Will loser of Brady case appeal?

AP

For weeks, I’ve been saying that the Tom Brady litigation will end in the near future only with a settlement. And even with Monday’s settlement conference resulting in yet another no-settlement declaration, a settlement remains possible until the moment Judge Richard M. Berman rules on the case.

If/when he rules, the losing party (or both parties, in a lose-lose outcome) will have the automatic right to appeal the decision to the U.S. Court of Appeals for the Second Circuit. Eventually, a three-judge panel assigned from 22 total judges on the circuit would hear the case and decide it. The losing party at that point could petition for a rehearing before the entire 22-judge Second Circuit. Eventually, the losing party could try to persuade the U.S. Supreme Court to take up the case.

But an appeal will happen only if the losing party chooses to prolong the case. Either side could, in theory, decide to accept Judge Berman’s ruling and move on.

Brady probably would be more inclined to do that, but only because the NFL presumably has no willingness to do anything other than push its position as aggressively as humanly possible. If the league loses before Judge Berman, it will shrug at the predictable findings of a judge the lawyers will privately (or publicly) deride as liberal and activist, and they’ll hope for a more conservative panel at the next level.

There’s also a chance that a settlement could be reached on appeal. But with little or no progress made toward a resolution despite the earnest efforts of Judge Berman, it’s unlikely that the two sides will ever find a middle ground on this one — even if Judge Berman crafts a final outcome that they both dislike, such as a second appeal hearing with former Commissioner Paul Tagliabue presiding and Jeff Pash, John Jastremski, and Jim McNally testifying.

106 responses to “Will loser of Brady case appeal?

  1. Yes, I’m sure Tom Brady will appeal and continue this pathetic effort to convince the world he wasn’t caught blatantly cheating.

  2. my guess is that the NFL will ABSOLUTELY appeal but Brady may let it go….just a hunch….

    I say this cause Brady does not have much to gain. Four games after 15 years of NFL duty? However, the NFL is fighting to stop ALL future player appeals by redefining the “law of the shop” on “integrity” …

  3. Mara couldn’t get Tom to agree to being suspended for 3 games, so that he could come back for the game against the Cowboys. These owners are scum. They would sell their own mothers out.

  4. “The losing party at that point could petition for a rehearing before the entire 22-judge Second Circuit. Eventually, the losing party could try to persuade the U.S. Supreme Court to take up the case.”

    ___________

    Seriously???

    ___________

    I am at this moment speechless… I am begging anyone in the NFL offices who might read this post to end the madness… Free Tom Brady…

  5. Full sentence will be served. Draft picks and fine will also remain.

    Perhaps, this will finally send the message to this franchise. They must play within the rules moving forward. No excuses.

  6. The bigger question should be: If the NFL/Goodell loses this ruling, will the nfl owners do what most want and fire the commissioner? that is the real question most want answered!

  7. From the Bountygate case, didn’t the judge rule in favor of the NFL saying that it cannot override the CBA, but then gave the arbitration to a neutral arbiter?

    This is the same CBA now as was then, so this could be a real option. As a Pats fan, I truly want just a neutral observer to weigh in on ALL of the facts. I don’t care how long this takes.

    I do not want Brady to win on a technicality in court, and I surely don’t want to see Goodell cruise to a victory just because the CBA gives him limitless powers. I want a neutral party to tell me who’s right. If Brady is guilty I’ll be the first to disown him (as was every Pats fan with Hernandez when the allegations first came out). But if he’s innocent, which I truly believe, I want this to go away and an apology issued on his behalf.

    None of this can occur without neutrality, however.

  8. I like the idea of another appeal/hearing presided by a neutral third party but also with the two Patriot employees, McNally and Jastremski subpoenaed and testifying under oath. That is absolutely the best way to get at the truth.

  9. Do you mean “Will Brady appeal?” I suspect that’s his next move…he’ll be looking to pull a StarCaps deal and delay any ruling long enough to retire.

  10. The lawyers involved won’t let this end at this level. If I’m a lawyer, what would I have to lose? Especially if I’m working for the NFL Legal team I might as well convince Goodell, of course if we appeal we’ll have a great chance of “winning”, because the lawyer fees will escalate and the lawyers will continue to make more money. Welcome to the American dream.

