Deflategate

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Re: Deflategate

Postby Doctor X » Fri Sep 18, 2015 3:30 am

Daniel Wallach@WALLACHLEGAL Breaking: NFL files its "Civil Appeal Pre-Argument Statement" with the Second Circuit, previewing its arguments on appeal
Our Man McCann's Twitter


:hyper:

From his own feed:

Awesome @McCannSportsLaw find: Judge Berman reversed by Second Circuit only 13 times out of 138 appeals since 2006 (less than 10 percent)


:hyper: :hyper:

Our Man McCann weighs in:

In court papers filed with the U.S. Court of Appeals for the Second Circuit, attorneys for the NFL outlined the league’s anticipated legal arguments for the appeal. Unlike the one-month hearing before Judge Berman, the appellate process in Brady v. NFL will take months, if not years, to play out :hyper: and an ultimate decision is likely a long way off. Assuming the NFL and NFLPA continue the appellate process to its logical conclusion, the Second Circuit will probably not rule until next summer or fall and its ruling would be followed by another appellate stage. To be sure, the league appealing Brady v. NFL is the expected move and is consistent with statements made by NFL commissioner Roger Goodell. As explained below, however, the appeal imposes risk on the NFL and possibly other professional sports leagues.

Understanding the NFL’s filing on Thursday and its significance in the case

Thursday’s filing only serves as the NFL’s “pre-argument statement.” The pre-argument statement merely informs the Second Circuit of the types of arguments the league plans to raise on appeal.

According to the pre-argument statement, the NFL first intends to argue that Judge Berman relied on the wrong federal law in determining the relevant legal standards. The league insists that Judge Berman should have relied on a federal labor law — the Labor Management Relations Act — rather than the Federal Arbitration Act. In his opinion, recall how Judge Berman highlighted that an arbitration award (which in this case was Goodell upholding Brady’s suspension) must exhibit fairness and due process. Judge Berman also placed significance on the law of the shop, which required the NFL to provide advance notice of prohibited conduct and potential discipline. In an appeal, the NFL will insist that the Second Circuit should place far greater significance on federal court deference to arbitration awards as dictated by the Labor Management Relations Act.

Second, the NFL intends to argue that Judge Berman mistakenly disagreed with Goodell's interpretation of the CBA, Goodell’s findings of fact and Goodell’s utilization of past NFL arbitration awards. Judge Berman contended that Goodell, as the arbitrator, was “not free to merely dispense his own brand of industrial justice." Judge Berman’s message indicated that he regarded Goodell as acting well beyond the permissible scope of his powers. Recall how during the hearings, Judge Berman seemed particularly interested in the NFL’s findings of fact — especially as that fact-finding related to NFL allegations of a football deflation conspiracy and to whether the league sufficiently explained under which policy Brady had been punished.

Third, the NFL plans to assert that Judge Berman wrongly relied on his disagreement with Goodell’s rulings on two issues pertaining to evidence. In his opinion, Judge Berman chastised Goodell for several topics related to evidence, including Goodell denying Brady an opportunity to review notes of witness interviews conducted by Ted Wells. In an appeal, the NFL will maintain that Goodell had the discretionary authority under Article 46 Or as more than one legal scholar has noted, the NFL is basically regurgitating its original argument which boils down to "Article 46 says Goodell can do whatever the fuck he wants." of the collective bargaining agreement to make decisions about evidence and that Judge Berman mistakenly ruled otherwise.

Lastly, the league argues that in reviewing Judge Berman’s order, the Second Circuit should do “de novo.” If adopted by the Second Circuit, the de novo standard would require the appellate court to review Judge Berman’s decision without deference to Judge Berman. The Second Circuit would thus consider the issues raised by Goodell in upholding Brady’s appeal with a fresh set of eyes and wouldn’t rubberstamp Judge Berman’s conclusions. The de novo standard is generally considered the appropriate standard for questions of law, but as the NFLPA will insist, it is not appropriate for questions of fact and arguably some aspects of Judge Berman’s decision go to factual matters.

