Deflategate

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Re: Deflategate

Post by Doctor X » Fri Aug 21, 2015 6:37 pm

Hot and Sexy Steph Stradley--married also to a lawyer so . . . excuse me while I go into hiding!--has had an often cited blog on the law in Texas which has savaged the NFL. This comes from a long "storyfy" slide show of her comments and comments back:
I know of a case where the big boss fired some guys, and they filed discrimination lawsuits.Big boss was certain he didn't discriminate because he is not a racist. Perhaps that was the case, but pretty much everything he did to fire the employees looked pretty discriminatory to people who did not know what was in his true heart. Settlement negotiations ensued as they always do. The big boss refused to settle despite being told specifically how damning the facts looked to outsiders. (Likely because it would make him look bad to the big big bosses to pay tons of money to the fired employees. Why? Because he fired them in the first place to save money. And he was certain he was not racist so no way he would settle. Case goes to trial and then the jury deliberates. The case settles during jury deliberations for a significantly larger amount than the original settlement. What...why? The jury sent out the following question to the judge: "What is the net worth of the company?")

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Re: Deflategate

Post by Doctor X » Sat Aug 22, 2015 5:01 am

Roger Goodell’s insistence on acting as emperor makes the NFL vulnerable to a legal smackdown

In DeflateGate there has been a weird inversion: NFL Commissioner Roger Goodell set out to expose Tom Brady, and instead he has exposed himself and the entire league. It was at first baffling to watch Goodell commit such acts of overreach. It has since become merely revealing of a catastrophic arrogance. In going after Brady and the New England Patriots on such a flimsy premise as the inflation of footballs, Goodell has steadily etched out his real character and attitudes, and in doing so he has bared himself and the league to searing judicial review.

The NFL’s entire legal argument in the court of Judge Richard M. Berman over the last few weeks is that this commissioner’s powers are so unlimited that even a federal judge must bow to him. NFL attorney Dan Nash said on Goodell’s behalf during a hearing this past week, “The findings of the commissioner are entitled to deference.” Well, that’s rich. It was Goodell and the NFL who brought this idiotic case into Berman’s courtroom in the first place. And now they’re telling Berman he has no right to rule in it.
. . . .
Judges historically have been extremely reluctant to overturn arbitration, even when there are errors in a case, because arbitration by its very definition is meant to keep matters out of court. That’s what Goodell and the NFL lawyers counted on.

What they didn’t count on was a judge who refuses to accept the premise that he is supposed to shut up and rubber stamp. And who has decided to pour some sunshine on the entire process and give us a delightful lesson in the labor principles at stake. Berman’s scathing questioning of the NFL in a hearing this week demonstrated that arbitration is not meant to preclude judicial review or to force an employee to surrender to the whims of power-crazed managers.

While Goodell has sweeping powers to issue player discipline under the CBA, Berman made it clear he does not have the right to willfully misstate and mislead, gin up phony investigations based on pseudo-science and then issue draconian four-game suspensions simply because he’s furious Brady and the New England Patriots don’t say, “All hail to the emperor.”

“There has to be some basic process of fairness that needs to be followed,” Berman said.

Time after time, Berman issued observations from the bench that made the NFL attorneys’ shoulders curl. He called the league’s lack of proof that anything was deflated in the AFC championship game “a conspicuous absence.”

Perhaps most embarrassingly, he publicly busted Goodell for his irrational twisting of highly equivocal evidence into the assertion that Brady masterminded an illegal “scheme” that was on par with steroids. “A quantum leap,” Berman scoffed.

. . . The judge can throw it out if he finds Brady’s rights were prejudiced by corruption, fraud or misconduct. Orif he finds Goodell was evidently partial or was arbitrary and capricious. Or if he finds that Brady wasn’t given proper notice of what he was accused of, so he could mount a proper defense.

As Houston-based attorney and NFL blogger Stephanie Stradley observes, “I don’t know what Judge Berman’s stylistic preferences are, but if I went to law school, got awesome grades, worked worked worked, went through the process to get named as a federal court judge, decided many actually important cases, and then was asked to make a decision in a case that should have been settled that is this profoundly dumb, I would torch the NFL in flames that would make Hades look like a refrigerator.” Hot and Sexy Steph![Stop that!--Ed.]

The “why is he doing this?” question still lingers; . . . The answer seems to be based in personality, a vain self-conception and tone deafness that make him incapable of admitting mistakes or cutting his losses. He has staked his personal power and credibility on the legal argument that if he wants to suspend Brady for life and fine him a billion dollars, his authority still supersedes that of a federal judge, who has no right to interfere.

