"Tom Brady prefer his balls to feel a certain way" - balls underinflated

[emperus]

I think in the end that will happen. A few owners were getting a little upset with Goodell. The fact that he is going to continue to push this can't be the favorable action.

though with the ruling i would think he HAS to. He was given unchecked powers and the courts said he has to be fair. eh doesn't want that!

I actually disagree. These are billionaire owners who are used to getting their way. They may fall behind Goodell just because. Shit, you think with the 4 previous Fed loses they would have at least fired someone (their lead counsel at least).

 

[emperus]

Here are 4 key points from the ruling.

The Court finds Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate footballs, and noncooperation with the ensuing investigation. Brady also had no notice that his discipline would be the equivalent of the discipline imposed upon a player who used performance-enhancing drugs.

The Court finds the NFL's steroid policy cannot reasonably be used as a comparator for Brady's four-game suspension for alleged ball deflation by others in the first half of the AFC Championship Game and for noncooperation in the ensuing investigation.

Commissioner Roger Goodell's reliance on notice of broad CBA “conduct detrimental” policy -- as opposed to specific player policies regarding equipment violations -- to impose discipline upon Brady is legally misplaced.

The Court finds Goodell's denial of the Players Association's motion to produce certain investigative files, including notes of witness interviews, for Brady's use at the arbitral hearing was fundamentally unfair and that Brady was prejudiced as a result. The interview notes were, at the very least, the basis for the Wells Report, and Brady was prejudiced by his lack of access to them.

For the reasons stated herein, the Management Council's motion to confirm the arbitration award is denied and the Players Association's motion to vacate the arbitration award is granted. Brady's four-game suspension is vacated, effective immediately. The Clerk is respectfully requested to close cases 15 Civ. 5916 and 15 Civ. 5982.

 

[TheGardener]

Default Quote: Originally Posted by lupi View Post I read that excerpts where he made statements about how he believed the process should have been handled and made statements about how he thinks precedent should have applied in the matter. All of which is pretty much moot in the instance where there is a defined contract stating he can do as such which is why a majority of the legal analyst said the case would likely go against Brady as the judge wouldn't want to be appealed and if he did rule against the nfl they were almost assured of a win at the circuit appeal level. Federal Laws (policy) are never moot even when a contract is signed. Ex. there are specific reasons why arbitration awards can be overturned https://www.law.cornell.edu/uscode/text/9/10 Quote: 9 U.S. Code § 10 - Same; vacation; grounds; rehearing US Code Notes prev | next (a) In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration— (1) where the award was procured by corruption, fraud, or undue means; (2) where there was evident partiality or corruption in the arbitrators, or either of them; (3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or (4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.

Okay you cited the law. What you failed to do is to cite what evidence there is that the judge acted with prejudice or where the judge acted in a fraudulent manner. Just quoting the law doesn't mean that you understand how to apply it!

Goodell says he will appeal. This is bad for the NFL brand. Goodell has a history of making decisions based on a knee jerk reaction. He's not a deep thinker. Instead of enhancing the NFL brand, the NFL has missed an opportunity to make Tom Brady the face of the NFL. By continuing this misguided vendetta, not only are they hurting Tom Brady who is a model citizen of the NFL, but they are detracting from the 2015 season. This reminds me of Captain Ahab sacrificing his ship, crew and himself to capture and kill Moby Dick. Here are a few quotes from the book.

“Talk not to me of blasphemy, man; I'd strike the sun if it insulted me.”

“for there is no folly of the beast of the earth which is not infinitely outdone by the madness of men ”

“Cannibals? Who is not a cannibal? I tell you it will be more tolerable for the Fejee that salted down a lean missionary in his cellar against a coming famine; it will be more tolerable for that provident Fejee, I say, in the day of judgement, than for thee, civilized and enlightened gourmand, who nailest geese to the ground and feastest on their bloated livers in thy pate de fois gras.”

 

[Phoenix86]

NFL already said they will appeal and as it appears the judge here injected his prejudice in the process, think it would be much more difficult for it to turn out the same way next time around. Just means it will be going on that much longer.

How?

edit: disregard, it was answered in another comment.

 

[emperus]

Okay you cited the law. What you failed to do is to cite what evidence there is that the judge acted with prejudice or where the judge acted in a fraudulent manner. Just quoting the law doesn't mean that you understand how to apply it!

Goodell says he will appeal. This is bad for the NFL brand. Goodell has a history of making decisions based on a knee jerk reaction. He's not a deep thinker. Instead of enhancing the NFL brand, the NFL has missed an opportunity to make Tom Brady the face of the NFL. By continuing this misguided vendetta, not only are they hurting Tom Brady who is a model citizen of the NFL, but they are detracting from the 2015 season. This reminds me of Captain Ahab sacrificing his ship, crew and himself to capture and kill Moby Dick. Here are a few quotes from the book.