Brady will likely win the appeal

To win the appeal, the NFL must convince at least two judges on a three-judge Second Circuit panel(the panel has not yet been named) that Judge Berman misapplied or misinterpreted the law.

First, appeals usually fail.

Second, the Second Circuit has affirmed Judge Berman’s decisions at a high rate. According to data I found through Westlaw’s excellent judicial reversal report service, 138 of Judge Berman’s decisions were appealed between 2006–15 and 104 of them (75%) were affirmed. Only 13 of those appeals (9%) led to the Second Circuit reversing or vacatingJudge Berman’s decision, with even fewer appeals leading to remand (which means a new hearing) or partial affirmation.

Third, Judge Berman’s decision in Brady v. NFL lacked obvious gaps in reasoning that can be exploited in an appeal. This was not a head-scratching opinion that seems ripe for appellate reversal. The decision was instead straightforward and, to many, logical.

The NFL losing the appeal could carry serious consequences for the league and possibly also the NBA, MLB and NHL

The NFL’s loss in Brady v. NFL at the U.S. District Court in the Southern District of New York creates precedent that can be used against the NFL in future cases. Judge Berman’s opinion indicates that the law of the shop imposes decision-making constraints on Goodell that go beyond those collectively bargained in Article 46. This ruling is now binding precedent in this particular federal court and is influential in other courts.

If the NFL loses Brady v. NFL at the U.S. Court of Appeals for the Second Circuit, a more consequential court precedent would be set and it would be binding on other federal district courts in New York, as well as those in Connecticut and Vermont. The precedent would also carry more significant persuasion in other federal district courts than the lower court decision of Judge Berman. The league, in other words, is rolling the dice by pursuing an appeal.

The appeals process could go into 2017 or beyond :hyper: :hyper: :hyper: :hyper:

In an attempt to encourage a settlement, Judge Berman warned the NFL and NFLPA that Brady v. NFL could last years. He was right. If sometime next year the Second Circuit remands the case back to Judge Berman, he would then conduct a new hearing. Judge Berman would reserve the right to rule on issues that he previously declined to adjudicate, such as whether Goodell was unlawfully partial as the arbitrator. A second decision by Judge Berman could be met with a second appeal to the Second Circuit, with the second appeal not decided until sometime in 2017 or even 2018.

Alternatively, the Second Circuit could affirm or reverse Judge Berman’s first ruling, which would then allow the loser to petition for an “en banc” hearing before the entire Second Circuit. While en banc hearings are rarely granted, petitioning for one would take months to play out. :hyper: Afterward, there would be an opportunity for the losing side to seek review by the U.S. Supreme Court. :hyper: :hyper: This entire appellate process could take several years. While the 38-year-old Brady is expected to play for several more seasons, it’s conceivable that he could retire before the litigation ends. A court would likely render the litigation “moot” at that point and end it.

Sports Illustrated


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Re: Deflategate

Postby Tiosylanyl » Sun Sep 20, 2015 2:51 am


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Re: Deflategate

Postby Anaxagoras » Thu Sep 24, 2015 12:08 pm

Have you seen the season premier of South Park.

I won't say what it's about cuz spoilers but it does touch on Deflategate.

http://southpark.cc.com/full-episodes/s ... t=!airdate
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Re: Deflategate

Postby Doctor X » Thu Sep 24, 2015 4:44 pm

It was okay. The problem is Trey and Matt lost it when they hired a sexual molester as a quarter back.

That being said, even Pats Sports Dudes recommend the Cartmen Brady-Goodell-Belichick montage and a number of Boston papers [Both of them.--Ed.] have linked to it.