It’s also likely that Goodell pressed this case because he is so accustomed to getting preferential treatment and political cover in civic arenas. States, cities and most of Congress are such panting NFL fans that they are willing to put up with any amount of extortionist behavior from the league, which demands massive public funding for stadiums and all kinds of tax breaks or threatens to move franchises. The league has long behaved as if it’s entitled to special carve-outs, exceptions and protections simply because of its popularity. It’s used to operating with impunity and without federal interference, whether doling out painkillers in violation of Drug Enforcement Administration regulations or utterly ignoring OSHA requirements on reporting workplace injuries.

But for once, Berman has not provided the NFL with cover. Instead, he has highlighted this fundamental attitude by the NFL, that the league is so special that even federal law should be bent in favor of it. The NFL by Goodell’s definition is almost a separate country. It makes up its own interpretation of laws — those it doesn’t ignore altogether. It even makes up its own science. By acting like an emperor instead of a commissioner, Goodell has exposed himself and the entire organization as overripe for a slap-down by a strong federal hand.

Sally Jenkins: Washington Post
She is not exactly a fan of Emperor Roger given her previous articles regarding his indifference to and utter incompetence in dealing with domestic violence.

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Re: Deflategate

Post by Pyrrho » Sat Aug 22, 2015 10:59 am

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Re: Deflategate

Post by Doctor X » Thu Aug 27, 2015 4:42 am

The judge the NFL wanted to avoid in Minnesota--only to get a judge in their chosen venue who has questioned it on every point--made the following observation quoted all over the place but apparently noted first by USA Today:
At a hearing Wednesday on a contempt motion filed by the NFL Players Association in the Adrian Peterson case, U.S. District Judge David S. Doty said “we’re all very curious” how Judge Richard M. Berman will rule on Brady, . . .

The NFLPA filed its motion in May against the NFL, the NFL Management Council and Goodell, whom Doty noted multiple times Wednesday isn’t an attorney while questioning union counsel Jeffrey Kessler about who exactly the NFLPA wants to be held in contempt for alleged interference with the court’s order to hold further arbitration proceedings in the Peterson case.

“I’m not sure the commissioner understands there is a CBA,” Doty said, citing Goodell’s actions and quotes in newspaper articles he has read.

Tom Pelissero: USA TODAY Sports
:D

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Re: Deflategate

Post by Grammatron » Thu Aug 27, 2015 6:01 pm

I don't think Judge David S. Doty should have made those statements, any court case filed by NFLPA in Minnesota in the future (and something tells me there will be more fights between the union and the league) has a chance of being torpedoed if they get that judge.

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Re: Deflategate

Post by Rob Lister » Thu Aug 27, 2015 6:13 pm

Grammatron wrote:I don't think Judge David S. Doty should have made those statements, any court case filed by NFLPA in Minnesota in the future (and something tells me there will be more fights between the union and the league) has a chance of being torpedoed if they get that judge.
Berman's decision my effect precedent. Why wouldn't she be interested?

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Re: Deflategate

Post by Grammatron » Thu Aug 27, 2015 6:39 pm

Rob Lister wrote:
Grammatron wrote:I don't think Judge David S. Doty should have made those statements, any court case filed by NFLPA in Minnesota in the future (and something tells me there will be more fights between the union and the league) has a chance of being torpedoed if they get that judge.
Berman's decision my effect precedent. Why wouldn't she be interested?
She certainly should be, but I am only refering to one specific part
I’m not sure the commissioner understands there is a CBA
Seems like a silly thing to say for a judge who may be overseeing future cases involving these two entities.

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Re: Deflategate

Post by Doctor X » Thu Aug 27, 2015 8:56 pm

Unless it is true.

To give the full context, Goodell was facing a potential contempt citation due to what the NFLPA contends is intentional foot-dragging on the Peterson case. Judge Dody--is a "he" . . . at least . . . as far as anyone knows--was making the point that Goodell relies on his lawyers to interpret things. He is not a lawyer. This is, actually, somewhat relevant the Brady case in that it appears Goodell is interpreting the CBA as he sees fit.

Anyways, I almost included the question Judge Dody asked the NFLPA: do you want him thrown in jail? That gets a :D and all of that, but Dody's point/question is whether or not Goodell should be treated like a lawyer intentionally ducking a decision made by a federal judge. This is not the case, nor was it the NFLPA's argument. If it was, the NFLPA would have had to provide a lot more evidences--thanks!

