PATRIOTS NEWS Tom Brady, NFLPA Granted 14-Day Extension To File Motion For Rehearing By Second Circuit Court

[The Gr8est]

I wish the Pats had fought CameraPlacementGate this forcefully, maybe Defamegate would have never even happened.

 

[PatsFanSince74]

More often then not, some things are just a coincidence.

This is not.

A powerful law firm like G&D&C has far-reaching influence and mouthpieces.

Yeah, this is as much a "coincidence" as Wells reaching the conclusion that the NFL payed him to reach.

The Olson brief is an indictment of Goodell and the League Office as a duplicitous, deceitful operator.

And, he's just getting started...

 

[PatsFanSince74]

I wish the Pats had fought CameraPlacementGate this forcefully, maybe Defamegate would have never even happened.

That same thought went through my mind when I read the Brief this morning. The difference is that Brady is now primarily calling the shots, not Kraft.

 

[Huckleberry1]

You do have to consider the different tactics involved. Kessler was just trying to get the court to affirm the findings below. Olsen, by contrast, is forced to show that a bigger picture is involved because that is the only hope of getting an en banc re-hearing. So he's forced to fight on different ground than was Kessler.

I do of course agree that Brady would have been better served by getting an experienced appellate lawyer like Olsen in at the outset instead of for this Hail Mary attempt.

It's a well-done brief, but I'm still not optimistic of a success here - the prior odds are just too steep because this circuit so rarely grants an en banc hearing. And I doubt the Supreme Court gets involved here either - just not the sort of case they typically take.

So personally I'm still trying to look on the bright side - a shortened season for Brady is worth something in the post-season. Each game comes with some chance of injury, and 12 instead of 16 cuts that injury chance by 25%.

I think this is written in such a way that they are going to go over CAII if en banc is rejected. Whether or not the Supremes still take it up is anyone's guess. I think they framed it in such a way that millions will be affected by the decision, which makes it compelling to review, but with the Supremes down a Supreme they aren't really looking to add work right now.

 

[QuantumMechanic]

Here's how stays of CA2 decision would work:


If CA2 denies en banc, or allows en banc but then finds against Brady, the suspension is reinstated 7 days after that decision.

However, if the loser before CA2 asks SCOTUS to hear the case ("petition for certiorari") they can ask CA2 for a stay. If CA2 grants the stay, the stay will remain in effect until ultimate disposition by SCOTUS (i.e. SCOTUS declining the request or taking the request and deciding the case).

(Not in that screenshot -- If CA2 won't grant the stay, the petitioner can ask SCOTUS to grant a stay.)

 

[QuantumMechanic]

I think this is written in such a way that they are going to go over CAII if en banc is rejected. Whether or not the Supremes still take it up is anyone's guess. I think they framed it in such a way that millions will be affected by the decision, which makes it compelling to review, but with the Supremes down a Supreme they aren't really looking to add work right now.

Totally agree that they are planning to ask SCOTUS to hear the case if need be.

Two good reasons for that, actually:
1) It keeps alive the chance for an ultimate win
2) It increases the chance of playing another full season before having to serve any suspension.

 

[PatsFanSince74]

You do have to consider the different tactics involved. Kessler was just trying to get the court to affirm the findings below. Olsen, by contrast, is forced to show that a bigger picture is involved because that is the only hope of getting an en banc re-hearing. So he's forced to fight on different ground than was Kessler.

I do of course agree that Brady would have been better served by getting an experienced appellate lawyer like Olsen in at the outset instead of for this Hail Mary attempt.

It's a well-done brief, but I'm still not optimistic of a success here - the prior odds are just too steep because this circuit so rarely grants an en banc hearing. And I doubt the Supreme Court gets involved here either - just not the sort of case they typically take.

So personally I'm still trying to look on the bright side - a shortened season for Brady is worth something in the post-season. Each game comes with some chance of injury, and 12 instead of 16 cuts that injury chance by 25%.

We'll have to agree to disagree on how Kessler handled the Appeal (which, IMO, he shouldn't have been handling in the first place), as that is now ancient history.

We do agree that this isn't a slam dunk. I put it at 50--50 that the Review is granted out of deference to Katzmann and Olson and because the decision was not unanimous. If Katzmann and Olson weren't involved, I think that the Appeal would have been pretty much DOA.

 

[SVN]

wish they had got olson for the 2nd Circuit hearing to combat clement. They missed a step there.

 

[The Gr8est]

wish they had got olson for the 2nd Circuit hearing to combat clement. They missed a step there.

They had Steffan Johnson, but inexplicably chose not to use him.

 

[SHOWTIME15]

wish they had got olson for the 2nd Circuit hearing to combat clement. They missed a step there.

i think kessler was a bit proud there to give the case to someone else.. he probably thought it was "his baby."

 

[PatsFanSince74]

Totally agree that they are planning to ask SCOTUS to hear the case if need be.

Two good reasons for that, actually:
1) It keeps alive the chance for an ultimate win
2) It increases the chance of playing another full season before having to serve any suspension.