“Talk not to me of blasphemy, man; I'd strike the sun if it insulted me.”

“for there is no folly of the beast of the earth which is not infinitely outdone by the madness of men ”

“Cannibals? Who is not a cannibal? I tell you it will be more tolerable for the Fejee that salted down a lean missionary in his cellar against a coming famine; it will be more tolerable for that provident Fejee, I say, in the day of judgement, than for thee, civilized and enlightened gourmand, who nailest geese to the ground and feastest on their bloated livers in thy pate de fois gras.”

I'm confused about what you are saying. I am arguing the Federal Judge was not biased. I showed that by quoting his ruling.

Courts have held that "[t]he absence of statutory provision for discovery techniques in arbitration proceedings obviously does not negate the affirmative duty of arbitrators to insure that relevant documentary evidence in the hands of one party is fully and timely made available
to the other party .... [A] failure to discharge this simple duty would constitute a violation of
FAA§ IO(a)(3), where a party can show prejudice as a result." Home lndem. Co. v. Affiliated Food Distribs., Inc., No. 96 Civ. 9707 (RO), 1997 WL 773712, at 04 (S.D.N.Y. Dec. 12, 1997) 36 (citing Chevron Transp. Corp. v. Astro Vencedor Campania Naviera. S.A .• 300 F. Supp. 179, 181 (S.D.N.Y. 1969)). The Court finds that Commissioner Goodell's denial of the Players Association's

and then by pointing out one of the Federal Rules of Arbitration (FAA§ IO(a)(3)) the judge used to make his point.

9 U.S. Code § 10 - Same; vacation; grounds; rehearing

US Code
Notes
prev | next
(a) In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration—
(1) where the award was procured by corruption, fraud, or undue means;
(2) where there was evident partiality or corruption in the arbitrators, or either of them;
(3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or
(4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.

 

[cabri]

emperus and theGardner actually seem to be on the same page.

 

[Phoenix86]

I read that excerpts where he made statements about how he believed the process should have been handled and made statements about how he thinks precedent should have applied in the matter. All of which is pretty much moot in the instance where there is a defined contract stating he can do as such which is why a majority of the legal analyst said the case would likely go against Brady as the judge wouldn't want to be appealed and if he did rule against the nfl they were almost assured of a win at the circuit appeal level.

You're missing the entire point of shop law. It's why the judge was keen on precedent. The shop (NFL) has to have rules with punishments defined. They didn't and made shit up, because Goodell thought he could due to the CBA. \

Just because two parties agree to something doesn't make it legal.

A wild example is: I want to hunt you as prey in a forest. You agree to a huge sum so your family can have a wonderful life. I kill you. I'm still guilty of murder.

So the NFL and NFLPA agreed to let Goodell do this, but it violates shop law, so when that happens it's challenged in court and they win.

It's happened twice in a row with Brady and Peterson.

It might happen again with Greg Hardy... The handling of punishment in that case was also very "shoot from the hip".

 

[TheGardener]

I'm confused about what you are saying. I am arguing the Federal Judge was not biased. I showed that by quoting his ruling.

Did you at least like my Moby Dick quotes?

 

[emperus]

Did you at least like my Moby Dick quotes?

Ok. some good quotes. Did you just finish Moby Dick? I respect people who can call up quotes from books speaches.

 

[smackababy]

Such it non Pat fans! I can't wait to taste your salty tears!

 

[soulcougher73]

Even a moron knows when to stop crying, you take the cake. You're the retard that brought up Russell Wilson into this thread and compared him to Brady.

Now, that we've learned that he's a fraud and shitty role model, no he's not a model citizen. Cry more!

Wooo now. Slow down. Don't lump retards in the same category as Dainthomas. That's just low man

 

[TheGardener]

Ok. some good quotes. Did you just finish Moby Dick? I respect people who can call up quotes from books speaches.

I read Moby Dick in high school. Is it cheating to use the internet?

 

[DrunkenSano]

Drafting Brady in the 9th round as my primary QB is working out great now.

 

[kn51]

I think in the end that will happen. A few owners were getting a little upset with Goodell. The fact that he is going to continue to push this can't be the favorable action.

though with the ruling i would think he HAS to. He was given unchecked powers and the courts said he has to be fair. eh doesn't want that!

Let me preface this by saying I'm a Colts fan. So of course, that pretty much says I don't have much love for Brady by default.

