NYT about Berman

[PatsFanSince74]

The easiest thing for this judge to do is call Brady, Jastremski, and McNally to court, put them under oath and ask them if they purposely deflated the balls after the refs had set them at the demand of Brady. When they answer no. Case closed. Everyone go home....

But wait, now put Gooddell on the stand and ask him if this whole thing was a sting to frame the pats - and I guarantee that he will take the 5th!

No, I think he'd answer, a la Bill Clinton, "I did not conduct a sting to frame that man, Tom Brady, because it all depends on what the meaning of 'sting' and 'frame' is."

 

[YOUGOTMOSSED]

There has been a lot of speculation on this site about what the judge means between the lines of his memo, how he thinks, what he will be angry about, and even what he will do about it, by people who really have no clue. (We ALL have no clue, but some are claiming they do)

The fact that courts don't like to hear arbitration cases is interesting to consider but irrelevant to this case. Courts don't like to let murderers go, but when due process is violated they do it any way. In other words, whether the standard is high or not doesn't speak to whether the standard is met.

I think that Brady would have a wonderful case about guilt or innocence, but that isn't at issue here.
I think Brady has an iron clad, slam dunk case that the arbitration of the decision was not fair, reasonable, or consistent with the CBA, the law of shop, or the labor laws in this country.

I wish you were the judge on this, Andy

I think Kessler's team did a good job setting forth the legal basis to vacate the decision so the judge has a solid legal basis to go that way if the NFL wants to try to make this a "stubborn contest." If Goodell's stubbornness isn't just posturing, I hope his refusal to come to the table will p*ss off the judge to the point where the hammer will come down on the NFL.

The ideal settlement option would be for Brady to agree to donate an agreed upon amount (a "fine") to a worthy cause and to waive any defamation claims in exchange for full exoneration.

The next best thing is to give the case to a true neutral arbitrator both sides are happy with (if they can actually agree on someone).

I really don't see a third option both sides can live with.

 

[Ring 6]

I wish you were the judge on this, Andy

I think Kessler's team did a good job setting forth the legal basis to vacate the decision so the judge has a solid legal basis to go that way if the NFL wants to try to make this a "stubborn contest." If Goodell's stubbornness isn't just posturing, I hope his refusal to come to the table will p*ss off the judge to the point where the hammer will come down on the NFL.

The ideal settlement option would be for Brady to agree to donate an agreed upon amount (a "fine") to a worthy cause and to waive any defamation claims in exchange for full exoneration.

The next best thing is to give the case to a true neutral arbitrator both sides are happy with (if they can actually agree on someone).

I really don't see a third option both sides can live with.

I don't see a settlement happening unless the judge pretty much comes out and tells one side they will not like what happens if they do not.
If it goes to his ruling, I see no reasonable way he can conclude that the NFL adhered to the CBA, that Goodell's rulings (including on motions) were anything but assinine, that the appeal was fair, that Goodell acted within his rights as arbitrator to change the cause of guilt, among other things, not to mention finding a union member guilty because they did not turn over possessions that the CBA does not give you subpoena power to compel.
To rule against Brady is to say that the NFL can assess any situation as a violation, send it to a non-independent investigation, rule guilt, then on appeal, dismiss all arguments by the player, allow Goodell to make the decision, and reject the NFLPAs motions without hearing, then when it looks as if the league has a case in court, change the circumstances for which the punishment was issued.

Essentially the NFL is saying it can do whatever it wants to players, and the courts can only sit powerless.

 

[luuked]

To rule against Brady is to say that the NFL can assess any situation as a violation, send it to a non-independent investigation, rule guilt, then on appeal, dismiss all arguments by the player, allow Goodell to make the decision, and reject the NFLPAs motions without hearing, then when it looks as if the league has a case in court, change the circumstances for which the punishment was issued.

Essentially the NFL is saying it can do whatever it wants to players, and the courts can only sit powerless.

I think almost everyone agrees that the entire situation is beyond screwed up and wrong.

However, the question is whether the NFLPA messed up protecting their members when negotiating the CBA so badly that situations like this one are legal to occur. While Goodell and his entire NFL cabal went apeshit crazy there is also enough blame to be placed upon the NFLPA leadership as well.

 

[reflexblue]

I think, I hope, that this forum is well aware of this salient point.
No matter how it resolves, TFB is a cheetah to most of the country.
Suck it, fans of the 31!

A cheetah WTF, He can't run that fast.

 

[nowayback]

Statistics seem to say that its rare for an arbitration ruling to be over turned, however I doubt many cases that make it to Berman are about some stolen "paper clips" !!! Law is the law but I am sure Berman thinks this is ridiculous . And yes its not about psi, but I cant help but think if he believes the science that it will play a role in his decision . Worst case scenario for me is he sends it back to arbitration with a neutral arbitrator .
ps I don't want Brady to accept any suspension, not even 1/2 a game ,fine I don't care so much . Admit guilt for nothing.