Daniel Wallach on why Garvey will not handcuff Berman

[raduray]

In anticipation of tomorrow's hearing, Daniel Wallach recapitulates why the Garvey SC decision does not hurt Brady's case:

Daniel Wallach@WALLACHLEGAL
When pointing to Garvey as presaging NFL win in Brady, it is important to read whole opinion and not just look to bottom-line result

Daniel Wallach@WALLACHLEGAL
Reason #1 why Garvey vs. MLB case will not handcuff Judge Berman in Brady case:

Garvey distiguishable from Brady: lacked "evident partiality" & unfair process claims, and judge vacated bc he "disagreed" with arb findings
​

Daniel Wallach@WALLACHLEGAL
Reason #2 why Garvey case is not an obstacle to Berman siding with Brady on "process" and fundamental fairness:

Garvey case does not handcuff J. Berman: there, court resolved "merits of the parties' dispute on basis of its OWN factual determinations"​

Daniel Wallach@WALLACHLEGAL
Reason #3 why Garvey decision is overblown in Brady context:

Garvey judge also "usurped the arbitrators' role by resolving dispute & barring further [arbitration] proceedings." Berman smarter than that​

 

[BradyFTW!]

Daniel Wallach?@WALLACHLEGAL
When pointing to Garvey as presaging NFL win in Brady, it is important to read whole opinion and not just look to bottom-line result