--J.D.
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Shit. That's going to end up in your sig."--Pyrrho
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Re: Deflategate

Postby Doctor X » Fri Sep 25, 2015 11:13 pm

NFL and NFLPA Agree and Formally Request an Expedited Hearing Image

A ton of Talking-Legal Heads agree that if the Appeals Court agrees, the earliest hearing will be in January or February of 2016. This is despite earlier leaks from Mike Kensil A Highly Placed NFL Source That Should Not be Confused with the Same Highly Placed NFL Source that Told Stephen A. Smith the NFL "Welcomed" the Brady Appeal with "Bring it On!"[Tm.--Ed.] that claimed the Appeals Court would rule against Brady before the end of this season.

Even the NFL came out and admitted this was "unmitigated horse-shit" [Citation needed.--Ed.] and the earliest hearing would be next year.

Our Man McCann states in his twitter feed--see linkypoos above: "NFL's appeal might also be 1st of several rounds of appeals. Case could be remanded back to Judge Berman & then more appeals, lasting years."

Image

Heat up the popcorn maker. . . .

--J.D.
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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
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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
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Re: Deflategate

Postby Pyrrho » Fri Sep 25, 2015 11:40 pm

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Re: Deflategate

Postby Doctor X » Thu Oct 01, 2015 8:00 am

Interview with Judge Berman

He does confess he may let his wife go to the Dunkin' Donuts in Main to pick up some coffee. . . .

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"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

Postby Evolver » Mon Nov 02, 2015 9:06 pm

Image
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Re: Deflategate

Postby Doctor X » Mon Nov 02, 2015 11:16 pm

Yeah, I did not bother posting about Goodell's filling on his appeal because it added nothing other than whining that Judge Berman "ruled against us!" The Legal Dudes pretty much laughed at it.

--J.D.
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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

Postby Evolver » Mon Nov 16, 2015 3:11 pm

PCF_1.jpg
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Re: Deflategate

Postby Doctor X » Mon Nov 16, 2015 4:37 pm

I had someone send that to me.

One thing I found interesting but did not bother posting was the release of the appeal transcript for Greg "You Givin' Me More Your Lip?!" Hardy. Basically, the NFL sat there, swallowed everything Hardy's attorney told them--like The Victim Started the Fight and Hardy was Defending Himself and . . . Like . . . She Slipped on the Bathroom Scale . . . then Fell into the Tub--without any challenge.

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"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

Postby Evolver » Mon Nov 16, 2015 6:00 pm

The person who sent it to me found it posted at NFL.com.
He copied it before they found it and deleted it.
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Re: Deflategate

Postby Doctor X » Mon Nov 16, 2015 6:39 pm

Interesting . . . though I have received so many pro- anti- deflategate pictures and the like I sort have lost track of them all!

What they SHOULD be screaming about is the Michael Corleone--Sonozaki Level destruction of all who stood in their way:

https://www.youtube.com/watch?v=8vZx7yF_a7M

"Now I settle all of Corleone Kraft Family business. . . ."

List of the Oyashiro-Sama[Stop that!--Ed.] Cursed

    1. Crows: whined about the bad, bad, bad Patriots out-coaching them. Season over. Head may roll.

    2. Seamen: Season practically over--like Houston, they stole your soul.

    3. Dolts: Arm trouble not enough? How about we fracture your kidney? May still make the playoffs which means the draft pick will not be enough to fix your many problems. Is Andrew a "bust?" That word has been used by non-Pat-Fan-Boy reporters.

    4. Squealers: Lose both your main offensive weapons. Will keep you around to beat, maybe, in a Divisional Round . . . if you are lucky.

