TheFunPolice Posted March 9, 2016 Share Posted March 9, 2016 Big deal... IF the NFL wins the appeal Brady will appeal the appeal... Then one side will appeal the appeal of the appeal Link to comment Share on other sites More sharing options...
papazoid Posted March 9, 2016 Share Posted March 9, 2016 (edited) 7th grade student uses science project to debunk deflategate http://boston.cbslocal.com/2016/03/08/deflategate-tom-brady-roger-goodell-new-england-patriots-lynn-science-project/ Edited March 9, 2016 by papazoid Link to comment Share on other sites More sharing options...
YoloinOhio Posted March 13, 2016 Author Share Posted March 13, 2016 @benvolin Notes: #Patriots sure are acting like theyre bracing for Brady to lose his appeal http://www.bostonglobe.com/sports/2016/03/12/free-agency-kicked-off-with-bang/iWMbsRFRioTNAKOoGjJi1I/story.html Link to comment Share on other sites More sharing options...
machine gun kelly Posted March 13, 2016 Share Posted March 13, 2016 My god can this just end? I don't really care about a punishment, and the benefit of this story is simply the hype around the balls and no one will ever push the envelope with any balls. Link to comment Share on other sites More sharing options...
MattM Posted March 13, 2016 Share Posted March 13, 2016 (edited) @benvolin Notes: #Patriots sure are acting like theyre bracing for Brady to lose his appeal http://www.bostonglobe.com/sports/2016/03/12/free-agency-kicked-off-with-bang/iWMbsRFRioTNAKOoGjJi1I/story.html As they should be--based on the 2d Circuit's comments, justice is about to be served. Better late than never, I guess.... Edited March 13, 2016 by MattM Link to comment Share on other sites More sharing options...
Green Lightning Posted March 13, 2016 Share Posted March 13, 2016 And they should be--based on the 2d Circuit's comments, justice is about to be served. Better late than never, I guess.... Agree. He's a liar in a franchise of liars. Suspend him, formalize the affair as part of his legacy, and move on. Link to comment Share on other sites More sharing options...
JohnC Posted March 13, 2016 Share Posted March 13, 2016 As they should be--based on the 2d Circuit's comments, justice is about to be served. Better late than never, I guess.... The justices' comments coming from the bench during oral arguments very often don't reveal as much as people think. The judge who made the initial ruling that the league appealed wrote a narrowly focused ruling on the process, a process that had a lot of questionable aspects to it. Your opinion is as good as any on this extended issue. However, I strongly believe that Roger Goodell is again going to be repudiated on this ridiculously handled trivial issue. You can put me on record that out of soldiarity with Brady if he serves a suspension I will stop posting while the suspension is in effect. For me this issue isn't about New England and Brady; it really is about the abuse of authority and dishonesty of the commissioner. My position has been the same since the beginning of this inflated affair. I'm steadfastly standing by my position and I'm confident in my position. Link to comment Share on other sites More sharing options...
MattM Posted March 13, 2016 Share Posted March 13, 2016 (edited) The justices' comments coming from the bench during oral arguments very often don't reveal as much as people think. The judge who made the initial ruling that the league appealed wrote a narrowly focused ruling on the process, a process that had a lot of questionable aspects to it. Your opinion is as good as any on this extended issue. However, I strongly believe that Roger Goodell is again going to be repudiated on this ridiculously handled trivial issue. You can put me on record that out of soldiarity with Brady if he serves a suspension I will stop posting while the suspension is in effect. For me this issue isn't about New England and Brady; it really is about the abuse of authority and dishonesty of the commissioner. My position has been the same since the beginning of this inflated affair. I'm steadfastly standing by my position and I'm confident in my position. We'll see, John. I expect Berman to be overturned, as I have from the beginning (I'm a lawyer, but not a labor lawyer or litigator.). Otherwise, the CBA will need to be 1,000 pages long to cover every possible eventuality. At some point, rationality and reason (versus hyper technicality--as one of the judges apparently called Kessler's argument) needs to take over. That would be too bad about your not posting in solidarity, as you do add some good and interesting thoughts here. Edited March 13, 2016 by MattM Link to comment Share on other sites More sharing options...
