Official Brady vs. NFL Federal Court 8/12 Thread (LIVE UPDATES)

[Patsfanin Philly]

Absent the two principles, this case will not b concluded 8/19

Actually it's the two principals but only one has principles...and we know which is which......

 

[adam941]

I believe they'd have to give that up, if I recall correctly. Don't know if they'd get back their own, if they do trade for one, though. I think if they trade for a #1 in 2016, they have to give up whatever one is higher, their own or the one they traded for. Naturally, it'd be the traded for one since they're winning the SB again.

Then it should be a first and second in 2017.

Also, judge don't make rulings based on who in their court room has been the nicest. If there is something that the judge perceives as 50/50 or close to it, sure, he'll push it in the direction he wants. But I don't think there are many legal questions that a judge would determine as 50/50.

I think he's excused both Brady and Goodell because he sees no benefit. I think he's as close as possible to having made up his mind, will hear oral arguments next Wed, dismiss everyone and submit his ruling in about a week.

 

[5thRing-Hunt]

I would love to be a fly on the wall in these settlement talks. I read somewhere they were talking for two hours today. About what?? I mean the lawyers for the nfl say Brady must admit guilt and then the lawyers for Brady point out that the nfl lawyers told judge Berman that there was no evidence Brady did anything bad with footballs during the game in question. Ok that takes about 30 seconds. What else did they talk about?

 

[scott99]

I would love to be a fly on the wall in these settlement talks. I read somewhere they were talking for two hours today. About what?? I mean the lawyers for the nfl say Brady must admit guilt and then the lawyers for Brady point out that the nfl lawyers told judge Berman that there was no evidence Brady did anything bad with footballs during the game in question. Ok that takes about 30 seconds. What else did they talk about?

Their lunch orders.

This reminds me so much of the NHL lockout, with little snippets of info coming out, my hopes crushed, then my hopes go up again. I remember that bonehead who covers the Patriots (can't remember his name), saying he was told the lockout was over, and that was like a month and a half before it actually ended. Just every story gives you hope, but in reality, we have no friggen idea what is really happening behind closed doors.

 

[Patsfanin Philly]

While the judge isn’t requiring Brady and Goodell to show up, I wonder if either or both will show up. Let Kessler tell Pash/Nash etc that Brady will be in WV practicing and sneak him on a jet to be in the courtroom, “to show Judge Berman that he understands the gravity of the situation.”

Then again the NFL could (and likely would) try the same thing telling Kessler that Goodell will be in his office attending to other matters and they rush him to the courthouse “to show Judge Berman”…



I wonder if this is the judge’s way of saying, “ I have heard from both of them in chambers and there is nothing more to be gained by having them in court”…Goodell must be relieved not to have to testify…..

 

[goheels22002]

I want to like today's action but I just can't get my heart into it given that things have broken against NE at every single decision point in this entire debacle

My big worry is that:
(a) Berman knows Brady got royally screwed
(b) But he feels that law + CBA language will force him to rule for NFL.
(c) Therefore he's being tough with the NFL to try to push things towards a just outcome (i.e. settlement mostly in Brady's favor) because if he's forced to render a decision he knows he will not be able to provide such an outcome.

Berman handed the NFL their collective ass yesterday with his questions about direct evidence and whether their was a conspiracy even though there were no specific texts about or on the day of the one game in question. He narrowed deflategate to the one game.

Seeing no compelling evidence that Brady did anything to violate the CBA, Judge Berman knows the entire proceeding was illegal. Brady was a) punished for equipment tampering that does not apply to players in the CBA, b) wrongly accused of equipment tampering, and therefore gaining an unfair competitive advantage that the investigation did not prove, c) accused of an infraction that the NFL categorized as harming "the integrity of the game" which could not have occurred if a) and b) did not occur, and d) punished for the red herring of not turning over his personal telephone that the disciplinary guidelines in the CBA do not address.

