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

[RobertWeathers]

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 by the time we are all hitting the early bird prime rib dinner at 4pm history will be kind to Tom and hard on Der Fuher Goofdell.

 

[raduray]

I remember asking one of my sons to consider law as a career. Too bad he didn't and decided to become a scientist instead.

I had an engineering career and I had many dealings with layers (patents, contracts, M&A) and I've got to say that although they made good money, the work was incredibly tedious.

For every lawyer billing over $1,000 an hour, there are dozens chasing ambulances or trying to get enough wills and mortgage closings to make ends meet or completely unemployed.

Or corporate drones reading boring contracts.

 

[raduray]

why didn't wallach mention anything about this before? honestly i wasn't looking forward to anything today other than a routine filing by brady's side.

I suspect it will take some time before a ruling, or a request for a counter argument from the NFL.

 

[raduray]

Wasn't Olson supposed to be on vacation?

 

[RobertWeathers]

I had an engineering career and I had many dealings with layers (patents, contracts, M&A) and I've got to say that although they made good money, the work was incredibly tedious.

Or corporate drones reading boring contracts.

While not a lawyer I used to be one of those corp drones and I agree 100% with your characterization of the profession.

 

[QuantumMechanic]

McCann brings up something I don't recall seeing on this thread (though since it's so long, who knows )

Parker, being on senior status (i.e. semi-retired), doesn't get to vote on whether or not to grant en banc review. Thus Brady needs to get 7 votes of the other 13 judges. Presumably he's starting 1-1 (Katzmann for, Chin against). So he needs 6 of the remaining 11. (I think an absolute majority is needed for a grant of review, so if Parker counted Brady would need 8-of-14. Instead he "only" needs 7-of-13.)

Despite not being able to participate in the decision on granting en banc review, Parker -- because he was on the original panel -- does get to participate in the review itself if granted. Though as noted above, if there's a 7-7 split, Berman is affirmed.

 

[raduray]

1) The main case is made in plain, eighth grade English, so it's intended audience is much broader than the Court.

Well written briefs should be very readable, just like an oral argument should flow without too many Uuhs and oohs.

 

[raduray]

That's because that's not what this case is about, but they did include the following:


Although the NFL conceded there was no direct evidence linking Brady to any ball tampering, JA1421, and Brady has consistently proclaimed his innocence, the Wells Report found it “more probable than not” that two Patriots equipment employees “participated in a deliberate effort to release air from Patriots game balls” before the Championship Game. The Report also found it “more probable than not that Brady was at least generally aware of the inappropriate activities” of the two employees. JA112, 97. The Report did not find that Brady himself participated in or directed any ball deflation, JA112, and the work of the consultants Paul Weiss hired to deny that environmental factors accounted for the pressure levels has been derided by independent physicists as junk science.

I love that highlighted section.

 

[patsinthesnow]

Knowing who's starting week 1 before TC this year atleast will help. That aspect was so annoying last year.

 

[signbabybrady]

McCann brings up something I don't recall seeing on this thread (though since it's so long, who knows )

Parker, being on senior status (i.e. semi-retired) doesn't get to vote on whether or not to grant en banc review. The Brady needs to get 7 votes of the other 13 judges. Presumably he's starting 1-1 (Katzmann for, Chin against). So he needs 6 of the remaining 11. (I think an absolute majority is needed for a grant of review, so if Parker counted Brady would need 8-of-14. Instead he "only" needs 7-of-13.)

Despite not being able to participate in the decision on granting en banc review, Parker -- because he was on the original panel -- does get to participate in the review itself if granted. Though as noted above, if there's a 7-7 split, Berman is affirmed.

Wallach said tie goes to the runner so either way it's 7.

 

[Koma]

Wasn't Olson supposed to be on vacation?

Imagine what he'll do when he gets back in the office!

 

[Patsfanin Philly]

Good for your son! He contributes to the betterment of people instead of taking away from them.

There are many lawyers who do good work, depending on the type of law they practice. They don't all chase ambulances.....I know I'm married to one who represents victims of domestic violence full time helping them get PFA ( protection from abuse orders) and other means to help them....

 

[Patsfanin Philly]

I find it interesting that a draft was leaked. I have to think it could only have come from Gibson Dunn (where else could it have come from).

But why the leak? This'll be publicly and easily available once it's filed with PACER today. So why bother?

Beat the NFL to the PR punch and catch them off guard. In addition, it lets them know that " two can play that game " of leaks.....

 

[Tony2046]

Clearly the leak was "authorized," as a very small number of people would have had access to this document and the source could easily be identified. Whoever did it, was acting on Olson's instructions.

To me this means that they have, as I said above, decided to go "scorched earth."

Olson is effectively putting the NFL on notice that he's just as concerned about doing as much damage as he can and making his case in public as he is about winning or losing this particular appeal. Olson knows how to play this game from Bush v. Gore days when he was working hand in hand with Jim Baker, who never saw a possible leak that he didn't try to make.

As to where it came from, it could have been Gibson Dunn or the NFLPA or even someone acting at Brady's direction. I really doesn't matter.

So in layman's terms you're saying:

Olsen to the NFL: "I'll publicly huff and I'll puff and blow your corrupted sh!t house down"

and the NFL responded with: "Not by the decision of my chinny chin Chin"

 

[Palm Beach Pats Fan]

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 NFL must have leaked a dozen or more lies to the media at the onset of deflategate, added 56 more lies in the Wells report, added still more at the Goodell appeal, doubled down on all these lies at the Berman appeal, then tripled down on all of the lies at the reversal of Berman.

It takes an amazing amount of dedication to sort through such a neck-deep pile of lies and learn the truth. You have to actually read the Wells Report, the court briefs, scientific studies, Wells rebuttal report, etc. to expose the NFL's lies, or at the very least you have to listen attentively to someone who has read all of that. Few journalists have. Far fewer fans have.

It's amazingly great that so many Patriots fans have gone to such lengths to educate themselves about this case. Thus I don't really blame the average non-Patriots fan for still wallowing in ignorance. I was stupid enough, at one point, to believe that the NFL was in the right on bounty-gate, bully-gate, concussion awareness, concerns about domestic violence, etc.

Finding out the depths of corruption of Goodell and his cronies has been eye-opening.

I am at the point that if Goodell were to tell me that the sky is blue, I'd really need to look for myself.

 

[PatsFanSince74]

I had an engineering career and I had many dealings with layers (patents, contracts, M&A) and I've got to say that although they made good money, the work was incredibly tedious.

Or corporate drones reading boring contracts.

Ironically, those are the lucky ones. They at least have a job and aren't chasing every customer.

 

[SVN]

Brady’s petition for en banc hearing a long shot

 

[DaBronxPats14]

So I'm hearing that all 13 Judges have to agree to take this on again?

 

[DaBronxPats14]

or Seven Of Thirteen have to rule to take it.

 

[DaBronxPats14]

Brady’s petition for en banc hearing a long shot

Yup and some his Long Shots were great Comeback Wins.