    5. Swills & Regrets: BWA!HA!HA!HA!HA!HA!

    6. Fish: "Could challenge the Patriots for the Division this season." Sure.

    7. Dullass:: BWA!HA!HA!HA!HA!HA!HA!

    8. I Lost This Game as a Team: not only falling apart when they were The Big Challenge, The Quarterback . . . of . . . Destiny threw four picks, fumbled the ball, and got benched and now has a partially torn plantar fascia. Which means no Meanie Points for me in two weeks. Image

    8. Roger: "I should have attended Hardy's appeal? Why? It's not like domestic violence is important. Besides, she slipped on a bathroom scale. Now where is Tom's phone? I'm told I should care about that months after the investigation. I like prunes."

and so on. But like the "Curse of the Bambino" was largely the result of the racist owner and his equally racist general managers' collective baseball incompetence, much of that is "bad luck"--Pats Fans will scream about Edelmann and Lewis--and Pure Incompetence on the part of, say, the Ravens coaching staff, the Colts coaching and general managers, and, of course, Jerry "Al Davis Baby!" Jones.

No . . . that is too rational . . . clearly she is to blame:

Image

--J. "Only Don't Tell Me You're Innocent Carlo, Chuck, Because it Insults My Intelligence and it Make Me Very Angry" D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"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

Postby Doctor X » Tue Nov 24, 2015 7:52 pm

Apparently oral arguments are scheduled for March. :hyper:

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"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

Postby Evolver » Tue Nov 24, 2015 8:53 pm

But when are the double secret anal arguments?
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Re: Deflategate

Postby Doctor X » Tue Nov 24, 2015 9:07 pm

You seem fixated in receiving anal arguments.

Not . . . that. . . .

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"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

Postby Doctor X » Tue Dec 22, 2015 4:43 am

From Our Man McCann's twitter--see above:

In new court filing, NFL portrays Tom Brady as engaging "unique & aggregate misconduct." Seems like NFL portrays Brady worse in every brief.


Too many are noting that Ginger is doing this because he cannot be sued for libel if stated in a federal appeal. However, the problem is he cannot base his appeal by claiming new charges. Basically, he is claiming he justly punished for parking in a handicapped parking space.

He lost that on the Brady appeal.

So his appeal has to be, basically, that the judge misapplied the law in ruling he unjustly punished for parking in a handicapped parking space. He could not, during Brady's appeal, claim that despite the fact he ruled on a parking violation, he was "4 r34lz" ruling on Brady murdering orphans. This the judge made clear. Imagine if a prosecution defends an appeal with, "but we're really sure he's guilty of other things we did not try him for nor introduced any evidence for."

He cannot introduce new evidence.

So now Ginger is trying to do it again on appeal: "not only that but now we're even MORE SURE he killed Santa!!!!"

That was Ginger's response to Brady's Peoples response to his appeal filing. The Brady response is more involved:

In a 73-page brief, Jeffrey Kessler, David Greenspan and other attorneys representing Brady and the NFLPA detailed why a three-judge panel on the U.S. Court of Appeals for the Second Circuit should affirm U.S. District Judge Richard Berman’s Sept. 4 order.
. . . .
Monday’s filing is merely one of several stepsin what will be a lengthy appeals process. The process will last well into 2016 and possibly beyond. :hyper: Indeed, by Dec. 21, attorneys representing the NFL will respond to Brady’s brief in a separate filing. That abomination referenced above. The two sides will then prepare for courtroom oral arguments that have been scheduled for March 3, 2016, with a decision by the three-judge panel likely to be made by early summer.
. . . .
Brady’s brief only has one legal purpose: convince the appellate judges that Judge Berman correctly applied the law in vacating Goodell’s decision. The brief is thus not designed to convert those who believe that Brady participated in a scientifically questionable ball deflation scheme into believers of Brady’s innocence. Nor is it designed to clear the Patriots of alleged wrongdoing in the 2015 AFC Championship game. The brief is simply designed to show that Judge Berman correctly applied the law. And that’s all. Something Ginger and his lawyers seem to have again forgotten.
. . . .
First, the brief reaffirms Judge Berman’s conclusion that Article 46 of the collective bargaining agreement (CBA) does not grant Goodell with unlimited authority to discipline players.
. . . .
The wording of Article 46 thus indicates sweeping discretion for Goodell. Brady’s attorneys, however, insist that Goodell cannot disregard other collectively bargained policies when applying Article 46. Those policies include stipulated fines for certain types of misconduct and requirements that players be on notice of the type of penalty they face when they engage in specific acts.