There are numerous procedural errors in the NFL's handling of the case from the very beginning up to, and including, the appeal where the "independence" and claims of attorney-client priviliege were spouted in front Goodell, a non-lawyer. In court, before a real judge, Nash would have been ordered to answer Kessler's questions or threatened with contempt. The douche participated in the investigation, edited the Wells Report, and then pretends to be representing his client in a hearing in which the content of his report is at issue.

http://www.breitbart.com/sports/2015/08/09/the-nfls-kangaroo-court-wont-stand-in-federal-court/

Judge Berman assigned a real pro to mediate this dispute. If they don't reach a compromise (which I can't imagine what that might be), he's going to clobber the NFL for being a pathetic employer, and admonish the NFL and NFLPA to clear up the disciplinary procedures in the CBA.

 

[goheels22002]

FWIW...

Michael McCann‏@McCannSportsLaw
Alan Milstein, who's litigated against NFL and tried cases before Judge Berman, told me: “Berman will absolutely vacate Brady's suspension.”

http://www.si.com/nfl/2015/08/04/tom-brady-appeal-roger-goodell-ted-wells-transcript

 

[SVN]

Stephanie Stradley ‏@StephStradley 1h1 hour ago
.@BFoley82 @CEs_Mustache No, Goodell is not a lawyer. I'm not sure what he'd be qualified to do if he didn't work for the NFL tbh.

classic !

 

[SVN]

Berman handed the NFL their collective ass yesterday with his questions about direct evidence and whether their was a conspiracy even though there were no specific texts about or on the day of the one game in question. He narrowed deflategate to the one game.

Seeing no compelling evidence that Brady did anything to violate the CBA, Judge Berman knows the entire proceeding was illegal. Brady was a) punished for equipment tampering that does not apply to players in the CBA, b) wrongly accused of equipment tampering, and therefore gaining an unfair competitive advantage that the investigation did not prove, c) accused of an infraction that the NFL categorized as harming "the integrity of the game" which could not have occurred if a) and b) did not occur, and d) punished for the red herring of not turning over his personal telephone that the disciplinary guidelines in the CBA do not address.

There are numerous procedural errors in the NFL's handling of the case from the very beginning up to, and including, the appeal where the "independence" and claims of attorney-client priviliege were spouted in front Goodell, a non-lawyer. In court, before a real judge, Nash would have been ordered to answer Kessler's questions or threatened with contempt. The douche participated in the investigation, edited the Wells Report, and then pretends to be representing his client in a hearing in which the content of his report is at issue.

http://www.breitbart.com/sports/2015/08/09/the-nfls-kangaroo-court-wont-stand-in-federal-court/

Judge Berman assigned a real pro to mediate this dispute. If they don't reach a compromise (which I can't imagine what that might be), he's going to clobber the NFL for being a pathetic employer, and admonish the NFL and NFLPA to clear up the disciplinary procedures in the CBA.

I hope next wed he asks the questions about the CBA use/abuse . He left that out completely yesterday.

 

[Galeb]

Stephanie Stradley ‏@StephStradley 1h1 hour ago
.@BFoley82 @CEs_Mustache No, Goodell is not a lawyer. I'm not sure what he'd be qualified to do if he didn't work for the NFL tbh.

classic !

Walmart Greeter and Inquisitor are the only professions that come to mind.

 

[PatsSox363804]

Stephanie Stradley ‏@StephStradley 1h1 hour ago
.@BFoley82 @CEs_Mustache No, Goodell is not a lawyer. I'm not sure what he'd be qualified to do if he didn't work for the NFL tbh.

classic !

There really is no greater example that I can think of off the top of my head of a guy who was born on third base and thinks he hit a triple. Maybe Irsay but he's just a dipshit, Goodell is pure evil.

 

[raduray]

Absent the two principles, this case will not b concluded 8/19

Not true. Absent the pricipals, the negotiations are over. The 8/19 session will be formal arguments by the lawyers to be followed by Berman's ruling at a later date.