  11. More analysis coming directly from Brady’s lawyers…

    Brady has more reason to negotiate because he was caught red-handed and doesn’t want the ball boys testifying – which he will then lose many NE fans over his lying and cheating.

  12. Yeah more lawyers testifying. How about having the ball boys testify finally. This is like a murder trial without the hitmen. Hope they are having a great time making triple their salary in the MLS.

  13. If the NFL appeals it will show the entire world how petty and vengeful they are. There own lawyer admitted that they have no evidence. Judge Berman said there is no evidence against Brady. Every person who bothered to read the Wells report and Goodell’s appeal ruling knows that this has been a witch hunt since day 1. The Colts who started this, whose equipment people admitted measured the intercepted ball on the sidelines (a clear violation of the rule Brady is being castigated for) are laughing at how the played Goodell and his minions in the front office. Waste @1o million on deflategate when the total bill comes in instead of investing in better equipment or concussion research or relief….shame on the NFL!

  14. Why is it that nobody asks for ball boy testimony…..Not Brady, not NFL, not the Judge…hmmmm?

    The one thing they can ALL agree is to not humiliate Tom Shady with Patriot fans. Patriot fans can deny anything but that. Therefore, this is really an agreement of allowing Brady to save face with the rest of the NFL and its fans, versus the interest of the NFL to maintain discipline. The Patriot fans are in a different universe that are left to believe Brady is either not guilty, or that it doesn’t matter. They think this is about questioning if Tom is guilty – it isn’t.

  15. skooter519 | Aug 31, 2015, 11:35 AM EDT

    He’s going to wipe out the suspensions and give them back their draft picks. Anyone can see that there was no wrong doing here.
    ————-

    Judge Berman can’t give back the picks or reduce/remove the fine on the team. Penalties against the team are not part of the legal matter before him.

  16. If Brady wants to lose his wife and have his hair plugs fall out from the stress he will appeal after the judge upholds Goodell’s decision. I’m not sure how the NFL can possibly lose, its written in black and white in a legally binding contract known as a collective bargaining agreement that he has the authority to punish Brady under article 46. Unless you can go back in time and remove this section from the cba there’s nothing to challenge here. It is and always has been a frivolous case launched by Brady and the NFLPA.

  17. If Brady wins there will never be another suspension for any reason. When a guilty man is free it upsets the complete balance of justice.

  18. What will be much more interesting is how the Giants will stop making silly circus catches with gloves the size of catcher’s mitts once the equipment review folks get rolling. Mara will have to go back to pretending he doesn’t see his team’s fake cramping on every opponent’s red zone play.

  19. I think it’s more likely that Brady appeals (if he loses) than Goodell/NFL appeals if they lose.

    Goodell will start getting pressure from some owners to just drop the whole thing. It’s clearly more of a vendetta for him, than any search for justice on behalf of the other 31 teams.

  20. gisellichek says:
    Aug 31, 2015 11:38 AM
    I am at this moment speechless… I am begging anyone in the NFL offices who might read this post to end the madness…

    ++++++++++++++++++++++++++++++++

    Don’t worry, the NFL employees are not only reading, but commenting on these stories. In case you haven’t noticed, they are the pro-NFL group here. They get into each story faster than anyone to accuse Brady of cheating. Just as they will once there is a ruling, no matter what the outcome. It’s a cluster.

  21. davetrembley says:
    Aug 31, 2015 11:47 AM
    I like the idea of another appeal/hearing presided by a neutral third party but also with the two Patriot employees, McNally and Jastremski subpoenaed and testifying under oath. That is absolutely the best way to get at the truth….

    Agreed. Provided that Jeff Pash and Mike Kensil are also subpoenaed to testify under oath.

  22. I doubt Judge Berman will make am appealable ruling. The logical course of action would be to send the case to a neutral arbitrator and keep it out of the courts

  23. I would prefer that he send it back for appeal and order Nash, Jastremski and McNally testify. As well, I would like him to order that Nash be available for questioning, that Wells’ notes be shared with the NFLPA and that he allow for the NFLPA to question Vincent on how he was delegated the responsibility.

    Why?

    I firmly believe that the Patriots did nothing wrong to begin with. There is no proof of the balls being deflated to begin with and less to create some conspiracy. With all the information out and available to the public, it would not only exonerate Brady, but would also demonstrate to the public just how ridiculous the NFL has acted during the entire affair. Plus, it could serve as the final nail in Goodell’s coffin.