Building on that point, the brief charges that Goodell engaged in an “obstinate refusal” to observe fundamental requirements of fairness. For example, as the brief contends, Brady could not have received adequate notice that he would be subject to a four-game suspension when “no player in NFL history had ever received a suspension for alleged football tampering or failing to cooperate with a League investigation.” This is particularly the case, Brady asserts, since the only collectively bargained penalty for alleged football tampering is a fine.

The brief also ridicules Goodell for justifying Brady’s four-game suspension based on the fact that the collectively bargained performance enhancing drug (PED) policy also calls for a four-game suspension. As Brady’s brief and other materials detail, a four-game suspension for PEDs was the result of thorough negotiations between the NFL and NFLPA.
. . . .
Brady’s brief hits at several other points, including that Brady could not have received a fair hearingbefore Goodell when the commissioner denied Brady’s attorneys an opportunity to question NFL general counsel Jeffrey Pash, who edited the Wells Report—the very document used by the NFL to punish Brady The brief also takes care to vigorously defend Judge Berman, whom the NFL implied was influenced, if not star-struck, by the “celebrity” status of Brady and the NFL. Brady’s attorneys know that the three appellate judges could resent the NFL suggesting that Judge Berman, who is 72-years-old and has been a federal judge for 17 years, might be vulnerable to interpreting the law differently merely because a case features celebrity parties. Brady’s attorneys made sure to incorporate that point into the brief.

Lastly, the brief carefully details how Brady should have benefited from procedural safeguards recognized in disciplinary matters involving four New Orleans Saints players involved in Bountygate as well as matters involving Ray Rice, Adrian Peterson and Greg Hardy. For instance, in Bountygate, former NFL commissioner Paul Tagliabue recognized that it would be “inconsistent” with the CBA for the league commissioner to punish players without giving them advance notice. The reference to these other player matters highlighted how even though Article 46 is written in a way that seems to give Goodell nearly unlimited latitude, successful efforts by Kessler, Greenspan and other NFLPA attorneys have confined and constricted that latitude.

SI


Image

--J.D.
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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
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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
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Re: Deflategate

Postby Doctor X » Wed Jan 13, 2016 3:08 am

You cannot make this bullshit up:

Report: NFL worried about footballs deflating in chilly Minnesota
Eric Edholm: Shutdown Corner

The NFL seemed to deny the scientific premise that footballs lose air pressure because of weather conditions when it waged its deflate-gate war against Tom Brady and the New England Patriots last season.

But with temperatures reaching sub-zero for the Seattle Seahawks-Minnesota Vikings playoff game, the league appears willing to suspend its disbelief on Sunday.

According to ESPN's Sal Paolantonio, officials at TCF Bank Stadium — where temperatures might not rise above 0 degrees for Sunday's wild-card game — are concerned that the game balls could deflate below the 12.5-PSI floor.


To combat this, they're apparently switching out footballs at halftime with ones that have been left in the toasty locker room. And the ones they're using to start the game were brought out into the elements only 20 minutes prior to kickoff.

But again, we thought the Ideal Gas Law didn't exist?

We're not going to pretend that last season's AFC championship game between the Patriots and Indianapolis Colts had anything close to the same conditions — kickoff temperature last Jan. 18 was a relatively balmy 51 degrees before dropping through the course of the night closer to freezing. But the point remains that the league, in essence, dismissed the effect of temperature change on footballs then during its attempted takedown of Brady et al yet appears to be very much acknowledging that phenomenon now.

The NFL bending reality to benefit its own agendas? You don't say ...


Image

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"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

Postby Doctor X » Wed Jan 13, 2016 3:27 am

It gets even better . . .

