NFL files 59 page brief appealing deflategate

[Dwight Schrute]

Good point. If the trio of judges come down on this crap the way Berman did than Brady may file.

Him filing and winning is not about changing anything but more sticking a big finger to the league which I am all for.

Same here.

In fact, the only real reason I'd prefer the charge be filed would be to have all of the parties involved email and phone records attached to the case like Berman did, for the whole world to see just how underhanded and shady their collective dealings were.

A finding wouldn't even be necessary at that point.

 

[Mazz22]

but accepting being cleared by the Courts of the suspension and not going the defamation route is the best option in case he loses the defamation case which will allow the asshats to once again say; "see I told you he was guilty!!" even if they admit the case is valid but not enough harm was done to the TB12 brand.

Yeah, probably risk of more harm than good but I am greedy. I want TB to keep sticking into the league while Pey Pey drowns in is HGH case which is getting uglier by the day.

 

[Giant Octopodes]

I know I had seen it before (probably from McCann), but when will the 3 judge panel be revealed? Hopefully once we find that out it will make clear who will win this, though I honestly don't see how the NFL can think they have any real shot. Have they won any of the decisions against them which they previously appealed?

Honestly I felt like their final appeal was meant for mass consumption, not the courts anyway. A "well, we know we're going to lose, but hey, let's do as much damage as possible" strategy. If Brady were to go for Defamation, I feel like these legal briefs offer the best shot at it, especially since in a defamation suit he could subpoena the air pressure measurements from this year as proof the NFL had knowledge their statements were false.

 

[mikiemo83]

i know i had seen it before (probably from mccann), but when will the 3 judge panel be revealed? Hopefully once we find that out it will make clear who will win this, though i honestly don't see how the nfl can think they have any real shot. Have they won any of the decisions against them which they previously appealed?

Honestly i felt like their final appeal was meant for mass consumption, not the courts anyway. A "well, we know we're going to lose, but hey, let's do as much damage as possible" strategy. If brady were to go for defamation, i feel like these legal briefs offer the best shot at it, especially since in a defamation suit he could subpoena the air pressure measurements from this year as proof the nfl had knowledge their statements were false.

i assume they will wait until the patriots are in the super bowl to try to mess with them again

 

[mooseontheloose]

LOL NFL had a brief returned for using incorrect cover page

 

[Dwight Schrute]

I know I had seen it before (probably from McCann), but when will the 3 judge panel be revealed? Hopefully once we find that out it will make clear who will win this, though I honestly don't see how the NFL can think they have any real shot. Have they won any of the decisions against them which they previously appealed?

Honestly I felt like their final appeal was meant for mass consumption, not the courts anyway. A "well, we know we're going to lose, but hey, let's do as much damage as possible" strategy. If Brady were to go for Defamation, I feel like these legal briefs offer the best shot at it, especially since in a defamation suit he could subpoena the air pressure measurements from this year as proof the NFL had knowledge their statements were false.

How rock solid a ruling did Berman feel he had to not even issue a finding on 2 of the court charges?

And you tell me a collaborative of 3 of his peers are going to point the finger at him and say " wrong! Back to the drawing board!"

I doubt it.

I would relish the data of the psi measurements disclosed to the public. Yesterday's rain soaked cold day reminded me of it all day.

 

[PatsFanLisa]

I know I had seen it before (probably from McCann), but when will the 3 judge panel be revealed? Hopefully once we find that out it will make clear who will win this, though I honestly don't see how the NFL can think they have any real shot. Have they won any of the decisions against them which they previously appealed?

Honestly I felt like their final appeal was meant for mass consumption, not the courts anyway. A "well, we know we're going to lose, but hey, let's do as much damage as possible" strategy. If Brady were to go for Defamation, I feel like these legal briefs offer the best shot at it, especially since in a defamation suit he could subpoena the air pressure measurements from this year as proof the NFL had knowledge their statements were false.

We may not find out until a week before the scheduled hearing date. And if two of the three are conservative, pro management-type justices, they very easily could find for the NFL. The case is being heard de novo, which means the attorneys will argue all over again their points as though there was never a ruling by Judge Berman and they are hearing all arguments for the first time, rather than reading the documentation in the first appeal.

Their appeal was made for the sole purpose of winning and giving Goodell the complete power to reign over the NFL in any manner he chooses to dispense punishment and penalties, CBA be damned. It was made for all future cases, not for Brady's case.

 

[Beaglebay]

I'd be happy if this case is included in a Law Review as an example of how inept and flat-out incompetent management can be when dealing with contractual and labor issues.