  24. I hope Roger just puts him on the commissioners list. You can’t play in the NFL as long as you are suing the NFL Tom.

  25. Just to clarify-

    There is an appeal of right to a panel of the Second Circuit (three judge panel).

    The en banc hearing before the full second circuit for the “loser” of the 2d Cir. appeal is not of right- it is discretionary. It is *less likely* for the most part, than a Supreme Court appeal, as it is unlikely that the 2d Cir. would need to clarify any 2d Cir. precedent.

    A Supreme Court appeal is also discretionary. While we all love football, this is an exceptionally unlikely case for review.

    In short, this case will almost certainly end with the panel. And other appeals will almost certainly go nowhere.

  26. NFL has no chance under the law. They violated every term in the CBA and did not provide an impartial hearing on top of lieing every chance they had and have ZERO EVIDENCE Brady cheated.

    This is about saving their ugly faces. If Peter King said they couldnt not go on what do u think spending $5 million on a bogus framejob invesitgatio. And countless more millions on attorney fees for thia fiasco.

    Of course those delta bravos are going to appeal and their attorneys will laugh at them all the way to the bank

  27. whywerule says:
    Aug 31, 2015 11:57 AM
    davetrembley says:
    Aug 31, 2015 11:47 AM
    I like the idea of another appeal/hearing presided by a neutral third party but also with the two Patriot employees, McNally and Jastremski subpoenaed and testifying under oath. That is absolutely the best way to get at the truth….

    Agreed. Provided that Jeff Pash and Mike Kensil are also subpoenaed to testify under oath.
    ——————————–
    And Grigson and the dude from Baltimore.

  28. I like the idea of another appeal/hearing presided by a neutral third party but also with the two Patriot employees, McNally and Jastremski subpoenaed and testifying under oath. That is absolutely the best way to get at the truth.

    ++++++++++++++++++++++++++++++

    So do all those who want to believe rightly or wrongly Brady and the Patriots are guilty. The other side of that is some of us want to see Pash, Wells and Goodell take the stand and have their communications subpoenaed too!

  29. Even if Goodell wins, he’s already lost. Especially if Brady is granted a stay under appeal.

    Judge Berman has eviscerated the Commissioner and the Owners for having a blatantly unfair process (and just being idiots) – and we KNOW that Goodell and other NFL sources are on the record LYING – in the case of Goodell, for lying under oath in the Ray Rice Videogate case.

    After taking such a beating on Ray Rice, having reporters and Judges expose Goodell for what he is – a liar – has already caused lasting damage.

    Remember – only ONE person in this situation has been PROVEN to be a liar – Roger Goodell (and the owners)

  30. swagger52 says: Why is it that nobody asks for ball boy testimony…..Not Brady, not NFL, not the Judge…hmmmm?
    ———

    Because that would be ILLEGAL.

    This trial is about the validity of the appeals process. The dorito dinks did not testify at the appeal, therefore they cannot testify at this hearing.

    This explanation has been repeated 104 times now. You’d think almost everyone would grasp the concept by now, with the possible exception of Jets and Colts fans.

  31. Why is there such an assumption that the ball boys testimony hurts Brady? Wells interrogated them for hours in what we now know was a prosecution and not an investigation and gathered diddly. I know McNally has lawyered up after the NFL botched the Naqi leak and put his family in danger but I bet Jastremski has a lawyer well. I suspect both are biding their time letting Brady’s appeal play out before filing defamation suits against the NFL. These boys don’t make enough dough to keep lawyers on retainer…The lawyers are there for an eventual pay out. So everybody chill out about the ball boys. They will be heard in court no matter how Berman rules. And most likely their testimony will mirror the seven hours of testimony that Pash edited out of the Wells Report.

  32. This is an awesome use of the federal court system.

    “Remember – only ONE person in this situation has been PROVEN to be a liar – Roger Goodell (and the owners)”

    And… The New England Patriots.

  33. Everyone loses because Patsies deflated balls to their liking which is a form of cheating. Should not have turned into a federal case but patsies/liberal america made it so.

