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Brady 4 game suspension upheld; Will go to court


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BB

"I didnt cheat. I mean, I didnt help Brady cheat. No. Oops. He didnt cheat this time. Dammit. We dont cheat anymore. S*** F****. Can I start over?"

 

Or "I'm retiring."

 

Or he hands Kraft a napkin with "I quit" scribbled on it and heads to the Jets.

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interesting - learn something new every day.

 

Something about that article just seems off. The concepts fit together poorly, to the point that I'm pretty sure Florio has not one clue what he's talking about.

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court can't do a damn thing to stop the suspension. Completely within league rights to determine who is suspended and for how long

Unfortunately, the court could (and in my opinion, likely will) place an injunction on the suspension, pending a civil trial.

 

Something about that article just seems off. The concepts fit together poorly, to the point that I'm pretty sure Florio has not one clue what he's talking about.

I know what you mean...

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I tried to find a Samuel L Jackson clip saying "cheatin' mutha $%^&a", but I struck out. Good luck getting a TRO after you destroyed evidence, TommyBoy. I read from a link posted earlier that Brady's lawsuit is most likely going to be procedural, in that Goodell was biased and should not have heard the appeal. His guilt will not be a question in the lawsuit, but it will be for the TRO, and I'm sure no judge will look kindly on his obstruction of justice. I give this a 50-50 chance of the NFL prevailing for dismissal at summary judgement.

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BB

"I didnt cheat. I mean, I didnt help Brady cheat. No. Oops. He didnt cheat this time. Dammit. We dont cheat anymore. S*** F****. Can I start over?"

We're getting ready for Pittsburgh... We're getting ready for Pittsburgh...
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I wrote this at SabreSpace and someone asked me to post it here:

 

Very materially. In the Second Circuit (for the rest of the board, that's where this is playing out, if this was filed in Manhattan): a party must demonstrate (1) irreparable harm absent injunctive relief and (2) either (a) a likelihood of success on the merits, or (b) a serious question going to the merits to make them a fair ground for trial, with a balance of hardships tipping decidedly in the plaintiff’s favor.

Lots of circuits do not have the "serious question" option.

Now let's analyze: What's the irreparable harm? Not his lost salary, because money is never, ever considered "irreparable harm." Not likely his reputation, since at the end of the day, he could still be vindicated by a verdict in his favor. It's got to be the opportunity to play. With a normal occupation, that won't fly, since the real opportunity is to earn money (again, never, ever considered "irreparable harm"),but maybe with a waning football career, he's got something. Maybe.

The second prong of the test: Overturning an arbitrator's decision is hard, so he probably doesn't have a likelihood of success on the merits. But one basis for overturning an award is arbitrator bias, and he may try to argue that Goodell is biased. That's at least a serious question going to the merits. Now we're down to a balance of hardships, and whether it tips decidedly in his favor, and I have no idea. The league has a serious interest in wanting to effectively and efficiently discipline cheaters. Brady has an interest in playing football. Don't know what a judge is going to do there.

 

Thanks for posting. Why is the issue of Goodell's bias a "serious question going to the merits" if the CBA the players agreed to expressly grants RG the authority to oversee appeals? The "he's biased" assertion is nothing more than another "I didn't do it" assertion. I read the SI.com article with the legal analysis, but who would truly believe that RG wants to see the league's bell cow QB be suspended? I believe the NFL's decision on the appeal was brilliantly crafted to place the majority of blame squarely upon Brady's specific actions to impede the investigation. How does any RG bias even play into that?

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Coffee and lies...

 

@AndrewSiciliano: Bill Belichick press conference live tomorrow morning 9:30 ET @nflnetwork

mumble mumble We're on to Pittsburgh mumble mumble

mumble mumble We'll split reps between Tom* and Jimmy mumble mumble

 

mumble mumble any other player would have been cut months ago mumble mumble

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If he gets an injunction, they settle. They will probably settle before then, in any event.

 

I have to wonder how long Brady will be willing to go with this. It seems to me that the longer he goes, the more he tarnishes his image. And, that being said, it's one hell of a shot across the bow from the league to file suit first.

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mumble mumble We're on to Pittsburgh mumble mumble

mumble mumble We'll split reps between Tom* and Jimmy mumble mumble

 

mumble mumble any other player would have been cut months ago mumble mumble

i would love to tell that stupid guy to speak up. and add the mf at the end too. why not?

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florio is sorta wrong here. The NFL isn't going to file a declaratory judgment action under the FAA, I don't believe. The CBA is governed by federal labor law, which gives the NFL a right under that statute to seek confirmation of an arbitration decision.

 

He's right though that the NFL is forum shopping.

Well they are, but can you imagine the outcry after all this evidence of guilt that Brady doesn't serve a suspension because he doesn't like the union rules that the NFLPA agreed to? I'll go ballistic if that happens.

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Let him take it to court. Let Br*dy tarnish his legacy even more with a protracted legal battle. I'd love to see Br*dy come to the Ralph and play while fighting it in court. The crowd would be insane.

I would MUCH rather see Garoppolo play and a NE loss in Game 2, especially if we beat the Colts in Week 1.

 

Brady's absence from Game 2 is critical. If we can get off to a 2-0 start in 2 of our toughest games of the year, the playoff fight will get a whole lot easier.

The crowd will be going insane anyway.

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Well they are, but can you imagine the outcry after all this evidence of guilt that Brady doesn't serve a suspension because he doesn't like the union rules that the NFLPA agreed to? I'll go ballistic if that happens.

They really screwed themselves.

 

Nothing in the CBA says he can't be arbitrator, but they're b!@#$ing about him being arbitrator.

 

Way to go, guys!

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