The Biggest Wildcard in Deflategate? Adrian Peterson.

Background from Your Humble MagNIfIcence: Goodell and NFL lost Peterson's appeal, which they are appealing. The Federal Appeals Court prides itself on issuing rulings within 90 days of oral arguments. This is about January 17th--long before oral arguments for Brady v. Gingerfag.

Both rely on cases from courts lower than the Federal Appeals level. In other words, the finding of one Federal Appeals Court is more influential to another Federal Appeals Court.


The timeliest of these matters is Deflategate, where Tom Brady’s lawyers have relied on the lower court’s holding in Peterson’s case. Because the appellate decision will almost certainly be released prior to oral argument in Deflategate, and because appeals decisions are more important precedent than decisions in lower courts, the Peterson appeal figures to have a large impact on Deflategate. Depending on the outcome, it could be favorable to either side.

After Judge Doty of the federal District Court of Minnesota vacated Peterson’s season long suspension in February 2015, the NFL appealed the decision to the Eighth Circuit Court of Appeals (which hears cases from Minnesota, Arkansas, Missouri, Iowa, Nebraska, North Dakota and South Dakota).
The issues on appeal in the Peterson appeal differ from Deflategate, but (at least in the NFLPA/Brady’s view) relate to how Deflategate should be decided. They include:

Whether Judge Doty accurately concluded that the NFL’s arbitration officer (Harold Henderson) exceeded his authority by considering whether the suspension Peterson received was consistent with the Personal Conuct Policy in effect at the time of his conduct (instead of just looking at whether the new policy was retroactively applied).

Whether Judge Doty accurately concluded that the NFL failed to provide Peterson with adequate noticethat he could be suspended for a season for this type of conduct.

How Does This Impact Deflategate

As an initial matter,it is important to note that a federal appeals court opinion is stronger legal precedent than a district court (trial level) opinion and any internal NFL appeal (such as Bountygate and Ray Rice). So when the three-judge panel reads the Peterson Eighth Circuit opinion – and they certainly will – they will rely on the Peterson opinion more than the other cases cited in the NFLPA brief.

This is why appealing the Peterson decision was very risky for the NFL. If they lose (and the majority of appellants do), they set a strong negative precedent for future cases, including Deflategate.

How this could help Brady: This gives Brady yet another – even stronger – precedent to rely on to show that Judge Berman correctly held that Brady did not have notice that he could be suspended for four games for being “generally aware” of the actions of others. Furthermore, this weakens the NFL’s argument that Goodell had wide sweeping power to suspend under the “conduct detrimental” standard.

How this could help the NFL: The NFL has more to gain by an unlikely win in Peterson. If the NFL wins (and this would depending on the reasoning of the Eighth Circuit), the decision would likely significantly undercut the NFLPA’s notice arguments and support the argument that Goodell’s “conduct detrimental” power extended to situations similar to this. Would this be a slam-dunk for the NFL in the Deflategate appeal? No. Keep in mind that Judge Berman vacated the suspension on multiple grounds including that the NFL improperly withheld witness testimony and documents. Moreover, Berman reserved judgment on numerous other issues, which could still be winning arguments if the case is remanded back to him. :Popcorn:

The White Bronco


--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"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

Postby Doctor X » Tue Jan 19, 2016 9:38 pm

Image
One Year Anniversary

Good ol' Dan "I Thought They were Guilty Until I Read the Evidences--Thanks" Wetzel:

One year ago this week, an Indianapolis Colt named D'Qwell Jackson intercepted a Tom Brady pass in the AFC championship game.

The ball soon found its way into the hands of Brian Seabrooks, the Colts' assistant equipment manager, who was suspicious of its inflation level. He quickly had an intern measure it from the sideline (and in the approximately 48-degree temperature of Foxborough, Mass.). When it came in under the NFL minimum 12.5 pounds per square inch, everyone from Colts executives to officials and even an NFL vice president believed it was proof of blatant cheating.

