OT - Patriots, again- say it aint so Bill - Page 102

William · #**1516** 09-03-2015, 09:37 AM

:d

Dave B · #**1517** 09-03-2015, 09:42 AM

this is fantastic, I cannot wait to begin the trash talking at lunch surounded by colts fans!

AJosiahK · #**1518** 09-03-2015, 09:48 AM

ding ding ding,

and for the next round.....

djg21 · #**1519** 09-03-2015, 09:55 AM

Judge Berman's decision:

https://cbsboston.files.wordpress.co...andecision.pdf

djg21 · #**1520** 09-03-2015, 10:01 AM

NFL indicating now that it intends to appeal. This has become a side show.

FlashUNC · #**1521** 09-03-2015, 10:06 AM

Quote:

Originally Posted by djg21

I'm looking for Judge Berman's decision. I'm sure some media outlet has or will post it. It's on PACER, but I'd rather not pay for it. If anyone finds it, please post the link!

Deadspin has it. Judge basically didn't rule on the punishment, but ruled that the NFL's disciplinary process is terrible and rife with problems that did not afford Brady a fair arbitration.

He didn't weigh in on the "did he know about the balls" bit, just that the NFL's process is awful. And this is from the judge in the venue the NFL wanted.

MattTuck · #**1522** 09-03-2015, 10:06 AM

Quote:

Originally Posted by djg21

I'm looking for Judge Berman's decision. I'm sure some media outlet has or will post it. It's on PACER, but I'd rather not pay for it. If anyone finds it, please post the link!

here.

Was in a meeting when this news dropped.

I wish he could suspend Goodell for 4 games as punishment for this travesty.

MattTuck · #**1523** 09-03-2015, 10:11 AM

Quote:

Originally Posted by FlashUNC

Deadspin has it. Judge basically didn't rule on the punishment, but ruled that the NFL's disciplinary process is terrible and rife with problems that did not afford Brady a fair arbitration.

He didn't weigh in on the "did he know about the balls" bit, just that the NFL's process is awful. And this is from the judge in the venue the NFL wanted.

Yeah, I'm not sure (from a legal perspective) that the actual outcome of the arbitration was ever in doubt. Basically, the reasoning is that a sound process would result in a fair ruling/punishment from the commish. Since the process was not sound, you have to vacate the ruling.

God, I hope Goodell gets the boot.

djg21 · #**1524** 09-03-2015, 10:42 AM

Just read the decision. Unless NFL wins the appeal, which is low probability, it looks like Brady is going to skate with no discipline. The Decision is very critical of Goodell and the NFL. IMO, the most damning legal language is the holding that there is no NFL policy or precedent that would put a player on notice that he could be subject to discipline for being generally aware of another person's alleged misconduct (p. 25 - I'm not directly quoting because I cannot cut in past from article). If all the NFL has on Brady is that he was "generally aware" of some alleged scheme to deflate balls, the matter should be over.

The Judge also takes the NFL to task for denying Brady an opportunity to interview Pash and refusing Brady discovery. He characterized those failures as "fundamentally unfair." This entire disciplinary process has been revealed by Judge Berman to have been a kangaroo court. The NFL should be embarrassed and Goodell should be fired.

Len J · #**1525** 09-03-2015, 10:44 AM

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

FlashUNC · #**1526** 09-03-2015, 10:50 AM

Quote:

Originally Posted by djg21

Just read the decision. Unless NFL wins the appeal, which is low probability, it looks like Brady is going to skate with no discipline. The Decision is very critical of Goodell and the NFL. IMO, the most damning legal language is the holding that there is no NFL policy or precedent that would put a player on notice that he could be subject to discipline for being generally aware of another person's alleged misconduct (p. 25 - I'm not directly quoting because I cannot cut in past from article). If all the NFL has on Brady is that he was "generally aware" of some aleged scheme to deflate balls, the matter should be over.

The Judge also takes the NFL to task for denying Brady an opportunity to interview Pash and refusing Brady discovery. He characterized those failures as "fundamentally unfair." This entire disciplinary process has been revealed by Judge Berman to have been a kangaroo court. Goodellthe NFL should be embarrassed and Goodell should be fired.

All of Goodell's recent suspensions -- Bountygate, Adrian Peterson, Ray Rice, Brady -- have been overturned for one reason or another on legal challenge.

Sounds like the NFL needs to re-evaluate its arbitration process.

MattTuck · #**1527** 09-03-2015, 10:50 AM

Haha, from page 5:

Quote:

On May 6, 2015, the findings of the Pash/Wells "independent" Investigation were made public.

From page 25:

Quote:

Commissioner Goodell may be said to have 'dispensed his own brand of industrial justice.

Turns out an arbitrator cannot be arbitrary. Who knew.

djg21 · #**1528** 09-03-2015, 10:57 AM

Quote:

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

This is good! I have always subscribed to the theory advanced by Brandt that Brady simply "told the guys that he liked the balls on the low side of the allowable pressure" and the equipment managers "maybe they went south of that." This is the simplest and most probable explanation in my opinion, and would not be any rule violation.

This was a witch hunt.

93legendti · #**1529** 09-03-2015, 11:01 AM

Quote:

Originally Posted by FlashUNC

Deadspin has it. Judge basically didn't rule on the punishment, but ruled that the NFL's disciplinary process is terrible and rife with problems that did not afford Brady a fair arbitration.

He didn't weigh in on the "did he know about the balls" bit, just that the NFL's process is awful. And this is from the judge in the venue the NFL wanted.

The judge DID rule on the punishment. Starting at p. 21, "Inadequate Notice of Discipline and Misconduct, No Notice of Four Game Suspension", "No Notice of Any Discernable Infraction", "No a Notice of Suspension as Opposed to Fine.."

The Judge found as follows:
"The Court finds that no player alleged or found (to have done what Brady was accused of) could be on notice that their discipline would...be the same as applied to a player who violated NFL Policy on Anabolic Steroids..."
P. 23.

'It is the "law of the shop" to provide professional football players with (advance) notice of prohibits conduct AND of potential discipline (emphasis added).'
P. 25.

And

'Because there was no notice of a four-game suspension in the circumstances presented here, Commissioner Goodell may be said to have "dispense(d) his own brand of industrial justice."'
P. 25.

MattTuck · #**1530** 09-03-2015, 11:09 AM

And, the thing is this. It would be pretty straightforward to create some sort of disciplinary board outside of the NFL that was both impartial, fair and was held to some legal standard.

The current set up (and legal smack down as a result of that set up) seems like it has more to do with the commissionners megalomaniacal tendencies and thirst for unrestricted power than good corporate governance.