This fiasco just needs to move on and needs to be let go. Unfortunately Goodell's actions have marred about everything. He is fumbling around and has created a distraction for opening night a week from today.

Roger reminds me of a lot of execs...getting drunk on power and not realizing this fracas is a sunk cost that needs to be abandoned for the betterment of the game as a whole. Ego is what stands in the way.

 

[WHAMPOM]

Let me get this straight. Brady goes whine to a federal judge "NFL took away my game playing priviledge, make them give it back!" And the judge does, but what gives a judge the power to over-rule the NFL? A quarterback cannot tell the balls are under inflated is Brady's excuse to go back to play? The other team did.

 

[emperus]

And the judge does, but what gives a judge the power to over-rule the NFL?

I swear Hate makes people say the dumbest ish.

 

[smackababy]

Let me get this straight. Brady goes whine to a federal judge "NFL took away my game playing priviledge, make them give it back!" And the judge does, but what gives a judge the power to over-rule the NFL? A quarterback cannot tell the balls are under inflated is Brady's excuse to go back to play? The other team did.

Typical Pat hater. No, Brady says Goodell, in the absence of real evidence, gave him a sentence for a punishment (not giving / destroying his phone) that does not fit the precedent set forth by the league years earlier (Brett Favre's penis debacle). A judge agreed the NFL can't simply make up punishment for rules on the fly, as was done in this case.

 

[LegendKiller]

If anyone could bungle an open and shut case like that it's freakin Goodell. That guy should be thrown out on his ass for a multitude of reasons.

"Open and shut" doesn't mean what you think it means. That or you are a retard.

 

[Phoenix86]

Let me get this straight. Brady goes whine to a federal judge "NFL took away my game playing priviledge, make them give it back!" And the judge does, but what gives a judge the power to over-rule the NFL? A quarterback cannot tell the balls are under inflated is Brady's excuse to go back to play? The other team did.

No, let's be clear. You don't have anything straight.

 

[Anubis]

No, let's be clear. You don't have anything straight.

lol

 

[LegendKiller]

I read that excerpts where he made statements about how he believed the process should have been handled and made statements about how he thinks precedent should have applied in the matter. All of which is pretty much moot in the instance where there is a defined contract stating he can do as such which is why a majority of the legal analyst said the case would likely go against Brady as the judge wouldn't want to be appealed and if he did rule against the nfl they were almost assured of a win at the circuit appeal level.

I don't think you understand how contract law works. If a contract violates the law it doesnt matter if Noth parties singed it, it can be challenged in court, even years later, even with new laws. There is plenty of case law to support that.

 

[emperus]

"Open and shut" doesn't mean what you think it means. That or you are a retard.

What's actually funny is that if the NFL had done a few things differently, they wouldn't have lost this case. So, then it begs to question, what were they afraid of that they didn't do those things (i.e appoint an independent arbitrator, let Pash Testify, turn over the Wells investigation Notes). But we all know the answer to that question; if they did those things any rational non biased person would have known the NFL's case was largely bullshit.

 

[LegendKiller]

Let me get this straight. Brady goes whine to a federal judge "NFL took away my game playing priviledge, make them give it back!" And the judge does, but what gives a judge the power to over-rule the NFL? A quarterback cannot tell the balls are under inflated is Brady's excuse to go back to play? The other team did.

The fucking law of the land gives the judge power. Are you so stupid as to think a contract can overrule state, federal, and constitutional law?

 

[Phoenix86]

"Open and shut" doesn't mean what you think it means. That or you are a retard.

It really is an open and shut case. It's why the judge was able to make a ruling so quickly and not have to wade through tons of shit. I expected him to issue an injunction to allow himself time to decide before opening day.

The fact he decided so quickly and so strongly should tell you just how weak the case was.

In a nutshell the NFL had:

1. Some text messages from the pats equipment guys talking about ball pressure.
2. Complaints from other teams regarding one game.
3. Questionable measurements from another game.
4. Cell phone wasn't turned over.

1-3 Aren't coherent enough (not all the same game) and not reliable (measurements).
4 Had precedent that wasn't followed, meaning the new punishment violated shop law.

The case was extremely weak.

 

[LegendKiller]

What's actually funny is that if the NFL had done a few things differently, they wouldn't have lost this case. So, then it begs to question, what were they afraid of that they didn't do those things (i.e appoint an independent arbitrator, let Pash Testify, turn over the Wells investigation Notes). But we all know the answer to that question; if they did those things any rational non biased person would have known the NFL's case was largely bullshit.

If they had done things differently there would have been no case. Their entire "case" relied on subjective, capricious, and vindictive application of non-rules.

And I am no pats fan, but I do understand the law somewhat.