The more I think about the Brief and media strategy, the more it looks like they're fighting to win but are also getting ready to lose before CA2, hope that CA8 rules in favor of Peterson and get SCOTUS to hear the case because of a split between two Circuits on an important matter related to Labor Law.

 

[PatsFanSince74]

i think kessler was a bit proud there to give the case to someone else.. he probably thought it was "his baby."

They actually had a very good Appellate Lawyer from Winston and Strawn on the case, but, for some inexplicable reason, he did not get to argue the case before the court.

 

[RobertWeathers]

kessler's firm winston and strawn ain't chopped liver. but appeals is not kessler's strong suit.

....and Kessler obviously isn't chopped liver either.

Just seems to have been a situation where instead of allowing you .290 hitter with an .800 OPS to bat, you really needed David Ortiz to hit for him.

 

[scott99]

I love it the symmetry that Brady's side is leaking the truth, long after the NFL won the early public opinion battle by repeatedly leaking lies.

Yeah, but outside of New England and us fans, do you think the average NFL fan or hater thinks this sways public opinion, or even cares ? Most fans probably are of the mindset that Brady should just accept his suspension so this goes away, most NFL fans think he is guilty anyway, and would never bother to accept what Bray's lawyers are saying as gospel.

Even when Brady won his appeal last August, the haters still called him a cheater. That will never change unfortunately. even if Brady wins again. The damage is done outside of New England. Is it fair, no, but the damage is done. This bias against Brady will never change.

 

[PatsFanSince74]

....and Kessler obviously isn't chopped liver either.

Just seems to have been a situation where instead of allowing you .290 hitter with an .800 OPS to bad, you really needed David Ortiz to hit for him.

What the old saying? "Horses for Courses."
Kessler was the right horse for SDNY but the wrong horse for CA2.

 

[The Gr8est]

The damage is done outside of New England. Is it fair, no, but the damage is done. This bias against Brady will never change.

A successful defamation suit might do the trick.

 

[Gronkowski123]

Yeah, but outside of New England and us fans, do you think the average NFL fan or hater thinks this sways public opinion, or even cares ? Most fans probably are of the mindset that Brady should just accept his suspension so this goes away, most NFL fans think he is guilty anyway, and would never bother to accept what Bray's lawyers are saying as gospel.

Even when Brady won his appeal last August, the haters still called him a cheater. That will never change unfortunately. even if Brady wins again. The damage is done outside of New England. Is it fair, no, but the damage is done. This bias against Brady will never change.

true...brady's reputation has been destroyed thanks to roger!!

 

[PatsFanSince74]

Yeah, but outside of New England and us fans, do you think the average NFL fan or hater thinks this sways public opinion, or even cares ? Most fans probably are of the mindset that Brady should just accept his suspension so this goes away, most NFL fans think he is guilty anyway, and would never bother to accept what Bray's lawyers are saying as gospel.

Even when Brady won his appeal last August, the haters still called him a cheater. That will never change unfortunately. even if Brady wins again. The damage is done outside of New England. Is it fair, no, but the damage is done. This bias against Brady will never change.

I don't think that Brady is trying to change the minds of "the average NFL fan or hater." If he's smart, which he is, he gave up on that a long time ago.

By hiring a media savvy, heavy hitter Lawyer and taking an aggressive strategy with the media, he's clearly trying first to change the minds of the Judges of the Second Circuit Court of Appeals and then to begin to impact how his story is portrayed in the media. Then, if necessary and possible, he'll try to convince five Supreme Court Justices of his case.

He's probably taking a very long term view of getting the "average NFL fan" to think differently about him, which will take years.

 

[PatsDeb]

I don't think that Brady is trying to change the minds of "the average NFL fan or hater." If he's smart, which he is, he gave up on that a long time ago.

By hiring a media savvy, heavy hitter Lawyer and taking an aggressive strategy with the media, he's clearly trying first to change the minds of the Judges of the Second Circuit Court of Appeals and then to begin to impact how his story is portrayed in the media. Then, if necessary and possible, he'll try to convince five Supreme Court Justices of his case.

He's probably taking a very long term view of getting the "average NFL fan" to think differently about him, which will take years.

I think a lot of NFL fans outside of NE (particularly those who are actual fans and not just casual Sunday armchair QBs) think what happened to Brady is BS. At the same time, if it gives their team a leg up they don't mind so much. It's much easier to say, "Just take your medicine. It's part of the game." when it's not your team being impacted.

 

[The Gr8est]

I think a lot of NFL fans outside of NE (particularly those who are actual fans and not just casual Sunday armchair QBs) think what happened to Brady is BS. At the same time, if it gives their team a leg up they don't mind so much. It's much easier to say, "Just take your medicine. It's part of the game." when it's not your team being impacted.

I'd like to offer those fans the option, if I had the power, "OK, we'll make Brady drop the case and serve the suspension. All you need to do is give up your 1st and 4th round picks and have your starting QB sit for 4 games."

I don't even want to hear them say "But my team is not guilty of anything."