 

[TheBostonStraggler]

Funny, too, because the NFL stands to lose a lot here. I think there might be a bit of a conflict of interest between the league and Goodell here. Goodell would probably rather lose than compromise, since the latter would be more damaging to his hardline image.

But the league has to be pretty scared right now. If the judge actually rules against them, a significant part of the commissioner's perceived authority could basically be neutered on the spot (pending appeals). If the judge explicitly rules against the NFL's interpretation of Article 46 as "I can do whatever I want whenever I want for any or no reason", in a case as high-profile as this one, it should embolden all players who are suspended under similar charges in the future.

I think that is a good point. I'm not sure there is a lot of upside for the owners here. Quite honestly if it just went away would be the ideal for most owners. However, for Goodell this is a BFD. He is going to fight this until such time a higher power, a judge, tells him "you lost, go away".

 

[Deus Irae]

Absent the two principles, this case will not b concluded 8/19

Not true. Absent the pricipals, the negotiations are over. The 8/19 session will be formal arguments by the lawyers to be followed by Berman's ruling at a later date.

 

[FourierSeries]

Stephanie Stradley ‏@StephStradley 1h1 hour ago
.@BFoley82 @CEs_Mustache No, Goodell is not a lawyer. I'm not sure what he'd be qualified to do if he didn't work for the NFL tbh.

classic !

Goodell has a degree in economics. Which means he's used to making up **** that has no basis in reality and to manipulate stats to fit his theory.

 

[PatsWickedPissah]

In what principality will this occur?

 

[YOUGOTMOSSED]

I think that is a good point. I'm not sure there is a lot of upside for the owners here. Quite honestly if it just went away would be the ideal for most owners. However, for Goodell this is a BFD. He is going to fight this until such time a higher power, a judge, tells him "you lost, go away".

The potential defamation case by the Patriots and Brady (in a MA venue) over the false psi leak (and refusal to retract) should be a real matter of concern to the owners.

The ideal scenario is Brady/NFLPA prevail and the award gets vacated. Then, Patriots/Brady threaten defamation action NFL unless the picks are returned, Goodell is canned, and the NFL office is purged of the Jet influence. NFL agrees. Brady proceed with action against Goodell resulting in Goodell's financial ruination. Justice prevails!

I can dream, can't I?

 

[Pigskin Pete]

Goodell has a degree in economics. Which means he's used to making up **** that has no basis in reality and to manipulate stats to fit his theory.

I just cannot think of a scenario under which he survives (the owners may wait a few months to no make it totally obvious that they are all in this cluster together at exactly the same time).

 

[raduray]

Steph is on a roll!

Stephanie Stradley ‏@StephStradley 4m4 minutes ago
NFL position is deranged MT @riverhawk02 NFL atty on record in Berman's courtroom saying theres no direct evidence, yet NFL insists on guilt

Hate to be a spoilsport, but circumstantial evidence can be enough to convict. Not saying there's enough of it in this instance, but this exuberance over lack of direct evidence is irrational. Expected better of Steph Stradley. The NFL's case has always been built on inference and lack of direct evidence has been known for quite awhile.

 

[flasox27]

I just cannot think of a scenario under which he survives (the owners may wait a few months to no make it totally obvious that they are all in this cluster together at exactly the same time).

I beg to differ. Goodell is a biased corrupt POS but he is a survivor like a ****roach. People outside New England hate him but they hate the Pats more so what he is doing is popular among the owners of 31 teams , their fan bases and the national mediots. This is not like the Rice fiasco where he is giving a wrist slap to a wife beater. Thjat was a case where he was vulnerable and guess who was his first and most vociferous supporter. Goodell has not lost the support of the people that count, Rooney and Mara. Believe it or not even after the abusive treatment , Kraft has not taken any action against Goodell only his henchmen. Keep in mind that even if Brady wins Kraft has already submitted the Pats to another shafting in giving up the picks.