Given Judge Dody's track record, I doubt he worries much about "reversible error."

One issue for the Brady case has to do with Goodell now claiming that, lo and behold!, Brady not turning over his phone is a reason for the specific penalty. However, it is now clear that 4 r34lz lawyers working for Goodell informed Brady he did not have to turn over his phone--something Goodell never did, incidentally during his "independent investigation" on whether or not he saw the Ray "I Done TOLD You Once!" Rice video. That is a process problem: NFL tells you one thing, then punishes for following their instructions.

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Re: Deflategate

Post by Doctor X » Tue Sep 01, 2015 4:54 am

:hyper:

Our Man McCann on Monday:
1. Judge Berman’s ruling is expected by Wednesday, so no need for a temporary restraining order or a preliminary injunction

Judge Berman indicated that he plans to issue his ruling by Friday, Sept. 4 and most likely by Wednesday.: hyper:

2. The NFLPA would have more time to obtain a stay on Brady’s behalf, if necessary

If Judge Berman rules by Wednesday and if he rules for the NFL, Image he would provide Brady with an additional 48 hours to seek and potentially obtain a stay. ["Snip!"--Ed.] Stays are considered extraordinary forms of relief and are not often granted. Brady, however, may have a relatively persuasive argument for the issuance of a stay.

3. Legal significance of John Mara attending Monday’s hearing

Judge Berman requested the presence of Giants CEO and co-owner John Mara at Monday’s hearing. Mara, an attorney by trade, is not an ordinary owner. He is the chairman of the NFL Management Council Executive Committee, which is the ownership committee that directs collective bargaining negotiations with the NFLPA. Mara is thus very familiar with the original intent of Article 46, which governs the commissioner’s authority to discipline players. Mara is also regarded as pragmatic, and his numerous years practicing labor and employment law suggest that he might view the legal issues in Brady v. NFL with an eye for potential settlement. Along those lines, Judge Berman likely hoped that Mara’s presence in court would supply a voice of reason in what has otherwise been a series of rigid debates. The judge might have also calculated that Mara would be able to personally relay to other owners important insights on the state of the litigation.

4. Each side’s best settlement offer is likely to be made over the next several hours

Judge Berman declined to rule from the bench during Monday’ hearing, meaning he refrained from telling the two sides of his decision.

Don’t be surprised if NFLPA and NFL executives exchange phone calls later today or tonight. They know that once Judge Berman issues an order, only one chapter in the Deflategate litigation would come to an end. The story would continue through the appeals process, which would likely extend well into 2016.
. . . .
Bottom line: crating [Sic--Ed.] a settlement that works for both sides is difficult, and they are running out of time before Judge Berman issues his order.

5. Judge Berman’s work on Brady v. NFL won’t necessarily end after issuing a decision

If Judge Berman confirms Goodell’s decision to uphold Brady’s suspension, Image Brady would likely file an emergency motion with the judge for a stay. This could lead to another Brady v. NFL hearing for Judge Berman to preside over.

Alternatively, if Judge Berman rules for Brady, Image it is unlikely that the judge would hold additional hearings on Brady v. NFL.

That said, it is possible that in vacating Goodell’s decision to uphold Brady’s suspension, Judge Berman could call for additional court hearings. The judge might want to discuss conditions on how the NFL could seek to re-investigate and re-punish Brady while the league appeals Judge Berman’s order.

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Re: Deflategate

Post by Anaxagoras » Tue Sep 01, 2015 8:02 am

Apparently there will be no settlement so the ruling could come as early as Tuesday:

http://espn.go.com/boston/nfl/story/_/i ... uling-soon
Tom Brady and NFL commissioner Roger Goodell have failed to reach a settlement in the quarterback's appeal of his four-game suspension for his involvement in the Deflategate scandal.

U.S. District Court Judge Richard M. Berman announced Monday that the sides will not settle the case, saying he will announce a ruling as early as Tuesday and no later than Friday.

"It won't be today, but hopefully tomorrow or the day after," said Berman, who stated that he is putting the final touches on his decision.
A fool thinks himself to be wise, but a wise man knows himself to be a fool.
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Re: Deflategate

Post by Doctor X » Tue Sep 01, 2015 8:10 am

:hyper:

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"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out."--Don
DocX: FTW.--sparks
"Doctor X wins again."--Pyrrho
"Never sorry to make a racist Fucktard cry."--His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone."--clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far."--Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig."--Pyrrho
"Try a twelve step program and accept Doctor X as your High Power."--asthmatic camel
"just like Doc X said." --gnome

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Re: Deflategate

Post by Doctor X » Thu Sep 03, 2015 2:22 pm

Image
Larry Neumeister and Tom Hays Associated Press

New England Patriots quarterback Tom Brady can suit up for his team’s season opener after a judge erased his four-game suspension for ‘‘Deflategate.’’

