OT - Patriots, again- say it aint so Bill

[Dave B]

So here is what my questions is. Most folks have formed their opinion as to which side they stand on when it comes to this entire saga. Either for or against Brady.


Why such a severe punishment with such lousy evidence? Why did they go after the Pats and Brady so hard? Was the RG trying to show that he could get the big fish? This seemed personal and not logical at all.

[djg21]

Originally Posted by Mr.President

So here is what my questions is. Most folks have formed their opinion as to which side they stand on when it comes to this entire saga. Either for or against Brady.


Why such a severe punishment with such lousy evidence? Why did they go after the Pats and Brady so hard? Was the RG trying to show that he could get the big fish? This seemed personal and not logical at all.

Because Goodell had to save face after the Ray Rice affair and other NFL disciplinary failures. He probably is a short timer now.

[93legendti]

Originally Posted by Len J

Lots of procedural problems in how the Judge handled the process.. It's not over yet.

Here is a great summary IMO.

http://mmqb.si.com/mmqb/2015/09/01/n...y-judge-berman

I just read the article you cite. I didn't draw that conclusion. What part of the article makes you think it is not over yet?

[schwa86]

I think it is correct that it may not be over, but in terms of federal court appeals processes, Brady may be retired before it is over.

[FlashUNC]

Originally Posted by Mr.President

So here is what my questions is. Most folks have formed their opinion as to which side they stand on when it comes to this entire saga. Either for or against Brady.


Why such a severe punishment with such lousy evidence? Why did they go after the Pats and Brady so hard? Was the RG trying to show that he could get the big fish? This seemed personal and not logical at all.

Because Gooddell as a self-appointed judge, jury and executioner is kind of an idiot?

[djg21]

There is buzz that at least some owners don't want the NFL to appeal.

http://bleacherreport.com/articles/2...ategate-ruling

Berman's decision was well-reasoned and thorough. I don't think an appeal would be fruitful and Brady would play in the interim.

[Grant McLean]

Originally Posted by 93legendti

What part of the article makes you think it is not over yet?

Second paragraph?
"Expect the NFL to appeal, but for now Tom Brady is set to open the season next Thursday night as the quarterback for the New England Patriots."

http://mmqb.si.com/mmqb/2015/09/01/n...y-judge-berman

[93legendti]

Originally Posted by Grant McLean

Second paragraph?
"Expect the NFL to appeal, but for now Tom Brady is set to open the season next Thursday night as the quarterback for the New England Patriots."

http://mmqb.si.com/mmqb/2015/09/01/n...y-judge-berman

Expecting an appeal and citing a legal expert that there were "lots of procedural problems in how the Judge handled the process." Are two VERY different things. Appealing is easy. Filing the Appeal doesn't change anything. Write your brief, file within the statutory/procedural deadline and pay your fee. The appeal court agreeing to hear the case and overturning the judge are harder and higher hurdles. I can see how a non-lawyer might be confused.

Keep looking.

Originally Posted by Len J

Lots of procedural problems in how the Judge handled the process.. It's not over yet.

Here is a great summary IMO.

http://mmqb.si.com/mmqb/2015/09/01/n...y-judge-berman

[Len J]

Originally Posted by 93legendti

I just read the article you cite. I didn't draw that conclusion. What part of the article makes you think it is not over yet?

It will be appealed by the NFL:

He went outside the bounds of his authority and the agreement by both parties to not call witnesses and called witnesses and then based his opinion on the testimony of those witnesses.

He disregarded a process agreed upon in a CBA.

He is effectively allowing the NFLPA gain things in litigation that they were unable to gain through mutual negotiation, (which appeal courts don't like, especially around labor law).

Now, it may be finally settled after Brady is retired, but there is a ton to go yet.

Len

[93legendti]

Originally Posted by Len J

It will be appealed by the NFL:

He went outside the bounds of his authority and the agreement by both parties to not call witnesses and called witnesses and then based his opinion on the testimony of those witnesses.

He disregarded a process agreed upon in a CBA.

He is effectively allowing the NFLPA gain things in litigation that they were unable to gain through mutual negotiation, (which appeal courts don't like, especially around labor law).

Now, it may be finally settled after Brady is retired, but there is a ton to go yet.

Len

Disagree.
A federal judge controls his/her courtroom and has wide discretion. Even if what you say is true, if the judge reached the right result, the decision will be upheld.
If Goodell is foolish enough to appeal, the decision will not be reversed on appeal.

[djg21]

Originally Posted by Len J

It will be appealed by the NFL:

He went outside the bounds of his authority and the agreement by both parties to not call witnesses and called witnesses and then based his opinion on the testimony of those witnesses.

He disregarded a process agreed upon in a CBA.

He is effectively allowing the NFLPA gain things in litigation that they were unable to gain through mutual negotiation, (which appeal courts don't like, especially around labor law).

Now, it may be finally settled after Brady is retired, but there is a ton to go yet.

Len

Wishful thinking. The only casualty here will be Goodell.

[Grant McLean]

Originally Posted by 93legendti

Filing the Appeal doesn't change anything.

Except apparently, the definition of 'it's not over yet'.

-g

[MattTuck]

Wasn't this the judge that the NFL wanted? or atleast the NY courts were perceived to be more sympathetic to the NFL's case? AND it was the NFL that brought this to the courts in the first place, asking for their decision to be confirmed.

Now they're saying the judge screwed them and did not run a fair proceeding? I guess now they know how NFL players feel when Goodell is the judge. Seems appropriate to me.

I can think of no point in this saga that the NFL acted as a fair adjudicator of what was a (possible) rules infraction.

[FlashUNC]

Originally Posted by MattTuck

Wasn't this the judge that the NFL wanted? or atleast the NY courts were perceived to be more sympathetic to the NFL's case? AND it was the NFL that brought this to the courts in the first place, asking for their decision to be confirmed.

Now they're saying the judge screwed them and did not run a fair proceeding? I guess now they know how NFL players feel when Goodell is the judge. Seems appropriate to me.

I can think of no point in this saga that the NFL acted as a fair adjudicator of what was a (possible) rules infraction.

In a game where the Colts got curb stomped. This is the hill to die on? The one where the Colts couldn't stop anything? That's the one to get all righteous about balls?

[daker13]

Originally Posted by Len J

Lots of procedural problems in how the Judge handled the process.. It's not over yet.

Here is a great summary IMO.

http://mmqb.si.com/mmqb/2015/09/01/n...y-judge-berman

I have to echo 93legenti... I just read your link, and there's nothing at all in there about "procedural problems" by Judge Berman.

Why is this such a "great summary"? Your conclusions above don't follow what the author said in the article.