MLB Arbitration overturned over issue of fairness

[raduray]

Professional leagues are going to have to come to terms with this radical new concept - fairness.
Although a district court case, hopefully this is a harbinger of the pending Deflategate appeals decision.

MLB slammed for its "utter lack of concern for fairness" in its arbitration with the Orioles

 

[woolster22]

And Booster Seats capitulation looks even worse...good thing you appealed you limp ****ed, spineless, lush.

 

[XLIX]

Article says:

"The court had a hard time getting to that point because it could literally not find another example where the entity which ran the arbitration, here MLB, allowed for the arbitrators and one of the parties to have such a blatant conflict of interest."

Gee, I can think of another example....

 

[VectorPrime]

And Booster Seats capitulation looks even worse...good thing you appealed you limp ****ed, spineless, lush.

It's been obvious for months now that it wasn't that Bob didn't feel that he could appeal, it's that he didn't want to appeal. Because at the end of the day he, and the other owners and executives within the league benefit from this crony system of justice.

 

[raduray]

Article says:

"The court had a hard time getting to that point because it could literally not find another example where the entity which ran the arbitration, here MLB, allowed for the arbitrators and one of the parties to have such a blatant conflict of interest."

Gee, I can think of another example....

For the lawyers here, can you use another district court decision, one that is still subject to appeal, as a precedent?

 

[ThatllMoveTheChains!!!]

And Booster Seats capitulation looks even worse...good thing you appealed you limp ****ed, spineless, lush.

But the independent investigation found the Patriots did nothing wrong. It doesn't get more fair than that... well okay maybe not punishing them despite that.

 

[QuantumMechanic]

For the lawyers here, can you use another district court decision, one that is still subject to appeal, as a precedent?

Depends what you mean by "precedent". If you mean "something another judge did that might convince the judges you're in front of", sure. If you mean "the judges in front of you have to do the same thing that judge did" (i.e. binding precedent), no.

 

[raduray]

Depends what you mean by "precedent". If you mean "something another judge did that might convince the judges you're in front of", sure. If you mean "the judges in front of you have to do the same thing that judge did" (i.e. binding precedent), no.

But can it be cited?

 

[XLIX]

But can it be cited?

IANAL, but I think you can cite anything you darn well please. However, the judges may disregard a state ruling in a federal appeals court.

Still, I like that this judge make pretty much the exact ruling we got from Berman and want upheld.

 

[memento]

While Clement is citing baseball movies for the NFL appeal brief, Kessler will be citing this actual court cases on sports arbitration.

 

[PatsFanSince74]

While Clement is citing baseball movies for the NFL appeal brief, Kessler will be citing this actual court cases on sports arbitration.

Is Kessler doing the Appeal solo? Aren't there specialists in Appellate procedures (like Clement) who usually take it to the next level?

 

[memento]

Is Kessler doing the Appeal solo? Aren't there specialists in Appellate procedures (like Clement) who usually take it to the next level?

Mostly Kessler. Some members of his firm like David L Greenspan have sat in and people with the NFLPA like DeMaurice Smith, but it's mostly Kessler's case under the discretion of Brady and the NFLPA.

I think it was McCann who said he didn't expect Brady's team to hire more lawyers for the 2nd Circuit, mostly because they won the last one.

 

[PatsFanSince74]

Mostly Kessler. Some members of his firm like David L Greenspan have sat in and people with the NFLPA like DeMaurice Smith, but it's mostly Kessler's case under the discretion of Brady and the NFLPA.

I think it was McCann who said he didn't expect Brady's team to hire more lawyers for the 2nd Circuit, mostly because they won the last one.

That makes sense. They also have the option of adding Counsel when they see who the judges are.

 

[Onedaful]

But can it be cited?

It could, but only as persuasive.

 

[RobertWeathers]

It's been obvious for months now that it wasn't that Bob didn't feel that he could appeal, it's that he didn't want to appeal. Because at the end of the day he, and the other owners and executives within the league benefit from this crony system of justice.

No question. This has become clear.

Whether Bob philosophically believes in NFL tyranny or is pressured by the good-ole-buy network to comply is still unclear to me.

Actions speak louder than words....