Bad Company
Rookie
- Joined
- Sep 22, 2004
- Messages
- 38
- Reaction score
- 40
Neither side can accept a losing decision.
If the NFLPA agrees to a settlement it will establish criteria for the players that would allow the NFL to suspend for lack of cooperation (which is undefined), general awareness of others wrong doing, and lack of notice.
If the NFL settles it would establish criteria to take power away from Goodell.
Nether side will settle on a loss. So there will be an appeal for either side no matter the outcome.
The NFL has two hurdles to overcome, lack of notice and fundamental fairness. Berman has already pointed this out.
The NFLPA has to show that the NFL is attempting to expand its authority under the CBA by going around the provisions of the CBA by calling it an "integrity of the NFL" issue.
Goodell, under Rice, and Henderson, under Hardy, have already stated that notice must be provided.
Based on my experience as a 3rd party reviewer, I believe that Berman will find for the NFLPA under lack of notice because under fundamental fairness, it would lead to a new hearing which could return to Berman's docket.
Berman could rule Monday but I suspect he'll make a general statement from the bench, Kessler will request a stay pending the written decision. If granted, we will know what the outcome will be.
It will be interesting if Berman requests testimony from Goodell or Brady. Get ready for an interesting ride.
If the NFLPA agrees to a settlement it will establish criteria for the players that would allow the NFL to suspend for lack of cooperation (which is undefined), general awareness of others wrong doing, and lack of notice.
If the NFL settles it would establish criteria to take power away from Goodell.
Nether side will settle on a loss. So there will be an appeal for either side no matter the outcome.
The NFL has two hurdles to overcome, lack of notice and fundamental fairness. Berman has already pointed this out.
The NFLPA has to show that the NFL is attempting to expand its authority under the CBA by going around the provisions of the CBA by calling it an "integrity of the NFL" issue.
Goodell, under Rice, and Henderson, under Hardy, have already stated that notice must be provided.
Based on my experience as a 3rd party reviewer, I believe that Berman will find for the NFLPA under lack of notice because under fundamental fairness, it would lead to a new hearing which could return to Berman's docket.
Berman could rule Monday but I suspect he'll make a general statement from the bench, Kessler will request a stay pending the written decision. If granted, we will know what the outcome will be.
It will be interesting if Berman requests testimony from Goodell or Brady. Get ready for an interesting ride.
