Judge Doty chimes in

[Fencer]

How can you possibly think that? All anyone will remember is that Goodell wacked Brady for cheating and it was upheld in US Court. If anything this will embolden Goodell into thinking Article 46 is some kind of magic wand that he can wave to get whatever he wants.

I see why you think that, but at least the press will clobber him some more before they drop the subject.

 

[raduray]

Is Berman allowed to consult with Doty or any other judge?

 

[Deus Irae]

I'm surprised that Florio hasn't posted anything on this yet. It's right up his alley and it's such low hanging fruit.

He's got it now:

http://profootballtalk.nbcsports.co...s-whether-goodell-understands-there-is-a-cba/

 

[BigPeteG]

This thread is getting it wrong..

Okay here is the deal. Contracts are ONLY 'binding' if they do not violate Federal Law. So the NFL CBA can be ENTIRELY 100% in favour of Goodell. It can grant him unlimited power.

But that power will not be binding in a court of law if it violates Federal Law. As it happens we have a specific Law for this contract - its called the Federal Arbitration Act. Kessler and company are saying Goodell violated this. And because its a CBA - and that law does apply - the sentence can be vacated or reheard..

So even if in the Peterson case he was just ignoring the CBA - that does not doom Brady because even if Goodell follows the CBA - he can still lose..

 

[goheels22002]

Is Berman allowed to consult with Doty or any other judge?

Great question. It would seem that it would be considered disallowable ex parte communication since both judges are hearing active cases involving the same parties. Any judges out there who can answer this?

Statements on the record in court may be signals to one another, but since both parties have equal access to those communications, they are not ex parte. Both judges seem quite exasperated with the NFL, particularly the Commissioner's buffoonery.

 

[convertedpatsfan]

This thread is getting it wrong..

Okay here is the deal. Contracts are ONLY 'binding' if they do not violate Federal Law. So the NFL CBA can be ENTIRELY 100% in favour of Goodell. It can grant him unlimited power.

But that power will not be binding in a court of law if it violates Federal Law. As it happens we have a specific Law for this contract - its called the Federal Arbitration Act. Kessler and company are saying Goodell violated this. And because its a CBA - and that law does apply - the sentence can be vacated or reheard..

So even if in the Peterson case he was just ignoring the CBA - that does not doom Brady because even if Goodell follows the CBA - he can still lose..

It's amazing how often this gets overlooked. "Goodell has unlimited power because of clause 46!" Can Goodell order the punishment to be Tom Brady loses his left arm? Can Goodell order Tom Brady to kill Judge Doty before he will be allowed back in the NFL? Can Goodell demand Tom Brady always wear a Jets jersey when he's not on the field? No, of course not, despite how happy any of those things would make Goodell.

There are obviously limits to what he can do, although it doesn't seem so obvious to some mediots.

 

[Patsfanin Philly]

Great question. It would seem that it would be considered disallowable ex parte communication since both judges are hearing active cases involving the same parties. Any judges out there who can answer this?

.

I'm not a judge and didn't stay at a Holiday Inn but I Volinized this gem....that seems on point...At least in Florida though I assume it applies on a Federal level as well...

http://www.flcourts.org/resources-a...its/legal-toolkit/judicial-communication.stml

Communication Between Judges

Question:

To what extent can judges communicate with other judges regarding case management and case coordination?

Answer:

A judge may consult with other judges to better carry out his or her adjudicative responsibilities. A judge may also consult with court personnel whose function is to aid the judge in carrying out his or her adjudicative responsibilities. Canon 3 B(7)(c), Code of Judicial Conduct. Fla. Fam. L.R.P. 12.003(a)(2) allows judges to confer for the purpose of case management and case coordination.

-----------------------------------------------

 

[goheels22002]

I'm not a judge and didn't stay at a Holiday Inn but I Volinized this gem....that seems on point...At least in Florida though I assume it applies on a Federal level as well...

http://www.flcourts.org/resources-a...its/legal-toolkit/judicial-communication.stml

Communication Between Judges

Question:

To what extent can judges communicate with other judges regarding case management and case coordination?

Answer:

A judge may consult with other judges to better carry out his or her adjudicative responsibilities. A judge may also consult with court personnel whose function is to aid the judge in carrying out his or her adjudicative responsibilities. Canon 3 B(7)(c), Code of Judicial Conduct. Fla. Fam. L.R.P. 12.003(a)(2) allows judges to confer for the purpose of case management and case coordination.

-----------------------------------------------

That's helpful, but can they discuss the substance of the cases they are hearing and any relevant precedents? That's not clear from the phrase: "allows judges to confer for the purpose of case management and case coordination."