  34. It’s obvious Brady is innocent.

    The scientists that have checked this the most thoroughly say the pressures were what they should have been in the given weather. Gay-Lussac’s law is pretty simple actually. A 20F drop results in a 1psi drop, and the rain results in another ~.4psi drop – check figure 28 in Exponent’s appendix in Wells’ report for that.
    If you do a Gay-Lussac’s calculation for yourself, make sure you use Kelvin, and psia (27.2) NOT psig (12.5).

    If you want to say that the Colts’ didn’t drop as much, you would be wrong. The Pats’ were measured right away at halftime, then they were inflated, THEN 4 of the Colts’ were checked. They had significantly more time to warm back up, which increases the pressure. If you want to see how fast the pressure rises in this situation, look at figures 21/22 in Exponent’s appendix in Wells’ report.

    If you look, you will find a few scientists who think Brady cheated – but these physicists neglect the effects of the rain, or were working off the original “11 were 2 psi under” report which is now known to be erroneous. The 11 averaged 11.49psig by the logo gauge, which is what was used pregame (google ‘Dave Garofalo Swan Boat’ for an explanation to that mystery).
    That’s only 1 psi below the legal minimum, easily explained by the temperature and rain.
    The 12th (intercepted by D’Qwell Jackson) was measured 3 times by NFL exec James Daniel – with Jastremski’s gauge – and averaged 11.52psig.

    Google ‘Drew Fustin deflategate’ for a pretty thorough analysis of the numbers. If you disagree with his conclusion, you better be able to find a mistake in his reasoning.

  35. Even if Goodell wins, he’s already lost. Especially if Brady is granted a stay under appeal.

    Judge Berman has eviscerated the Commissioner and the Owners for having a blatantly unfair process (and just being idiots) – and we KNOW that Goodell and other NFL sources are on the record LYING – in the case of Goodell, for lying under oath in the Ray Rice Videogate case.

    After taking such a beating on Ray Rice, having reporters and Judges expose Goodell for what he is – a liar – has already caused lasting damage.

    Remember – only ONE person in this situation has been PROVEN to be a liar – Roger Goodell (and the owners)

    Remember— no matter how many times you post or what you say in those posts one thing will not change…… The public perception is that the Pats are cheaters and their fans are obnoxious twits beaming with an inflated estimation of their importance. The public is also tired of the story….after all the question is did the Pats cheat and is like asking if fat dogs fart….of course they do.

  36. Haters forget that McNally and Jastremski already provided 7 hours of sworn testimony

    Goodell doesn’t want you to see it – it was left out of the Wells Report. Goodell COULD have called them to testify in the appeal too. He didn’t want their testimony. All you haters need to ask yourself WHY Goodell fears them when you’ve convinced yourselves that they are the smoking gun

    My hope is the Judge DOES send this back to a truly neutral arbitrator but releases ALL the Wells Report notes so the NFLPA and ALL of us can see what evidence (or lack of evidence) Wells and Goodell based their findings on

    If it’s like every other piece of info such as the Appeal Transcripts, there’s TONS in there Goodell doesn’t want anyone to see because it makes Brady look innocent and Goodell look guilty of fabricating a false scandal.

    If there was ANYTHING incriminating from McNally or Jastremski you can be sure the NFL would have already released or leaked it

  37. my bet is the judge sends this back to a neutral arbiter, and that arbiter gets the Wells report with his notes, but the notes, and not the report, contain the testimony from the ball boys.

    then we end up with a fine for taking the balls into the bathroom.

    unfortunately the teams picks and fine are gone.

  38. Err-hmm… the ruling is in: both Belicheat and Bradycheat are found guilty (by the Court of Public Opinion).

  39. One neutral arbitrator agreeable to both parties.

    Former Patriot employees McNally and Jastremski testifying under oath but with legal representation not provided by the NFLPA.

    That is all you need. You do not need Jeffrey Pash to testify. He wasn’t there at the time of the alleged incident. You do not need Roger Goodell there. He wasn’t there either.

    Just five people in a room with a tape recorder.

    Then let the chips fall where they may.

  40. For the geniuses saying they want to hear from the equipment guys…

    What’s more likely than not is that the NFL has a general awareness of what Jastremski and McNally said in their interrogation … Wells found it so compelling and useful that he devoted about two sentences in 243 pages.

