Good explainer on where we are and what's next

[QuantumMechanic]

Nice piece from Ian Gunn at The Sports Esquires:

http://thesportsesquires.com/deflated-discipline-breaking-down-tom-bradys-win-and-what-it-means/

 

[Soul_Survivor88]

Ones if the best analysis I've read on this judicial process.

Thanks for sharing this Quantum

 

[Mike the Brit]

Thanks.

The NFL is now the underdog on appeal, having lost the first round with Judge Berman. The league must convince a majority of the Second Circuit panel that Berman was wrong. In the end the NFL is unlikely to be successful for several reasons. There is a chance that Berman could be reversed based on his explanation of the “law of the shop,” which is generally the province of the arbitrator to apply. However, some minimal form of notice is required by law, even without reference to the law of the shop. Berman ruled for Brady on every conceivable point on the notice issue. All the Second Circuit has to do on the notice issue is find one point of Berman’s with which they agree.

But even if the Second Circuit were to reverse Berman on notice, they will probably not reverse him on the fairness issue. Berman’s ruling on fairness (related to the exclusion of Pash’s testimony and the interview notes) was specifically based on Second Circuit precedent directly comparable to Brady’s case. That part of the decision is on fairly solid footing.
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The notice and fairness parts of the ruling looked very strong to me. I think the NFL would be idiots to go on with this to the bitter end. But that doesn't mean they won't ...

 

[Mack Herron]

In the end, Berman’s decision was a rebuke to the NFL and to Roger Goodell specifically. While his powers may be broad, they are not that broad. Players still deserve a minimum threshold of due process. For now at least, Brady can be satisfied that Judge Berman vindicated his decision to defend himself. The NFL and Roger Goodell, on the other hand, need to take a long look at the league’s disciplinary process – investigations, punishments, appeals, hearings, and evidence admissions – before they suffer another stinging loss like the one Berman delivered.

So players get due process, but teams do not. The pathological liar on Park Ave. gets taken apart for his player suspensions, but his team penalties---based on 0.2 psi and an ambiguous text message from nearly a year ago--that penalty stands, and 32 owners who don't care enough about their game to read are fine with this.

 

[PP2]

So players get due process, but teams do not. The pathological liar on Park Ave. gets taken apart for his player suspensions, but his team penalties---based on 0.2 psi and an ambiguous text message from nearly a year ago--that penalty stands, and 32 owners who don't care enough about their game to read are fine with this.

Teams and owners don't have as much rights as those afforded to players by virtue of their CBA with the league.

 

[MagicMarker]

Is it just us that sees this? If I'm an owner, I'm being asked to kick in part of a million more dollars on this thing? Peter King seems to be saying there are signs of discontent.

 

[Mack Herron]

Teams and owners don't have as much rights as those afforded to players by virtue of their CBA with the league.

Of course. But the owners can now see that the brand of justice meted out by their narcissistic leader was completely lacking in due process. I am merely pointing out that a principled position would be to acknowledge that the evidence does not support the penalties, vacate ALL the penalties, and fix the process. The owners are not principled.

 

[PP2]

Of course. But the owners can now see that the brand of justice meted out by their narcissistic leader was completely lacking in due process. I am merely pointing out that a principled position would be to acknowledge that the evidence does not support the penalties, vacate ALL the penalties, and fix the process. The owners are not principled.

Likely, a lot of this is karma redounding upon Kraft for siding with, and unconditionally supporting Goodell as he blundered through bountygate, the Peterson and Rice fiasco, etc. etc.

Pretty sure a number of owners are ecstatic that Kraft got shafted badly.

 

[RayClay]

Likely, a lot of this is karma redounding upon Kraft for siding with, and unconditionally supporting Goodell as he blundered through bountygate, the Peterson and Rice fiasco, etc. etc.

Pretty sure a number of owners are ecstatic that Kraft got shafted badly.

I'm sure they enjoyed his lucrative media contracts and ending the CBA dispute when bozodell couldn't do it.

Fashionable to kick Kraft now, but had goodell appreciated him doing his job [and very well] when he couldn't, instead of stabbing him in the back, we'd still have the most influential owner in sports, as he had been called.

I guess when you put in that much successful work you expect thanks not shanks.

 

[QuantumMechanic]

As you may recall, when both sides got together to ask Berman to run the case on an expedited basis both sides also agreed to confine the case to the record of the arbitration hearing and not attempt to seek any discovery.

I've (separately) asked the author of this piece (Ian Gunn) and Steph Stradley if that no discovery agreement would still hold if CA2 remands the case back to Berman.

Gunn believes it would still hold -- no discovery and Berman would have to resolve the currently untouched NFLPA claims via just the arbitration record.

Stradley believes it depends on the specific reasons for remand. The no-discovery agreement might be still binding or it might not.

 

[Fencer]

Gunn was one of the good legal guys on Twitter. Most of you probably remember this, but I mention it anyway because he wasn't quite as visible as Stradley or McCann.