Tom Brady appealing Fed Courts in Deflategate
Tom Brady is appealing the Federal Court ruling on a 4 game suspension.
LINK: Brady appealing Deflategate
I won't rehash the linked article, but at least some lawyers feel Brady has unusually strong reasons that the appeal might be heard.
imhe, part of this has to do with Brady's reputation. And it underscores how strong of a competitor he is.
there probably isn't much chance that this is overturned. Still, as long as you don't consider the $ it takes to fight this, Tom as litterally nothing to lose and everything to gain if it is overturned.
Yep, everyone who isn't biased thinks the punishment is excessive but what is being challenged is the commisioners authority to issue the punishment.
The article focuses on changes that Roger made mid-stream in this case, and the appropriateness of having him function as an arbitrary judge, jury, executioner, decider of penalties, in this case and others. Of course, we're all Brady fans, but the reality is this is much bigger in terms of due process and what the commissioner can and can't do.
This isnt an issue of right vs wrong or if the NFL had sufficient evidence to suspend him. The issue is did Godell have the authority to suspend Brady and based on the collective bargaining agreement between the NFL and the NFLPA he did. He was given unfettered powers to be judge, jury and executioner along with being his own appeals court.
There are third world country dictators who wield less power. Blame the NFLPA leadership for being stupid enough to agree to this structure and the players themselves for being stupid enough to ratify it.
It's really sad how badly the NFL players get screwed by their union and the owners compared to other sports. Due to the short careers of NFL players, the poverty they tend to come from, and shortsightedness that comes from a playerbase that tends to be younger, they cant hold out and demand the same protections and benefits that MLB players gets. And they suffer a lot more after the game than those MLB players. If any sport should have nearly all contract money guaranteed it should be the NFL.
to break the fundamental rules of arbitration. He violated the CBA in his handling of this BS. 2 federal judges have that correct and I still can't figure out how two other 2nd Circuit judges see this differently. Those two judges are wrong.
Goodell was given way too much power in the CBA, but he still can't create his own brand of industrial justice.
But remember - this is also the same group of players that for YEARS was somehow convinced that it was in their best interest to have unfettered rookie contracts even though they reduced the total dollars available to be spent. How nobody in the NFLPA could figure out that giving huge contracts to rookies (basically people not yet in their "club") could possibly benefit themselves (people already in the club) when dollars were limited by a cap was beyond me.
I had a friend who retired in the late 80s from the NFL and I asked him about that once and he just laughed and said players basically do/vote whatever their agents tell them to do and nothing lines the pockets of agents more than unregulated rookie contracts.
If you want evidence that the average IQ of players in the NFL is somewhere short of Mensa there it is.
They are the people who are hurt. NFL players have a short career, if you don't get it up front there is a pretty good chance you won't get a second contract. All the money goes to 4 or 5 guys a team, most to the QB and everyone else gets the axe for salary considerations when it is time for the second contract or they get a back loaded contract and get the shit stick before the back loaded part pays. It is an ugly buisness model for labor for sure.
what an embarrasment the NFL can be. Let it go Roger and learn a lesson from it. You can't make up disciplinary policies after the act has been committed. Also, just accept the fact that the Patriots will always be one step ahead of everybody in the game of cat & mouse.
There's new evidence being introduced by another professional athlete. It turns out that Steven Adams of the OKC Thunder has discovered some new and interesting ways that balls can become deflated in the course of play.
#Topical
That aside, it seems to me that there's an interesting tension in the Brady case. On one hand, you have the federal policy favoring finality in arbitration decisions (also, the Federal Arbitration Act itself). On the other hand, you have a big due process question where Goodell stands as the source to whom one appeals Goodell's own decisions.
Agreed with those who are guessing this is about procedure / inherent fairness of the process, rather than substantive issues.
