Great Article By Hurley On SCOTUS Cases

[XLIX]

Can an appellate court dismiss the case as moot because the aggrieved party is no longer injured? If so, that's exactly what clement will say in a motion if brady serves the suspension.

I believe they can except in this case, Brady would still have suffered financial damages by losing 4 game checks, so even if he accepts the suspension while the appeal is still pending, he still would have some skin in the game.

(Plus, as mentioned above, in this case there is a far larger issue of federal arbitration at stake, not just Brady)

 

[XLIX]

Brady suffers a lot more injury than the suspension - this whole affair has likely reduced his future earning power from endorsements and commercials by tens of millions of dollars. So it would not be moot.

Well, the Supreme Court would not be concerned with the ancillary damages caused to Brady. That's something that would be brought up at a defamation trial.

The Federal Courts are simply interpreting the CBA and the authority or the arbitrator.

 

[RobertWeathers]

Brady suffers a lot more injury than the suspension - this whole affair has likely reduced his future earning power from endorsements and commercials by tens of millions of dollars. So it would not be moot.

I thought it would but I'm not sure about that anymore. I think advertisers have come around to the belief that A) this whole thing is absurd B) Tom only pushes high-end stuff and typically the demographic who buy the products he promotes are reasonably informed people not blinded by the stupid-ass NFL BS.

Plus after the retire, athletes typically don't demand the same lucrative endorsement deals as the did when they were active.

 

[Patsfanin Philly]

Can an appellate court dismiss the case as moot because the aggrieved party is no longer injured? If so, that's exactly what clement will say in a motion if brady serves the suspension.

The NFLPA would then argue that the case is "capable of repetition",
That is the commissioner could do it to someone else so the case meets the criteria for review and is not moot.

 

[PatsFanSince74]

Can an appellate court dismiss the case as moot because the aggrieved party is no longer injured? If so, that's exactly what clement will say in a motion if brady serves the suspension.

yeah, while the subject is now truly "moot," i think that it was a dumb idea for many reasons.