The surprise ruling by U.S. District Judge Richard Berman came Thursday after more than one month of failed settlement talks between the NFL and its players’ union. Many legal experts believed the judge was merely pressuring the sides to settle when he criticized the NFL’s handling of the case at two hearings in August.

But the judge wasn’t posturing.

He came out forcefully in Brady’s favor, maligning the NFL for its handling of the scandal that erupted after the AFC championship game in January, when officials discovered during the first half that Brady used underinflated footballs. New England beat the Indianapolis Colts 45-7 then won the Super Bowl two weeks later.

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"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone."--clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far."--Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig."--Pyrrho
"Try a twelve step program and accept Doctor X as your High Power."--asthmatic camel
"just like Doc X said." --gnome

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Re: Deflategate

Post by Doctor X » Thu Sep 03, 2015 4:46 pm

Our Man McCann:
The NFL will likely file a notice of appeal with the U.S. Court of Appeals for the Second Circuit and seek an expedited review. As explained below, even if the Second Circuit grants the NFL an expedited review, it would take several months before a decision is made. The NFL might also seek a stay of Judge Berman’s order that would allow the league to suspend Brady during its appeal, but it is unlikely a stay would be granted.

Why Judge Berman ruled for the NFLPA

The simplest explanation for Judge Berman’s decision is that the NFL failed to show that it applied Article 46 of the collective bargaining agreement in a fair and consistent way.
. . . .
Among the problems identified by Judge Berman are those that relate to Brady’s arbitration hearing with Goodell on June 23. Goodell denied a request by NFLPA attorneys to question NFL general counsel Jeffrey Pash, who edited the Wells Report before its release, and to access the league’s investigative notes. Judge Berman regarded Goodell’s decisions on these issues as preventing Brady from enjoying a credible opportunity to make his case. Look at it this way: if Brady can’t confront an accuser and study the evidence used to punish him, how can he effectively defend against the accuser’s accusations and the implicating evidence? Judge Berman stressed that denial of access to key witnesses can be grounds to vacate an arbitration award.

Judge Berman also criticized the NFL for how it indistinctly notified Brady of accusations and confusingly explained under which set of rules he was being punished. Take the Wells Report, which used the league’s Integrity of the Game and Enforcement of Competitive Rules policy—a document not collectively bargained with the NFLPA—to find that it was “more probable than not” that Brady had “general awareness” of a football scheme supposedly hatched by two equipment assistants. Later, in his testimony during Brady’s appeal, NFL executive vice president Troy Vincent referenced the Game-Day Operations Manual—also not collectively bargained with the NFLPA—as a crucial document in finding Brady at fault. While the league has also cited Article 46 as grounds to punish Brady, Judge Berman seemed perplexed as to what degree non-collectively bargained documents should be considered sources of authority to punish Brady.

Likewise, Judge Berman criticized Goodell for asserting that Brady received adequate notice of discipline because the four-game suspension matches up the penalty scheme outlined in the collectively bargained steroid policy. The steroid policy, wrote Judge Berman, “cannot reasonably be used as a comparator for Brady’s four-game suspension for alleged ball deflation by others . . . [the steroid policy sets forth procedures] none of which has anything to do with Brady’s conduct and/or his discipline.”

Judge Berman also seemed influenced by the lack of consistency in NFL discipline. In prior instances of players being implicated by equipment tampering, those players were fined, warned or not punished in any way. It was never made clear why Brady was treated differently and significantly worse. Similarly vexing for Judge Berman was how the league’s characterization of Brady’s alleged wrongdoing became harsher without explanation. What began as general awareness of others misconduct has morphed into active involvement in a scheme.

Lastly, Judge Berman raised distinctions between favorable court decisions cited by the NFL and the Brady arbitration. The most crucial distinction is that those decisions involved a neutral arbitrator whereas Goodell was clearly not neutral. While Article 46 permits Goodell to serve as the arbitrator for player appeals, Judge Berman noted that the “law of the shop”—which compels consistency and fairness in arbitration awards—bars Goodell from rendering a decision that may have been compromised by bias. Also, Brady, unlike participants in normal arbitrations, lacked the ability to change the arbitrator even if he could show Goodell was biased.