Good one dude! Man that looked painful
IIRC, the dissenting opinion in the recent appellate decision that went against Brady was from the chief judge of the second circuit. His scathing rebuke gives some degree of hope that the full court may hear it, just out of deference to the chief and the fact there are major issues that were seemingly swept aside.
This is definitley his last stand though. The US supreme court has no business hearing a case like this, with or without 9 justices.
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The attorneys representing Brady argue a rehearing is warranted because NFL Commissioner Roger Goodell doesn’t have the have the power to suspend Brady for his role in the deflation of footballs used in the 2015 AFC title game. The petition also claims Goodell disregarded the usual discipline schedule for equipment-related violations.
I just like that apparently there is a schedule for equipment-related violations and subsequent discipline, which sort of makes the entire thing sound like every March when I go to protest my assessment with the city.
In all seriousness though, you would think that the NFL would have better things to do than get involved in a protracted legal battle over the relative inflation of a football and accusations of cheating, but no.....get that bastard Tom, right?
I would think this would end up being a case about the facts of the case because
They say the arbitrator is covered in the contract but in the arbitration act of 1996 says:
3) An arbitrator may be challenged only if-
(a) circumstances exist that give rise to justifiable doubts as to his independence or impartiality,
Based on how the National Football League behaved (through its meat puppet journalists) during the coaching search (the one that yielded Harbaugh), I wouldn't be surprised if this is all just a scam to make people pay attention to the National Football League. I'm at least 9% serious.
It's not for people to pay attention to the NFL, it's so people WON'T pay attention to how the NFL front office has been actively involved in covering up the impact of concussions on the players:
http://espn.go.com/espn/otl/story/_/id/15667689/congressional-report-fi…
It pains me to say this, but Goodell has been masterful at doing exactly what his bosses required...trumping up charges on Brady/the Patriots to avert eyes from the real scandal!
BAM, Hey guys remember the flat balls????
I kind of reminds me of the terrorism threat scale, every time something bad comes out bam up goes the threat level.
I can't believe this whole situation. What does the NFL have to gain by tarnishing the reputation of one of its greatest players?
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you could jam the NFL up Roger Godell's ass for all I care. All of the NFL... up all of his ass.
I think it stands for Narcissistic Fucking Losers
it stands for Nummy Frog Legs cause frog legs are nummy
Nipples For Life
Nice Fedora Larry
Though I lost interest in the NFL long ago. The only time that I pay attention to that league is when Tom Brady plays.
It always makes me wonder why he didn't start at QB earlier in his career at Michigan.
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Good for him. Since there isnt any empirical evidence, then Goodell can buzz off. This entire case has been a joke and I hope that his suspension is overturned.
The Congressional report on the NFL pulling funding from the NIH concussion study, when they learned that they would not control the results, is more important than Brady even though both cases indicate that the NFL does not believe in science when it contradicts the league's perceived self interest.
We live in a Post Factual world. Truth is sold to the highest bidder. Reality is more fluid than water. News is reported that is known to be factually wrong, then it is brought up again as "it is being reported" never mind they are the ones who made it up to begin with. This becomes "there have been multiple reports" making it as close to fact as the unwashed masses need to make it a fact.
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This has gotten self-serving to an extreme on both sides frankly. The federal courts have better things to do, like addressing systemic civil rights violations, than drudging thru a brief suspension of a multi millionaire
While my opinion of the nfl was already as low as possible, my opinion of brady - whether suspended in the end of not, whether he cheated or not - has definitely fallen
Brady is fighting for his reputation which is being ruined by a ginger fuck cunt for no damn reason.
This actually is something federal courts should be hearing because it extends to arbitration across the board for all employees. The ruling the 2nd Circuit made in favor of the NFL is a terrible precedent to set in case law.
It means an arbitrator can hear an appeal and then just say fuck it I am punishing you for something I never even mentioned we were investigating. It's as unfair as possible.
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I hope they hear the case and say that Goodell stepped out of bounce. That would be a major slap in his face and the one I would enjoy. I have little hope, but Brady deserves it.