KD in CA Posted March 13, 2016 Share Posted March 13, 2016 My god can this just end? I don't really care about a punishment, and the benefit of this story is simply the hype around the balls and no one will ever push the envelope with any balls. This isn't about deflated footballs or Brady. It's about the NFL maintaining its right to hand out punishment to the players. Once that right is restored it will end. If everyone had compromised on a one or two game suspension a year ago this would be ancient history now. Link to comment Share on other sites More sharing options...
leh-nerd skin-erd Posted March 13, 2016 Share Posted March 13, 2016 (edited) The justices' comments coming from the bench during oral arguments very often don't reveal as much as people think. The judge who made the initial ruling that the league appealed wrote a narrowly focused ruling on the process, a process that had a lot of questionable aspects to it. Your opinion is as good as any on this extended issue. However, I strongly believe that Roger Goodell is again going to be repudiated on this ridiculously handled trivial issue. You can put me on record that out of soldiarity with Brady if he serves a suspension I will stop posting while the suspension is in effect. For me this issue isn't about New England and Brady; it really is about the abuse of authority and dishonesty of the commissioner. My position has been the same since the beginning of this inflated affair. I'm steadfastly standing by my position and I'm confident in my position. silent solidarity is the best form of protest. good for you for following your principles. i guess i don't follow the logic. what was the end game? brady messes around with footballs, he's hardly a serial killer for doing so. still, in a league with all sorts of bad stuff perpetually floating around, the league needs it's future hof qb messing around, especially on a team previously dinged for messing around (and that hardly makes them serial killers, either) like it needs a hole in the head. the way is see it, there were four possible outcomes: the nfl sweeps things under the rug and tells us all it was no big deal. that tends not to end well, though you could argue that it wouldn't hurt the brand in the long run. brady's a victim to some, a cheater to others, and life goes on. tb12 takes the hit, acknowledges his role and takes his medicine like a man. sure, he's got a little egg of his face (jesus, let's hope that's egg and not…), but the league makes him sit a game or two and everything goes away. brady's a victim to some, a cheater to others, and life goes on. tb12 holds the line, the investigation continues, we end up where we did, and the nfl settles with him by fining him, no wrongdoing acknowledged on his part, no one believes him, he sends a check that's the equivalent of 43 seconds of one game. brady's a victim to some, a cheater to others, and life goes on. tb12 holds the line, the nfl gets backed into a corner, everyone goes all scorched earth and we end up in this ridiculous theater of the absurd. brady's a victim to some, a cheater to others, and life goes on. brady could have settled this out, as he should have, as i believe the nfl wanted all along. at the end of the day we end up in the same place. and f brady, too. Edited March 13, 2016 by leh-nerd skin-erd Link to comment Share on other sites More sharing options...
JohnC Posted March 13, 2016 Share Posted March 13, 2016 We'll see, John. I expect German to be overturned, as I have from the beginning (I'm a lawyer, but not a labor lawyer or litigator.). Otherwise, the CBA will need to be 1,000 pages long to cover every possible eventuality. At some point, rationality and reason (versus hyper technicality--as one of the judges apparently called Kessler's argument) needs to take over. That would be too bad about your not posting in solidarity, as you do add some good and interesting thoughts here. I've always appreciated your comments on this topic among others for your insights. With respect to the CBA the disciplinary system is tilted toward management. That's fine. I have no problem with that if it was negotiated by the parties involved. I have heard extensive commentary from both the union leader, DeMaurice Smith, and the lawyer who litigated the appeal, Kessler, both acknowledging the authority of Goodell in disciplinary matters. But they both make convincing cases that although RG has a wide latitude he still strays out of bounds when executing his authority. I have come to the conclusion a long time ago after a number of rulings that were overturned by arbitrators that he is incapable of objectively judging cases. Rather than looking at the cases as individual infractions and reviewing the facts of the cases he reviews the cases from a perspective of how he is going to be perceived. There is simply too much gut action and not enough intellectual action when he takes on a case. The irony is that due to Roger Goodell's incompetence in handling disciplinary issues he has undercut his own immense authority. Having the authority to do something doesn't give you the right to act erratically when making a determination. If a sense of reasonable fairness doesn't circumscribe the implementation of his authority then there is going to be a constant state of conflict among the parties affected. At this point there doesn't need to be any changes made to the CBA. There needs to be a greater adherence to it. It's my opinion that Roger is the one straying from the agreed upon document. Again, I respect your contribution on this issue and others. But I'm confident that the appeal judges will rule in favor of Brady. If I have to sit out the suspension period then it will at least give the wider audience a break.from my incessant commentary on this subject. Link to comment Share on other sites More sharing options...