The entire case worked backward from there, even if science says the psi level was probably exactly where it should naturally be and thus nothing unnatural, let alone nefarious, was occurring.

Science, of course, meant nothing in this case. At least not at the time.

What mattered was either the willful rejection or complete ignorance of it. No one in power that night in New England apparently knew what Ideal Gas Law was, let alone how it worked.

So deflate-gate was born.

One year later, Brady and the Patriots return to the AFC championship game on Sunday in Denver. Since that fateful moment an intern tested the football, Brady has gone 15-4 on the field and 1-0 in federal court. He has captured a Super Bowl and thrown 44 touchdowns against nine interceptions (with the NFL watching the footballs).

And despite the NFL stripping New England of a first-round pick, fining it $1 million and millions of fans still believing the story, you actually have to wonder if deflate-gate is finally dead … at least to anyone still paying attention. Namely, there appears to be a scientific consensus, if not unanimous opinion, that those footballs were never illegally deflated.

Most of the attention on the scandal has involved the circumstantial evidence, the leaking of false and prejudicial information, the invention of testimony, the federal court drama, the humor, the alibis, the excuses, the "deflator," New York tabloid headlines, the everything.

It's been wild, an all-time great media soap opera. It was easy to believe something happened. Yet early on scientists began arguing that the entire thing was really a misunderstanding of Ideal Gas Law. Bill Belichick even tried to explain it.

The problem at the time is the arguments were being made with false data supplied by the NFL (which vastly overstated the numbers) and no information on how it was collected or any surrounding circumstances. That allowed someone such as "Bill Nye the Science Guy" to counter Belichick's rudimentary defense in an analysis so shallow and unscientific it was comical (it was literally on "Funny or Die").

It was widely distributed, though, and most heard that and gave up on the science, tuning out howls from the Patriots.

The NFL brought in the group Exponent to handle its scientific analysis of the game balls. Exponent, of course, has been accused for decades for being hired by corporations to study and provide favorable finding on things such as the dangers of second-hand cigarette smoke, asbestos, possible automobile design flaws and even whether the Exxon Valdez needed a second hull. Exponent denies this and says its science is sound.

In this case, even Exponent acknowledged that it couldn't "determine with absolute certainty whether there was or was not tampering." That didn't matter to the NFL. Exponent couldn't rule out foul play, either.

[Scientist weigh in to destroy the Pasche-Well's Report and Exponent's flawed studies.--Ed.]

Then there were unaffiliated retired scientists, climate experts, professional labs, even the conservative think tank American Enterprise Institute, which crushed the science of Wells' report. A fourth-grader in Sacramento discredited it for her school science fair.
. . . .
The most damning rebuke is from Dr. John Leonard, one of numerous professors at MIT who have tackled this case. In a popular YouTube video, the Philadelphia Eagles fan doesn't just blast Exponent's conclusions but shows the flawed methodology that failed to account for how atmospheric pressure impacted the footballs that were measured at halftime. He basically calls them hacks, and when he fixes their mistake, he essentially closes the argument out. In the months-old video he asks Exponent to explain itself. To date, it hasn't. Apparently no one has disagreed with Leonard's findings.

"The Colts' balls were as much out of range as the Patriots' balls,"Leonard told a class on the deflate-gate at UNH, according to the Boston Globe. "It's pretty much an open-and-shut case, but somehow [commissioner Roger] Goodell never understood it, and still doesn't to this day."

What Goodell undoubtedly understands is that for regular people, science is confusing. And since special interests have politicized it on certain subjects, a lot of Americans are quick to reject it or doubt it, no matter how absurd doing so is. In this case, the problem with science is it required time, study and patience. Deflate-gate was about winning the news cycle.

1 Year After Deflategate Science Shows Shame of it All


--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"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

WS CHAMPIONS X3!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X5!!!!!


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