 

[mooseontheloose]

I'd be happy if this case is included in a Law Review as an example of how inept and flat-out incompetent management can be when dealing with contractual and labor issues.

Watching Making a Murderer and experiencing Deflategate earlier this year has eroded my confidence in lawyers (generally) and increased my respect for those with a clue.

 

[mikiemo83]

How rock solid a ruling did Berman feel he had to not even issue a finding on 2 of the court charges?

And you tell me a collaborative of 3 of his peers are going to point the finger at him and say " wrong! Back to the drawing board!"

I doubt it.

I would relish the data of the psi measurements disclosed to the public. Yesterday's rain soaked cold day reminded me of it all day.

I thought that certain things were left un-answered because it did not fall within Berman's jurisdiction to rule and to do so would open his findings up to ridicule of the higher court.

this is from memory so I may be wrong but typically I am

 

[spacecrime]

THAT is what people hate us for. The arrogance.

Fvck em.

I have 3 servings of arrogance a day, with a big bowl of iced arrogance for desert.

I used to get upset when other fans said we were arrogant, then I realized they were right. We are, or at least I am, arrogant about our team's greatness and unrepentant about taping defensive signals. As you say, "Fvck em." Who cares?

We have a lot to be arrogant about and all this hatred only makes the Pats better. Rodney Harrison would have LOVED to play in times like this.

 

[Giant Octopodes]

We may not find out until a week before the scheduled hearing date. And if two of the three are conservative, pro management-type justices, they very easily could find for the NFL. The case is being heard de novo, which means the attorneys will argue all over again their points as though there was never a ruling by Judge Berman and they are hearing all arguments for the first time, rather than reading the documentation in the first appeal.

Their appeal was made for the sole purpose of winning and giving Goodell the complete power to reign over the NFL in any manner he chooses to dispense punishment and penalties, CBA be damned. It was made for all future cases, not for Brady's case.

Cool yeah, adding in February helped me track it down, the one I'd originally been looking at was indeed McCann, and it's the 25th their identities will be revealed. Thanks!

In terms of winning, I mean, if that really is his goal I feel those lawyers are crazy overpaid. Judge Doty's ruling, which currently serves as legal precedent, makes clear an article 46 arbitrator does not have CBA authority to justify discipline on a basis not found in the original discipline being appealed. Yet not only does he not backtrack from that legal deficiency of his argument, he makes it *worse* with his latest filing with his ever escalating language of what Brady is supposedly guilty of.

He basically argues "look, only the Integrity of the game policy applies, because what Brady did was *so bad*", but that's not what the letter of discipline indicates, not even remotely.

Not to mention the fact that his legal argument appears to be that he does not have to set forth specific punishments for specific infractions, that the commissioner can eyeball freely, that he is able to in fact dispense his own brand of industrial justice. Certainly if he wins, he wins big, but going whole hog like that means he'd have to have some *really* pro management judges to do so, the kind comfortable with setting legal precedence in defiance of prior Supreme Court rulings and giving carte blanche freedom to discipline within a Kangaroo Court and stripping away the fundamental protections of a article 46 arbitrator. I just don't see it happening, personally.

 

[PatsChamps6x]

CoverGate? NFL Forced To Refile DeflateGate Appeal Over ‘Wrong Color Cover’

By Matt Dolloff (@mattdolloff)
December 30, 2015 3:16 PM
Filed Under: DeflateGate, NFL, Patriots, Roger Goodell, Sports, syndicated


BOSTON (CBS) — If you’re one to think the NFL front office is full of incompetent, bumbling idiots, your case just got a hilarious new piece of evidence.

After filing its latest DeflateGate appeal brief, the league was forced to refile after it violated the Federal Rules of Appellate Procedure (FRAP) as well as the “court’s local rules” because the cover of their appeal was the wrong color.

You can’t make this stuff up.



NFL flagged for rules violation in #Deflategate appeal; filed brief with “wrong color cover” and ordered to refile. pic.twitter.com/ZLsuOfnCly

— Daniel Wallach (@WALLACHLEGAL) December 30, 2015



Daniel Wallach later tweeted that the botched appeal filing “not a competitive advantage, but may violate integrity of court rules.” Well played, Danny boy.

There are so many ways to turn this embarrassing gaffe by the NFL into a punchline. Is it more probable than not that Goodell was generally aware of the cover color? Did the NFL “misinterpret a rule” in putting their appeal together? Were 11 out of 12 covers the wrong color?

Insert your own silly DeflateGate references in the comments.


Didn't know if anyone else posted this. More evidence that the NFL and their lawyers are a bunch of asshats.