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The appeal before the Second Circuit will (a) be based only the official case record and nothing else, and (b) will be solely about whether or not Berman interpreted law and precedents correctly.
The only way this even potentially comes into play is if (a) CA2 finds for the NFL and remands to Berman, (b) Berman decides he needs to reach the "evident partiality" claim, and (c) the agreement that the NFL and NFLPA made to confine the case to the arbitration hearing record and not seek discovery is allowed to be revoked.
They want BB's head. Thats what it has been since 2007.never in my life has a team been penalized first round picks and fined millions of dollars, and it has been critized as being a "light penalty"
The patriots have "gotten off easy" twice now, no other team in the league has been docked a #1, despite constant issues with cheating throughout the league.
Maybe he will coach into his 70's after all, just to spite those that want him gone?They want BB's head. Thats what it has been since 2007.
what they said was all off the record. doesn't mean anything for the appeal.Think about what "NFL owners forced Goodell's hand in punishing Brady/Patriots because of Spygate 8 years Ago" means for the appeal case.
Any appeal case was sunk, more precisely DOA, the moment Berman ruled in Brady's favor in the way he did.
Today's coordinated attack (Goodell interview, SI, ESPN) is an indicator the NFL believes the appeal is all but useless. Hence they are going back to a place they believe, or know, they can win, propaganda and media.
Put another way, if they won before Berman would this coordinated attack happen? If they felt confident in their appeal case would this coordinated attack happen? Why would it if they won or confident they are going to win? No need to stick their necks out in the unlikely case the propaganda backfires. They can just sit back and let the win do the talking.
If Goodell's statements were to be used in a court of law, under a lawsuit of some sort, I would bet on
-- The continued description of the Wells-Pasch investigation as "independent" for misleading the public
-- Claiming Jastremski and McNally were not suspended under pressure from the League in individual suits for defamation or wrongful termination
Yes. This was supposed to be a pile on piece about how everything pats do is cheating .I think we would still see these articles today. The authors of the ESPN piece claimed to have interviewed 90 people for the article. They didn't just start that process last Thursday afternoon. I think these articles were prepared in anticipation of the league winning in court. When they lost, they had to re-write them to downplay the current "gate" and emphasize the one from 2007.
Maybe he will coach into his 70's after all, just to spite those that want him gone?