The NFL can still punish Brady, but only in accordance with Judge Berman’s order

. . . .
At first glance, Ray Rice’s successful legal saga with the NFL might seem helpful for Brady in the event the NFL tries to “double punish” him. ["Snip!"--Ed.] Jones concluded that Goodell acted in an arbitrary manner when he punished Rice a second time. She highlighted testimony that indicated that the NFL already knew about the full details of the hotel incident before a second video of Rice hitting Palmer became public.

Brady’s situation is very different from that of Rice. ["Snip!"--Ed.] If Brady is suspended again, it would occur not because the NFL claims to have uncovered new information or evidence, but because a federal judge has vacated the first suspension and the NFL is exercising its right to punish Brady. The NFL does not lose its collectively bargained right to punish a player because a federal judge has vacated an arbitration award. Now THAT would be ballsy on Goodell's part. But fast!

Of course, one sensible reading of Judge Berman’s ruling is that the NFL should not be able to re-punish Brady because the league never gave him adequate notice in the first place. While the NFL would likely disagree with that reasoning, it is worth considering. One interpretation is certain: If the NFL seeks to punish Brady again, it should only do so in a judicious way. The league must avoid a repeat of the process problems clearly identified by Judge Berman. If instead the league subjects Brady to another series of unfair applications of rules, it could find itself back in court for Tom Brady v. NFL II.

A lengthy appeals process awaits

The next stage of the litigation will likely occur when the NFL files a notice of appeal with the U.S. Court of Appeals for the Second Circuit. Which they have indicated they will do. ["Snip!"--Ed.]

With the important caveat that we do not yet know the composition of the three-judge panel, the NFL faces an uphill climb in convincing at least two of the three appellate judges that Judge Berman misapplied the law. Although each case presents unique issues and facts, appellate courts typically do not reverse district court judges on their orders to vacate or confirm arbitration awards. The NFL will nonetheless need to persuade at least two of the three panel judges that Judge Berman’s decision to vacate Brady’s suspension reflects a misunderstanding of Article 46 and a disregard of a lengthy set of case precedents where federal district judges almost always confirm arbitration awards.

["Snip!"--Ed.]

To be clear, the appeals process will not include new evidence or any witness testimony. Almost all of the appellate review will consist of the three appellate judges reviewing legal memoranda filed by attorneys for the NFL and NFLPA. There will be an opportunity for brief oral arguments, where the lead counsel for each side makes his or her best case to the three judges. In the Second Circuit, those arguments are typically limited to merely 10 minutes and often the judges interrupt the attorneys with questions.
In terms of timing, the typical appeal in a U.S. court of appeals takes eight to 12 months. Brady--> :De_Bunk: <--Goodell [Stop that!--Ed.] There are many factors that influence timing, but it is safe to say that the NFL’s appeal will likely not be decided until sometime next spring or summer.

NFL could also seek a stay, but is unlikely to obtain one

A stay, as I explained more fully last week, would prevent Judge Berman from carrying out the order—in this case the vacating of Goodell upholding Brady’s suspension—until an appeal is decided. If the NFL is granted a stay, Brady would have to serve his suspension despite being the winner in Judge Berman’s decision.

The NFL would first need to petition a stay from Judge Berman. If he denies it, the NFL would try to obtain one from the Second Circuit.

Stays are difficult to obtain and are considered extraordinary measures. The NFL also would not seem to have an especially strong argument for a stay. This is particularly apparent in regards to a showing of “irreparable harm.” There are four prongs to a stay, and one involves whether the NFL can show it would suffer irreparable harm if a stay is not granted. Irreparable harm generally refers to harm that can’t be remedied by a court order and probably will occur before an appeal is decided.

["Snip!"--Ed.]

The NFLPA, however, would have a compelling argument in response. First, the NFL wouldn’t lose the ability to suspend Brady if he’s able to play in the first four games of the season. If the league wins the appeal, it could carry out the suspension at a later date—perhaps to start the 2016 season. Second, through the NFLPA, suspended players have always had the option to challenging disciplinary matters in court; Brady’s win doesn’t change that.

Our Man McCann: SI
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Re: Deflategate

Post by Tiosylanyl » Thu Sep 03, 2015 5:10 pm

Various talking heads have thrown around the term "slam dunk" in describing the decision.

