Kessler outlines NFLPA's appeal

[DaBruinz]

Not sure who pointed it out to MCI, but he mentioned in a tweet that the Brady Lawsuit points out that no Dolphins players were suspended/punished for being "generally aware" of the Incognito situation.

 

[Sciz]

http://www.washingtonpost.com/news/...l-in-court-legal-experts-say-its-a-long-shot/

Differing opinions on bradys chances. All dependent on a judges opinion.

"You have to show fraud or undue bias to overturn an arbitration. You can’t do that here."

I really can't help but question some of the things all of these legal "experts" say. Goodell rejected all of the arguments that Goodell messed up. How is that not undue bias?

 

[DaBruinz]

I meant exactly what I said.

I assumed that its readers would be people of at least average intelligence and good will. Admittedly, on a board as popular as this one, that assumption is not 100% accurate.

Clearly you forgot the age old adage about making assumptions..

Not only that, you make the claim that the people of said board were only swayed by Goodell's BS verdict that was not well written and was shyte..

Maybe you should have read Goodell's garbage yourself so you could understand why it is shyte. Then maybe you could understand that anyone with average intelligence wouldn't be swayed by it and would see it for the shyte that it is.. But, that might be asking too much of you..

 

[Blackluck]

There are plenty of people whose intelligence and reasoning I greatly respect that think Brady and the Pats are guilty. Which is totally confounding because if anyone no matter what their view of the Pats may be gave this a moments thought would realize the sham this whole ****show is and all orchestrated by NFL HQ.

That this is true is I think due to 1) confirmation bias ("The Pats are cheaters" - born from a fundamental misunderstanding of Spygate, largely due to media histrionics) 2) it's sports and not many give it that much thought and finally 3) the power of propaganda.

It's actually very scarey just how effective the latter can be (even though history shows us the results. It's like we as a species are incapable of learning.)

Anyway. From a legal standpoint, doesn't Doty's prior judgements set precedent for the current judge to follow as he arrives at a legal decision?

 

[juny]

Not sure who pointed it out to MCI, but he mentioned in a tweet that the Brady Lawsuit points out that no Dolphins players were suspended/punished for being "generally aware" of the Incognito situation.

Or jets kicking ball violation

 

[TheBostonStraggler]

Hes lost in federal court many times which is why I am optimistic. The issue is that the NFLPA hasn't asked/pushed for an amendment to the CBA calling for a more transparent, less draconian process. IE- there is no teeth to bite the NFL if it screws up.

Agreed RW. Unless I mistake past case/procedure specifics, it is firmly on the books that Goodell has a distinct limit on his power to decide punishment. So I have been optimistic on Brady prevailing on reduction of the punishment. However that optimism is lesser now because new, and sanctioned, punishment authority verbiage is in place, and because Goodell is blatantly using Brady/deflategate to launch a Barbarossa level offensive to define greater power and authority. Their looking to blaze a new legal/procedural proof trail that allows him to hand out punishment much more arbitrarily. Unfortunately, I assume, Goodell's legal team is good enough to possibly make that happen(hopefully their offensive will be as epic a failure as Barbarossa was).

On the NFLPA request, that's a non starter. The NFL isn't going to give up a scintilla of power without a brawl. I think it is a non starter to look for any amendment to the existing agreement. This kind of change will only happen when the CBA expires/the next negotiation begins, and the NFLPA demands/holds out for that blatant and obvious need for a neutral third party arbitration requirement for all suspension level punishments.

 

[DarrylS]

From the onset have questioned the need for Brady's cell phone as they had Jeremsky and McNally's phone, there was never any indication that another party was involved..

Did they ask for everyone's cellphone in the NFL Offices when they investigated the Ray Rice fiasco?? The selective rule enforcement, changing the rules and then overreach for penalties might be deciding factors..

 

[RobertWeathers]

Agreed RW. Unless I mistake past case/procedure specifics, it is firmly on the books that Goodell has a distinct limit on his power to decide punishment. So I have been optimistic on Brady prevailing on reduction of the punishment. However that optimism is lesser now because new, and sanctioned, punishment authority verbiage is in place, and because Goodell is blatantly using Brady/deflategate to launch a Barbarossa level offensive to define greater power and authority. Their looking to blaze a new legal/procedural proof trail that allows him to hand out punishment much more arbitrarily. Unfortunately, I assume, Goodell's legal team is good enough to possibly make that happen(hopefully their offensive will be as epic a failure as Barbarossa was).

On the NFLPA request, that's a non starter. The NFL isn't going to give up a scintilla of power without a brawl. I think it is a non starter to look for any amendment to the existing agreement. This kind of change will only happen when the CBA expires/the next negotiation begins, and the NFLPA demands/holds out for that blatant and obvious need for a neutral third party arbitration requirement for all suspension level punishments.

Yes- he has limits. He also needs to follow a process which on numerous occasions he hasn't.

 

[JMC00]

Did they ask for everyone's cellphone in the NFL Offices when they investigated the Ray Rice fiasco?? The selective rule enforcement, changing the rules and then overreach for penalties might be deciding factors..

Yes Muller did and goodell refused to give it.

Also Stephen Gostowski refused to hand over his cell phone in this investigation and went unpunished. If you're gonna punish Brady for "non-cooperation" and don't want to make this look like you were just out to get Brady might have been a good idea to punish Gostowski as well.

 

[mrscruff]

Daniel Wallach ?@WALLACHLEGAL 5h5 hours ago
My summary of Brady's and NFLPA's legal arguments (from Friday's court filing), via Sports Law Blog: http://bit.ly/1VXNeiv #DeflateGate

https://twitter.com/WALLACHLEGAL/status/628586874513174528

Links to:
http://sports-law.blogspot.co.uk/2015/08/synopsis-of-brady-and-nflpa-legal.html

which in turn links to:
http://www.bplegal.com/webfiles/CLIFF NOTES VERSION_8_03_15_v5.pdf

 

[AzPatsFan]

Kessler's explanation was so clear that even a Colts fan could understand it.

Maybe the Colts fan could even understand it well enough to explain it to a Jets fan.
Maybe.
If he had hand puppets.
And if he focused on using one and two syllable words.

Don't forget in speaking to a Jester fan he must use scatological adjectives every second or third word, too.