Tom Brady's Deflategate appeal denied
Tom Brady's appeal of his four-game Deflategate suspension was denied by the 2nd U.S. Circuit Court of Appeals. It's now Supreme Court or bust.
http://pro32.ap.org/article/tom-bradys-deflategate-appeal-rejected-federal-court
At this point it's probably bust. The Supreme Court is highly unlikely to hear the case. He can always try and pursue some non-judicial options like a social media scorched-Earth campaign against Roger Goodell (fuck him BTW), but that is probably not going to be worth it.
I have always wondered if this issue was big enough for the NFLPA to threaten to go on strike notwithstanding the language of the contract. The Court's earlier decision did not address the substance of the case but only the power of the commissioner.
I also wonder whether Brady might be able to prevail in a slander case.
The NFL owners only understand one thing and that is money.
The NFLPA going on strike over Tom Brady's suspension? You're talking all players sacrificing pay for one hugely well-paid player. Don't think that's an active discussion.
One player? Not hardly. It's about Goodell acting as judge, jury and executioner regardless of the evidence or the agreed upon punishment, with the players having no recourse until the next contract. In this instance it impacts one player, but every other player in the NFL is subject to similar treatment by Goodell.
What exactly are they going to strike for? To get rid of Goddell? Try selling that to the rank and file who have average career spans of 3-4 years.
stop with the "gate" garbage
dumbest thing ever and we can thank the idiots in the media for it
MGoBoard-gate is almost as big of a problem is deflate-gate
Not as big as BaconGate or PokemonGate
You might be less cranky if you had a nap.
Isn't it the middle of the night for him? Hmmm... either that explains his crankiness or something's fishy in Sydney.
He's not actually from Sydney. He explained it once - he splits his time between New York, Ohio, and somewhere else (Area 51?).
I am from Sydney. I just live in Manhattan now. Been here for about five years. My parents are from the U.S.A. and moved to Sydney years ago. I was born there.
As evidenced by this delightful Wikipedia page.
I love that someone actually took the time to write this. Look at the number of scholarly references!
I prefer Deflateghazi
Ballghazi
To hell with the NFL
Or tomfoolery. I regulary use the three words in my life to describe an absurd situation.
To put this in perspective, the NFL gave Tom Brady...TOM FUCKING BRADY!!!!...the same punishment for taking the air out of some footballs as they gave Johnny Manziel for two years of being a drug-addled, drunken, fucked-up douchebag.
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standard rules of arbitration are all irrelevant in the NFL. Goodell can suspend someone for sneezing too hard in a meeting. That's really neat.
Great work 2nd Circuit. Really setting a wonderful precedent for arbitration going forward!
As I understand it, the "evidence, truth, science..." stuff is irrelevant in this case. I think the ruling is strictly on whether or not Goddell has the authority to hand down punishments. It's not a ruling on the actual legitimacy of Goddell's punishment, just whether or not he has the authority to punish.
However, Tom was punished based on lies by the NFL and the "science" expert they hired in Exponent. The whole thing is bullshit.
This gives Goodell authority to do whatever he wants in arbitration. That includes making up new grounds for the punishment after an arbitration hearing has concluded. That goes against everything arbitation is about.
Wide sweeping power granted by the CBA does not give any arbitrator the right to change the grounds for punishment without giving notice to the person being punished.
Your last sentence is the real issue - and the larger issue that comes from this. The appeal was really based on a review of the arbitrator's power, not on the power granted Goodell (since he was acting as an arbitrator when he upheld the suspension).
That's why you saw so many people/groups with a vested interest in arbitration (arbitrators, unions, etc.) file briefs in support of an en banc hearing.
I know en banc hearings are rarely granted, but I thought the 2nd Circuit might have an interest in not setting horrible precedent for future arbitration. I guess I was wrong.
I was in the exact same boat. It was one of those "while these are rarely granted, this is THE type of case that could be the 1%."
I was definitely surprised today by the decision. Even if he didn't win en banc, I actually expected it get to that hearing so they could clean up the record a little bit and answer some of the criticisms. Then again it's the Second Circuit so I suppose I shouldn't have been shocked with them siding with an employer.
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The punishment power Goodell has is solely the fault of the players association. They approved the CBA...in my opinion, they have no one to blame but themselves for anything dumb Goodell does.
So the Patriots will only go 12-4, compete in their 7th Super Bowl, and win their 5th Super Bowl in the last 15 years. The people of Boston must be devastated.
Cum on the mirror. I don't know what that means. Tried looking it up, and I still don't know.
You shouldn't type that into google if you're at work. Probably not at home, either.
You need Google lessons if you typed that in and didn't find it. You may have to go to your Google Settings and turn off SafeSearch.
You can blame the players union for agreeing to that. They really miss Gene Upshaw, Winston and Smith were taken to the cleaners by the owners last time around. Hell, NFL players practically put their life on the line every time they take the field and they don't even have guaranteed contracts. Timofey Mazgov is gonna make more money than most NFL players and that's an utter joke. Especially for a league that is expected to top $13 billion in revenues in 2016.
So it appears that the Players Association gave him exactly that authority. Brady being a player rep makes this a bit ironic, but the players should not have been so naive about the incompetence and lack of judgement of the commissioner. The NFL commissioner is owned by the owners of the teams, and the NFLPA was foolish to agree to grant him any power of discipline at all. All discipline cases should have been sent to an outside arbitrator.
him, it was a compromise deal that finally led to the last players union agreement with the league. The players have been fighting Goodell over this for sometime and were hopeful that the courts would give them something to go on. Not that deflategate was the best case to challenge commissioner disciiplinary control.
Of course the NFLPA agreed to this authority. It us in the CBA. It was dumb of them to agree, but, yes, they did agree.
If the NFLPA couldn't get the courts to agree that Goodell was being arbitrary in this case, there Goodell imposed a six+ million dollar fine when there is no evidence that any rules violation occurred, let alone that Brady was the culprit, Goodell couldn''t lose any suit over his authority. The NFLPA fucked up big time, and they'd be foolish to allow the NFL Commisiioner to have any disciplinary authority in the next CBA.
My knee-jerk reaction was "Yeah, stop this GATE stuff. It's lame!" but after thinking about it for a second, it's a very convenient way to refer to things.
Sure, someone could type "The Tom Brady ball-inflation incident and subsequent litigation" but DeflateGate is much a tidier way to say the same thing. Lame and effective are not mutually exclusive.
There's a Watergate hotel, but no Deflategate stadium or footballs made by the Deflategate division of Riddell. It was very convenient for the origin of this "gate" phrase to happen in a place that allows for easy linguistic manipulation.
Too bad those folks back in the 70s couldn't have broken into the Mandarin Oriental. I don't think anyone would've touched that one.
What?
The "-gate" thing came about because it was useful. Had the plumbers broken into the mandarin oriental, it would just be another suffix from another scandal that would have been used rather than "-gate."
"Deflatedome," anyone?The "-gate" convention is certainly over-used, but, as you say, it is efective. The purpose of language is communication, and "-gate" communcates very efficiently. That it twists the panties of idiots is just a bonus.
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