The NFL should really just nurse the black eye and let it go, but, of course, they won't because Goodell is a narcissist. Not that it could (or would) happen, but how sweet would it be if the NFL's appeal was reviewed by....Judge Berman?

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Re: Deflategate

Post by Rob Lister » Thu Sep 03, 2015 5:37 pm

the bottom of her popcorn box is open. what do you suppose that means?

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Re: Deflategate

Post by Doctor X » Thu Sep 03, 2015 6:24 pm

Tiosylanyl wrote:. . . but how sweet would it be if the NFL's appeal was reviewed by....Judge Berman?
:D

That has been suggested jokingly by a number of Talking Heads. To be honest, I suspected this because he took the time to write it out by Friday. What I mean is if he knew he had to uphold the suspension, I think he would have ruled from the bench on Monday or issues a written ruling sooner simply to give Brady the time to file the appeal and request a stay. Since he knew he would find for Brady, he knew he had the time to write what a number of Talking Legal Heads say is a pretty iron clad slamming of the NFL from a number of procedural contexts.

--J.D.
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Re: Deflategate

Post by Doctor X » Thu Sep 03, 2015 6:24 pm

Rob Lister wrote:the bottom of her popcorn box is open. what do you suppose that means?
It was on Tom's lap. . . .

--J.D.

P.S. Image
U.S. District Court Judge Richard Berman is the man who set Tom Brady free on Thursday by vacating Brady’s four-game suspension, and at least one donut shop in New England wants to thank Berman for his service.

If Berman is ever in the great state of Maine at any point in the future, he is free to stop by Dunkin Donuts for as many free coffees as he can drink.
Judge Berman gets free coffee for life #FreedBrady #DeflateGate @DunkinDonuts @NFL pic.twitter.com/1t5p7HGPX3

— Joel E. Sapp (@JoelSapp) September 3, 2015
Of course, it would probably be illegal for Berman to accept an offer like that, but I’m sure no one at that particular Dunks would rat him out.

In addition to overturning Roger Goodell’s decision to suspend Brady, Berman basically mocked the NFL for its investigation when he issued his ruling. That should be worth a free donut or bagel in addition to a cup of joe.

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Re: Deflategate

Post by Grammatron » Thu Sep 03, 2015 7:40 pm

Did not expect this ruling.

Now the judge tossed the punishment out essentially because he saw it as too much and more than any player could reasonably expect it to be. However, does it mean that NFL can apply a different punishment to Brady?

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Re: Deflategate

Post by Doctor X » Thu Sep 03, 2015 7:52 pm

I did but I was no way certain. Not at all.

According to Our Man McCann they could, but there are some problems. Who applies the punishment? Goodell has already been branded as biased. Brady would still have the ability to appeal--and any punishment held until the appeal is heard--and there is no way Goodell could hear the appeal. Not after this decision.

So it would have to go to a truly independent arbitrator. This has happened in the past and in both times the arbiter . . . arbitrator . . . decider has handed Goodell his ass. The appeal would have to meet the criticisms of Judge Bermann else expect it to lose very quickly in a new appeal wherever the NFL tries to file. That opens everything up including debate on whether or not there was evidences--thanks--that any ball were deflated.

I am not sure Goodell wants that. Imagine if a Paul Tagliabew . . . Taglia . . . Former Commish and former independent arbitrator/arbiter . . . agrees with the criticisms of the Wells Report, or even agrees with the Wells Report's finding of no direct evidence of any intentional deflation, and scraps the whole thing?

So the appeal will happen and most Talking Heads say "see you sometime in the Spring/Summer" before it is even heard. Even the ones who were very "I have no idea how Bermann will rule" are saying whoever lost had a very uphill climb. Less than 7% of arbitration decisions are overturned in that circuit. Add in the way Bermann ruled, how poorly the NFL argued its case, they basically have to prove the Judge "ruled wrong."

They also have a very severe risk. A lost at this level does not really bind much. It is a precedent but it is a low-level precedent.

Upheld by appeal? That can apply to other circuits.

--J.D.

P.S. In stating it will appeal, the NFL indicates it will not seek a stay of Bermann's judgment. The likelihood of them getting such a stay was about as good as me getting Hitomi Shimatani to drop that restraining order. This means Tom will play.

P.P.S. The Big Pussy Goodell has decided he will not attend the Opening Game . . . for some reason. . . .
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Re: Deflategate

Post by Pyrrho » Thu Sep 03, 2015 11:06 pm

I need to know if I can cancel a boxcar full of popcorn.
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