Robert James Posted March 13, 2016 Share Posted March 13, 2016 Big deal... IF the NFL wins the appeal Brady will appeal the appeal... Then one side will appeal the appeal of the appeal Actually, no. There is only one more possible appeal from the Second Circuit, and that is to the US Supreme Court. The Supreme Court's review is discretionary, not mandatory, and the odds of them taking it are very low. The court accepts about 1-2% of the cases parties bring to them, and then it is almost always to resolve an important issue of federal law. This very fact-specific case about NFL rules is not the kind of case they are likely to take. Link to comment Share on other sites More sharing options...
BuffaloFan68 Posted March 13, 2016 Share Posted March 13, 2016 They should add "interest" to the 4 game suspension and bump it up to 5 or 6 games to teach players a lessen when they appeal. The whole idea that Brady's text messages about "deflating" was in reference to dieting is beyond ridiculous. Link to comment Share on other sites More sharing options...
MattM Posted March 13, 2016 Share Posted March 13, 2016 Actually, no. There is only one more possible appeal from the Second Circuit, and that is to the US Supreme Court. The Supreme Court's review is discretionary, not mandatory, and the odds of them taking it are very low. The court accepts about 1-2% of the cases parties bring to them, and then it is almost always to resolve an important issue of federal law. This very fact-specific case about NFL rules is not the kind of case they are likely to take. I think they may also be able to appeal to the 2d Circuit "en banc" (i.e., all 2d Corcuit judges sitting together to decide) before the SC step. Sounds like it's up to the 2d Circuit to take it en banc--there's no automatic right to that. https://en.m.wikipedia.org/wiki/En_banc Link to comment Share on other sites More sharing options...
Robert James Posted March 13, 2016 Share Posted March 13, 2016 I think they may also be able to appeal to the 2d Circuit "en banc" (i.e., all 2d Corcuit judges sitting together to decide) before the SC step. Sounds like it's up to the 2d Circuit to take it en banc--there's no automatic right to that. https://en.m.wikipedia.org/wiki/En_banc It is true that the Second Circuit could vote to rehear the case en banc, but that wouldn't be an appeal. (An appeal cannot be taken from the Second Circuit to the Second Circuit). A petition for rehearing en banc is an internal process within the Second Circuit. And yes, you are correct, a petition for rehearing en banc is not allowed as of right. It is discretionary and can only be granted when the judges find that original panel decision either conflicts with existing precedent or raises a question of exceptional importance. From what I've read, it doesn't sound like the case raises issues that are likely to yield a panel decision satisfying either standard, but we'll just have to wait and see. Link to comment Share on other sites More sharing options...
K-9 Posted March 13, 2016 Share Posted March 13, 2016 This isn't about deflated footballs or Brady. It's about the NFL maintaining its right to hand out punishment to the players. Once that right is restored it will end. If everyone had compromised on a one or two game suspension a year ago this would be ancient history now. ^This. GO BILLS!!! Link to comment Share on other sites More sharing options...
vincec Posted March 13, 2016 Share Posted March 13, 2016 I think it's important to point out that the basis of the NFL's punishment being overturned had nothing to do with the merits of the case. The Patriots were cheating and Brady knew about it and encouraged it. I have a feeling that this will play a part in the judges thinking as to whether he can be punished. Link to comment Share on other sites More sharing options...
Mr. WEO Posted March 14, 2016 Share Posted March 14, 2016 I think it's important to point out that the basis of the NFL's punishment being overturned had nothing to do with the merits of the case. The Patriots were cheating and Brady knew about it and encouraged it. I have a feeling that this will play a part in the judges thinking as to whether he can be punished. They aren't to consider this in their judgment. They cannot determine guilt or innocence. They are only to consider whether the previous judge was correct in reversing the suspension based on the CBA and previous NFL precedent for this type of offense. Link to comment Share on other sites More sharing options...
Nanker Posted March 14, 2016 Share Posted March 14, 2016 Hope he serves some time and it keeps him out of the HOF for a year. Link to comment Share on other sites More sharing options...
TheFunPolice Posted March 14, 2016 Share Posted March 14, 2016 4 games this season is better than 4 last season. Brady turns 39 this summer. The Bills stand to benefit more this season from a 4 game Brady absence than last, plus the fresh young faced Garappolo coming in and doing well will cause chaos there. If he stinks and they start 0-4 that's even better! Missing Brady for 4 games will seriously hurt their chances of being in the SB this year. Next year he will be 40. Father Time has a big "1" in the loss column so far with Brady. Now that he's done with Manning's career I hear he has some free time. Link to comment Share on other sites More sharing options...
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