Title: Tom Brady WINS Source:
[None] URL Source:[None] Published:Sep 3, 2015 Author:US Dist Ct, Southern District of New Yor Post Date:2015-09-03 12:36:50 by nolu chan Keywords:None Views:1232 Comments:21
I don't care about the outcome one way or the other . It was my reading that the collective barganing agreement gave the Commish such powers . I don't know why the courts needed to be involved ,and who is going to pay court costs for this ? This was a much of a side show as the emperor going to Alaska to show the world that ice melts in summer .
I don't care about the outcome one way or the other. It was my reading that the collective barganing agreement gave the Commish such powers. I don't know why the courts needed to be involved ,and who is going to pay court costs for this?
The CBA does not give the Commish the legal authority to violate due process. The NFL actions were indefensible. The process was unfair. I guess they each pay their own costs.
This is what wins a gazillion union grievances against the government on appeal. They routinely violate due process. They have to follow their own rules and policies and cannot make up discipline after the fact. They must give adequate notice and a fair hearing, with an opportunity to confront accusers.
The CBA does not give the Commish the legal authority to violate due process. The NFL actions were indefensible. The process was unfair. I guess they each pay their own costs.
It looks like an episode of Failure Theater.
So the NFL wants to ding Brady and the Patriots but not really hurt them, so they cook up a phony suspension to look all tough but that they know will fall to pieces the first time it goes to court. And that is exactly what happens.
Shortly after the conclusion of the AFC Championship Game on January 18, 2015, senior NFL officials undertook an extensive (reportedly $3+ million) investigation into the circumstances surrounding the use by the Patriots of seemingly under-inflated footballs during that game's first half. On January 23, 2015, the NFL publicly announced that it had retained Theodore V. Wells, Jr. and his law firm to conduct an "independent" investigation, together with NFL Executive Vice President and General Counsel Jeff Pash.
At 5:
On May 6, 2015, the findings of the Pash/Wells "independent" Investigation were made public.
At 15:
Paul, Weiss acted as counsel to the NFL at the hearing. See June 23,2015 Hr'g Tr. 267:15- 20, 279:14-18; see also discussion infra pp. 37-38 (regarding Paul, Weiss's dual and seemingly inconsistent roles as "independent" investigator and counsel to the NFL).
At 35:
As co-lead investigator and senior executive with the NFL, Pash was in the best position to testify about the NFL 's degree of involvement in, and potential shaping of, a heralded "independent" Investigation.
At 37:
Compounding Brady's prejudice is the fact that, as noted, Paul, Weiss acted as both alleged "independent" counsel during the Investigation and also (perhaps inconsistently) as retained counsel to the NFL during the arbitration.
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So the NFL wants to ding Brady and the Patriots but not really hurt them, so they cook up a phony suspension to look all tough but that they know will fall to pieces the first time it goes to court. And that is exactly what happens.
No, Goodell epically failed, threatening to greatly undercut his own authority. Players are no longer going to just cave into his royal decrees from on high. They will call Jeffrey Kessler. The NFL wanted to come down on the Patriots and hurt them.
How could they possibly spend $3M on some underinflated footballs and some interviews with a few lockerroom guys and the coaches and Brady?
When you have no real evidence, it is expensive to get high fallutin names on reports that make believe you do.
The players are saying "one for the thumb" as the string of court victories extends to five. When Goodell keeps getting shot down in court, you would think he would learn and change something, at least polish up his act. Think of what the owners pay Goodell to stage this sort of public fiasco.
When Goodell keeps getting shot down in court, you would think he would learn and change something, at least polish up his act.
I still think this is kabuki. They want to leave the fewest pissed off fans since they rely on all that NFL merchandising for their fatcat salaries.
So they impose a penalty their lawyers assure them will fall apart in front of the first judge that reads it.
But the Patriots fans will still support their team and buy their NFL merchandise. And the Superbowl opponents will feel vindicated and still buy their NFL merchandise, as will the supporters of all the other NFL teams.
So when you consider this as a exercise of vulgar economic determinism and a path of least resistance, it makes a lot of sense for Goodell to weasel around this way, intending to lose in court from the beginning of this farce.
