe Trotters. You may lose a lot, but you'll be making plenty of money while doing so

True. Crying all the way to the bank ...

 

[DaBruinz]

Here's the relevant part of the standard player contract (the parts in bold are bolded by me):



It is certainly not impossible that CA2 will consider deflating footballs after checkin to be "conduct reasonably judged...to be detrimental". If CA2 takes that position, then the whole notice thing goes POOF because there's no way to claim a provision in the player's own contract failed to give him notice that a suspension was a possible penalty.

Except the Court transcript, which IS part of the record, has in it specifically exonerating Brady by getting the NFL to admit that they had no proof.

Furthermore, you are failing to understand that the "Law of Shop" says that the "NOTICE" has to be specific. You can't just generalize. Which is what Berman also said.

 

[DaBruinz]

I'm not disagreeing with you on that. I'm disagreeing with the people who say it is "impossible" for CA2 to overturn Berman because he used some special magic incantation when writing his opinion.

There are 7 distinct points that the CA2 would have to overturn for it to get kicked back to Berman.. The likelihood of that happening is less than 5% in my honest opinion.