    If you think the NFL wants to trade a full disclosure of Wells notes and testimony from a list of NFL employees, and some on the record comments from the guy who has escaped scrutiny the most, Walt Anderson, you are brain dead. No way Goodell wants all that exposed to some sunshine… under oath? Never.

    If this gets to Tagliabue or any independent arbiter via a Berman decision to send it back
    its over for Ginger. Appellate court menan 1-2 years of more of this…Goodell takes that over a new arbitration until Mara tells him the CC says no…

  41. It’s hilarious – no matter how much info keeps coming out about Goodell and the owners lying and fabricating this scandal (even Wells own “evidence” shows there was no deflation – though they did back flips to “assume the opposite” to make it seem otherwise) they insist that “Brady is lying”

    Can any of you show where? Or is this just because you’ve convinced yourselves that footballs were deflated when they clearly weren’t

    I can show you where Goodell has lied – repeatedly. Proven lies. No question.

    Can any of you Patriots haters do the same?

    Or will you just default to your same old “Brady is a cheater because I say he is!” tantrum

  42. vancouversportsbro says:
    Aug 31, 2015 12:15 PM
    I think we all know the verdict here.

    Guilty without a doubt.

    No hall of fame and vacated super bowl for Brady.

    Congrats on the repeat, Seattle.

    That’s the way you wish that it worked Seattle. Just skip over the trial or the game and declare the side you like the winner regardless of any pesky facts or scores that just cloud things. Not in the real world as you already found out last year.

  43. davetrembley says:
    Aug 31, 2015 12:26 PM

    One neutral arbitrator agreeable to both parties.

    Former Patriot employees McNally and Jastremski testifying under oath but with legal representation not provided by the NFLPA.

    That is all you need. You do not need Jeffrey Pash to testify. He wasn’t there at the time of the alleged incident. You do not need Roger Goodell there. He wasn’t there either.

    Just five people in a room with a tape recorder.

    Then let the chips fall where they may.

    ———-

    it would still be an appeal……meaning everything that was used to arrive at the NFL’s original punishment is open to review. Including Pash’s testimony.

  44. If Brady wants to stick with the notion that he knew nothing or never directed the 2 stooges, he will lose this battle. It won’t get real until mcnally & jastremski are called to testify.

    But if that ends up happening, Brady will quietly concede beforehand and say something about being ready to move on while not admitting guilt just to put the whole matter in the rear view mirror or whatever his PR person tells him to say.

  45. greymares says:
    Aug 31, 2015 11:52 AM
    When a guilty man is free it upsets the complete balance of justice.

    ————-
    Agreed. Maybe that’s the plot for the Ray Lewis movie.

  46. What is amazing is how many Ravens fans were ready to hang Roger last year and now they have his back.

    The enemy of my enemy is my friend.

    So transparent

  47. mattspapi says:
    Aug 31, 2015 12:27 PM

    You say JJ and JM mean nothing in this………well Wells DID try to get second interviews with them. So obviously Well’s thought they had some importance. And obviously they did since Kraft refused to let Well’s speak with them again. Why hide them?!?!?! There’s two sentences devoted to them (which is an exaggeration on your part) b/c Kraft hid them. Plain and simple. So much controversy over what they would have gone to ESPN with, or what ‘deflator’ means, or why Brady contacted them 6 times after the game………and yet we cant just hear it from their mouths. Thats extremely odd to say the very least! No reason to hide them if the truth is that no wrongdoing happened. Dont kid yourself, they know something.

  48. Berman- Any proof?
    NFL – None.

    Makes perfect sense.

    Thanks to Berman for getting the truth out there. Everything said after that is hate & jealousy that’s been festering for years.

  49. .
    If Berman upholds the expansion of power under article 46 of the CBA, then the NFLPA will have no other option to appeal.

    These new powers would give Goodell unlimited and unchallenged control over the rosters of every team. He could fine and suspend for ” conduct detrimental at will.
    .

  50. Mike Florio- If Brady wins and NFL appeals, wouldn’t it be in Brady’s interest/possible to file a defamation lawsuit?

    He wouldn’t even have to go through with it, but as the discovery process unfolds, and “leaks” occur, I would think it would pressure NFL to drop and move on.

