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

[SVN]

Bill Simmons ‏@BillSimmons 17m17 minutes ago
If it was raining on me right now, and the NFL told me it was raining on me... part of me would wonder if it was raining.
Patrick McDonald ‏@Saintspat 49s49 seconds ago
@BillSimmons Be thankful you didn't lose Belichick for the whole season like my Saints did. Roger "ignorance is not an excuse" Goodell

Thank god nfl didnt do that. We couldnt even have appealed.

 

[JMC00]

Wait so I saw a bunch of posts talking about the dorito dinks testifying, is this a real thing that is likely to happen? This thread has too many pages for me to figure out where the source is.

Unless they are willing to testify I doubt it, especially at Wednesday's hearing. Doubt Berman would order them and if he did I think it would be too short of a notice for Wednesday given that neither live in New York.

 

[SVN]

via reddit on NFLPA filings
https://www.reddit.com/r/nfl/comments/3h12l3/nflpa_comes_out_swinging_tonight/
"I hope they know their audience, because a lot of judges get pissed off by that kind of vitriolic language in the filings."

 

[raduray]

Has the NFL filed yet? If not, why did the PA file early and give them a chance to adjust their filing?

 

[TommyD4207]

via reddit on NFLPA filings
https://www.reddit.com/r/nfl/comments/3h12l3/nflpa_comes_out_swinging_tonight/
"I hope they know their audience, because a lot of judges get pissed off by that kind of vitriolic language in the filings."

Kessler's been trying cases since before his defendant was born.

I think he's got it under control.

Has the NFL filed yet? If not, why did the PA file early and give them a chance to adjust their filing?

Good question, truly. I dunno, I guess Kessler's all "Well, what could they possibly say?"

 

[SVN]

Bill Simmons ‏@BillSimmons 3m3 minutes ago
This Bountygate piece from 3 years ago by @stephstradley is a fascinating re-read. http://www.stradleylaw.com/saints-bountygate-litigation-the-death-reason/…

 

[JMC00]

via reddit on NFLPA filings
https://www.reddit.com/r/nfl/comments/3h12l3/nflpa_comes_out_swinging_tonight/
"I hope they know their audience, because a lot of judges get pissed off by that kind of vitriolic language in the filings."

Who cares about what some idiot seahawks fan opinion is

 

[SVN]

Has the NFL filed yet? If not, why did the PA file early and give them a chance to adjust their filing?

Dont think they care anymore .

 

[SVN]

The tone of this filing probably reflects the settlement talks IMO.

 

[smurfalarm]

Unless they are willing to testify I doubt it, especially at Wednesday's hearing. Doubt Berman would order them and if he did I think it would be too short of a notice for Wednesday given that neither live in New York.

Thanks, that's what I figured, but it seemed to be entertained as a serious possibility earlier in this thread and I wasn't really sure where it was coming from.

 

[PatsFanSince74]

What I was implying (poorly) is that all those actions may have already been undertaken, but not revealed publicly. It's also possible that M&J may have agreed to testify without needing to be compelled. Of course, it's also possible that ESPN is once again blowing hot air.

ESPN? Blowing hot air? Nah.
Not to worry, we're all on the same side!

 

[PatsFanSince74]

Here:
http://thesportsesquires.com/wp-content/uploads/2015/05/The-Nflpa’s-Memorandum-Of-Law-In-Opposition-To-The-Nfl’s-Motion-To-Confirm-Arbitration-Award.pdf

Thanks. Just printed it out and am going to read it with a Friday night Martini.

 

[Bobs My Uncle]

Has the NFL filed yet? If not, why did the PA file early and give them a chance to adjust their filing?

The NFLPA probably knew the NFL hadn't yet figured out what the "=" meant in the equation PV=nRT .... so why worry.

 

[woolster22]

Thanks. Just printed it out and am going to read it with a Friday night Martini.

You should keep a celebratory cigar and clean up towel on hand as well...

 

[fumbrunner]

 

[PatsFanSince74]

via reddit on NFLPA filings
https://www.reddit.com/r/nfl/comments/3h12l3/nflpa_comes_out_swinging_tonight/
"I hope they know their audience, because a lot of judges get pissed off by that kind of vitriolic language in the filings."

Let me put it this way as someone who has lived in NYC for 25 years and who has been right on the money in his read of Judge Berman for the last two weeks: Jeffrey Kessler and Richard Berman grew up speaking the same language. You could see it in the way Berman sparred with Kessler a couple of times on Wednesday; someone who didn't understand what was going on would have thought that Berman was angry when he quipped at one point that he wasn't sure he should ask a question because Kessler was taking so long to answer the last one; he was playing with him. It's a language that Wells just doesn't speak and that Goodell would find foreign. That's not to say that Berman won't skewer Kessler if he takes issue with a point of law in Kessler's brief, but, from what I've seen so far of the brief, that kind of language is a mode of discourse with which they are both familiar.

 

[fumbrunner]

Daniel Wallach ‏@WALLACHLEGAL 8m8 minutes ago
Daniel Wallach retweeted Daniel Wallach

Court win by Brady & NFLPA comes down to classic contract interpretation law: https://twitter.com/WALLACHLEGAL/status/632333385474572288…. Slam dunk

Daniel Wallach added,

Daniel Wallach @WALLACHLEGAL
"A specifically applicable disciplinary policy controls over general provision that certain behavior might be deemed “conduct detrimental"

Wallach seems to be confident. Anyone able to put this in layman's terms?

 

[TommyD4207]

Wallach seems to be confident. Anyone able to put this in layman's terms?

There's a section in the CBA which specifically specifies for an "equipment violation which affects the Competitive Integrity of the Game". A first time offense is a fine of $8,268. This is what Brady was suspended for, according to Troy Vincent's letter.

So the point is, if the judge does indeed buy what the NFL is selling, this specific fine would overrule any general idea for a punishment that the league just made up.

 

[Pats2000]

Wallach seems to be confident. Anyone able to put this in layman's terms?

Yes, when you write a contract and have two clauses that are in any way contradictory, the clause with specific language takes precedent over the clause with general language. That's contract law 101. The clause for equipment violations is specific, the clause for conduct detrimental is vague. Equipment clause should take precedent in this case.

 

[Bruins29]

What Tommy said. Policy trumps provision.

In the normal world anyway. Not sure if we live there anymore.