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NFL final appeal brief filed

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Don't forget threatening an opponent with Baseball bats whilst hurling homophobic insults at them. Or a WR launching himself at an opponents head after the play is dead.

We can't have people talking about that now, can we?!

According to many here, that stuff is completely fine because they're grown men and should be able to deal with it.
 
This sums up the problem pretty well...
We’re supposed to view the court system as a complex, sophisticated, and ultimately fair process for dispensing justice. In too many cases, it’s a sausage factory, with the links processed not based on their actual ingredients but by the inclinations of whoever is stuffing the casings./QUOTE]
 
According to many here, that stuff is completely fine because they're grown men and should be able to deal with it.

And they do deal with it. Literally after every single play. The Giants made a smart play in appealing to the PC and constantly offended crowds to try to shift sentiment to Beckham's favor. It's clearly working. Kudos to the Giants' PR department.
 
I disagree with your claims (1) and (2):

(1) An appellate court (why are you apparently randomly capping this and other phrases?) would not be reluctant to reverse a lower court if the lower court decision is reviewed de novo. That ipso facto is what "de novo" is supposed to mean. I do not know whether the decision will be reviewed de novo, however, but I believe that this is what the appellants are requesting. Obviously, if a greater standard of deference applies, then the appellate court should give some deference to the lower court.

(2) Your claim about "Federal Court Judges" resenting time-wasting is inapplicable here. First of all, this is about appellate, not district court judges, whereas your claim relates irrelevantly to all of them. Second, this is obviously not a trivial case, either as a matter of law, of financial significance, or of public interest. The vast majority of the appellate caseload will be of far less legal interest or significance than this case; the overwhelming majority of the district court caseload is mindbogglingly dull and inconsequential compared to this.

That's ridiculous! They have federal criminal cases on their docket. Do you really think they appreciate having to take time away from that so they can listen to some overgrown child like Goodell press "the case of the deflated footballs?"

Based on some of the other federal decisions I've read, it doesn't sound like Goodell is endearing himself to the Feds. If Goodell was going to make a "power play," he couldn't have chosen a more ridiculous fact pattern to base it on. If the Feds want to put Goodell is his place once and for all, here's their golden opportunity.

Why are you splitting hairs about my clumping together DC judges and CA2 judges under the term "federal judges'? This is a fan site for Pete's sake.

I'm going to go out on the limb and guess you were "that guy" in law school.
 
That's ridiculous! They have federal criminal cases on their docket. Do you really think they appreciate having to take time away from that so they can listen to some overgrown child like Goodell press "the case of the deflated footballs?"

While the situation that gave rise to the case is ludicrous, the case is an interesting one about the limits and interactions of arbitration and labor law. And it has plenty of potentially significant ramifications outside of the NFL.
 
Awesome article, well worth the time... pretty happy about the comments section - mostly intelligent, level headed, informed opinions with the lame haters few and far between with nothing of substance to offer (I know, shocker..)
 
This thing lost me in the first sentence when they began complaining about the failure "to enforce the Commissioner’s eminently reasonable decision."

Eminently reasonable. Yes, that's what I'd call it
 
Michael McCann?@McCannSportsLaw
In new court filing, NFL portrays Tom Brady as engaging "unique & aggregate misconduct." Seems like NFL portrays Brady worse in every brief.
 
When the NFL loses, can Brady go after them for defamation or is that just a protracted legal battle he should leave alone?
 
When the NFL loses, can Brady go after them for defamation or is that just a protracted legal battle he should leave alone?

He could probably go After Espn easier than the league but won't go After either so it can end.
 
When the NFL loses, can Brady go after them for defamation or is that just a protracted legal battle he should leave alone?

The barrier is not insurmountable, but it's high enough that it simply may not be worth his time and effort.

Besides, I think Brady would rather embarrass the league on the field.
 
This thing lost me in the first sentence when they began complaining about the failure "to enforce the Commissioner’s eminently reasonable decision."

Eminently reasonable. Yes, that's what I'd call it
They repeated that term 3 or 4 times by my count.
 
And they do deal with it. Literally after every single play. The Giants made a smart play in appealing to the PC and constantly offended crowds to try to shift sentiment to Beckham's favor. It's clearly working. Kudos to the Giants' PR department.

Is it really working? I'm a PC constantly offended nut and Beckham was still in the wrong.
 
While the situation that gave rise to the case is ludicrous, the case is an interesting one about the limits and interactions of arbitration and labor law. And it has plenty of potentially significant ramifications outside of the NFL.

I guess that's one way to look at it.

To me, it's simply the age-old issue of expediency vs. fairness. Sadly, the trend with courts is sacrificing the latter in the name of the former. If the courts go to far with that trend, they lose their credibility and legitimacy.
 
Is it really working? I'm a PC constantly offended nut and Beckham was still in the wrong.

Don't really want to continue derailing the thread, so I'll just post this reply and leave it at that...

When any semblance of the discussion about what Beckham did shifts to whether or not professional athletes should be calling each other "***got" between plays, the Giants PR department has earned it's paycheck.
 
When the NFL loses, can Brady go after them for defamation or is that just a protracted legal battle he should leave alone?

Can't use anything in those briefs as basis for a defamation claim. Court filings are privileged.
 
I really, really, REALLY wish that the entire deflate gate episode was on trial, instead of merely the "process". Just one piece that is pissing me off today (among many):

The NFL, within an hour of its publication on espn.com, issued a rebuttal "correcting" the espn story that the NFL pulled funding from the CTE study at BU. They are well aware what goes up on espn and if there is false information (or information the NFL wants to address) put out there, the NFL has demonstrated that they absolutely will hop right on it and deal with it.

BUT....The Chris Mortensen story, where he claimed that 11 of 12 footballs were under inflated by 2 psi, which turned out to be utterly false, WAS NEVER, EVER, EVER addressed by the NFL. It's almost certain that the NFL is the ones that planted the false story in the first place, but even if not, they could have corrected that immediately, but they didn't. And that story is STILL up on espn.com (Sources: 11 of 12 Pats footballs underinflated), totally uncorrected and unaddressed.

I know we all know this, and this is just rehashing old news, but the way the NFL jumped all over this CTE story just highlights how obvious it is they were completely out to get the Patriots in the deflate gate situation.
 
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