  51. The NFL has already won. The NFL always wins. Even when they lose they win.

    How? Because we all love football and the start of the season is here!!!

    We are all going to move on from this.

    However, my guess is that the judge will scold the NFL for their incompetence but uphold the ban because of the CBA.

    Brady will appeal or get an injunction and play all the big games, Pitt, Dallas and Indy. Then the suspension will come down for four games in late October and the Pats lose enough games to lose the division and a home playoff game.

    That’s what the NFL wants. And the NFL always wins.

  52. I’m still looking for evidence any evidence something was done. But once you hate a man, coach or team you don’t need that they’re just plain guilty.

  53. The only thing that can be proven is that Tom Brady did not cooperate with the investigation. Leading one (Wells) to believe that he was hiding his cheating ways. That’s not what this appeal is about. It’s about two sides being asked to compromise. Neither side wants to do that because it does not set precedence for future suspensions if they compromise now. Since neither side wants to do so, it will come down to the precise writing of the CBA. Lawyers and judges are going to interpret the agreement differently as well as try to loophole the heck out of it. Whoever wins and whoever loses, expect the next CBA year to be a tough negotiation along with the chance of a strike looming large.

  54. Judge Berman has eviscerated the Commissioner and the Owners for having a blatantly unfair process (and just being idiots)
    ——————-
    It’s not the commissioner or the owner’s fault. The PLAYERS agreed to this in the new CBA. So the players can blame their NFLPA rep or themselves. But instead, they wanted a bigger chunk of the revenue pie, so they gave up concessions. Don’t come back crying about it after the fact.

  55. The owners grasp for power exceeds even their own best interests.

    It is disappointing that Berman would say both side worked hard to reach a settlement. That is absurd on its face. Everything about this case indicates that the NFL was not looking to resolve the case; rather, they were using and destroying Brady — probably the NFL’s best pr asset — to expand their power vis-a-vis thee NFLPA.

  56. davetrembley says:

    …McNally and Jastremski testifying under oath but with legal representation not provided by the NFLPA.

    That is all you need….
    Just five people in a room with a tape recorder.
    ==================================

    a few more than 5, why were there 6 NFL operations at the game with one screaming, we got you!

    need Walt anderson too.

    and then let’s get the truth

  57. the CBA even though it allows the commissioner many powers, never did allow an unfair process, that is why the NFL went to court to obtain the judges approval that the ruling was provided within the framework of fairness.

    now we will see what the judge rules.

  58. You can bet your bottom dollar that if Berman rules in the NFL’s favor, EVERY SINGLE PERSON who said that Berman has to rule for the NFL regardless of any incompetence, bias and lack of fundamental fairness, will turn around and say, “see I told you Brady was guilty.”

    Instead of acknowledging that all the Court said was, “no matter how unfair and wrong and biased this process is, we can’t intervene.”

  59. I don’t agree. It has nothing to do with the “framework of fairness”. It has everything to do with the framework of the agreement. The Collective Bargain Agreement.

  60. boogerhut says:
    Aug 31, 2015 1:04 PM

    How many court resources is this crybaby willing to waste?
    ————————

    Boss Goodell isn’t going to stop until he gets what he wants, court resources be damned.

  61. byrnestj7 says:
    Aug 31, 2015 1:40 PM

    What an absolute waste of time for the federal court system
    ————————

    You’d think Boss Goodell would have learned his lesson by now.

  62. Funny how these articles always neglect to point out that the Appeals Court doesnt have to accept an appeal. If they agree that the filing is frivolous and unlikely to succeed.so, Brady looses, appeals, Circuit Court rejects appeal…case over.

  63. The Judge could easily rule that he suspension is reduced to 2 games and only for obstruction. It would be hard for either party to further waste court time if that was the ruling.

  64. billneftleberg says:
    Aug 31, 2015 2:31 PM
    the nfl should take the Patriots franchise away.period

    ……..

    Over a ball violation. Good thing you aren’t in charge.

  65. “Regardless of the ultimate outcome, it’s clear that the NFL’s disciplinary and rule-making processes lack basic fairness, credibility, transparency, and consistency.” — John Dowd

  66. Brady will use this – no matter what the outcome of the legal ruling – to go on a tear 2nd half of year. See Pats going 7-1 or 8-0 2nd half. Will mop the floor once again with Colts once again in the playoffs.

  67. troy43mvp says:

    I don’t agree. It has nothing to do with the “framework of fairness”. It has everything to do with the framework of the agreement. The Collective Bargain Agreement.
    ==================================

    so why did the NFL go to court?

    to prove what?

    why are 5% of CBA cases overturned, based on what.

    i’m guessing its the fairness issue.

    remember this, this shop is completely different than other union shops, here the workers have no ability to seek employment for their craft elsewhere.

    we’ll see.

  68. Let me reiterate my prediction since before the Super Bowl…

    Brady will accept 4 games suspension, but will not accept cheating. Shady will claim..
    1.he took the fight to wire because he was innocent.
    2.this is all because of animosity over their winning record.
    3.he can see now that it is distracting to the Patriots because the process is dragging out.

    This is all worked out in advance like the WWE. Shady gets to play in Super Bowl despite cheating, but at least he can save face with the Patriot fans that will ignore the cheating truth.

  69. Whatever side loses will appeal, and Brady will 100% without a doubt, play the entire 2015 season (unless he gets hurt).

    People seem to think that if Brady loses his suspension will be carried out immediately. This is not true. No court in the land would allow the league to carry out its intended punishment against a player while the the player was still appealing.

    If Brady loses, his legal team will immediately file both an appeal and a motion for an injunction preventing the league from carrying out the suspension. It will granted and Brady will play week one.

    And given how long the appeals could take, it could be WELL into 2016 before his appeals are expired.

  70. They won’t wait till 2020 to redo CBA. It’s being rewritten as we speak by Berman. The NFL asked for it and the are getting it. That’s what happens when greed exceeds common sense.

  71. t38267 says:
    Aug 31, 2015 2:16 PM
    You can bet your bottom dollar that if Berman rules in the NFL’s favor, EVERY SINGLE PERSON who said that Berman has to rule for the NFL regardless of any incompetence, bias and lack of fundamental fairness, will turn around and say, “see I told you Brady was guilty.”

    Instead of acknowledging that all the Court said was, “no matter how unfair and wrong and biased this process is, we can’t intervene.”
    ——-
    They need something to hang those pink hats on.

  72. Excerpt from the article:

    “…If the league loses before Judge Berman, it will shrug at the predictable findings of a judge the lawyers will privately (or publicly) deride as liberal and activist…”

    – – – – – –

    What?…As opposed to vile and corrupt like Goodell and his cronies (including you, too, ESPN).

  73. When Commish Goodell did not allow the NFLPA to call Pash, Kensil or Gardi, during the appeal hearing, they immediately violated US Code title 9 Section 10, part 3. “.. or of any other misbehaviour in which the rights of any party have been prejudiced.”

    No court can overturn a ruling based on this clear violation.

  74. The Patriots fans here seem to think that Tom Brady’s innocence somehow hinges on the NFL’s inability to prove him guilty. Regardless of whether Ted Wells and Roger Goodell are morons or liars, it doesnt automatically mean Tom Brady never did anything wrong.

    I dont care what he did, he is still undeniably in the conversation for best ever, but he is not innocent just because the NFL is run by incompetent people. The perception is that he is a cheater, and that wont change no matter what the outcome is.

    So save your energy Pats fans, there is no changung some people’s minds. And most of those people think like I do, but they enjoy riling you up. Just like people love riling up Seattle fans with claims of rampant PED abuse. Just take a breath and let it go.

  75. I don’t agree. It has nothing to do with the “framework of fairness”. It has everything to do with the framework of the agreement. The Collective Bargain Agreement.
    ===
    The CBA doesn’t exist in a vacuum. The FAA, contract interpretation, and Due Process superseded the CBA and provide the framework in which the CBA exists.

  76. Seems to me the loser appeals. But does there have to be a loser? Couldn’t the judge decide it in the middle? Even then there would be appeals most likely.

  77. I’ll go back to my original theory. No Patriots footballs were deflated by use of a needle. After preparing the surface of the footballs to Brady’s satisfaction, the equipment personnel inflated the footballs to 12.5 PSI………in the sauna. After a few minutes, only the surface has cooled and they are delivered to the referees for inspection. As the balls completely cool, the PSI goes down naturally. No need to use a needle, no need to tamper after ref inspection.

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