Brady Appeal Thread

[1bigfan13]

The Associated Press is reporting that the Brady 4 game suspension has been overturned by the judge.

 

[Cotton]

That's good news... for one of my fantasy teams.

 

[jsmith6919]

I wonder if Hardy will do something about his suspension now.

 

[Cotton]

Aaaaaaaand, lineup adjusted accordingly.

 

[jsmith6919]

 

[1bigfan13]

I wanted Brady in week 4 anyway. I wanted them at full....

 

[L.T. Fan]

I wanted Brady in week 4 anyway. I wanted them at full....

That was my sentiment. If the Cowboys are legitimate front runners this year this game will validate it early.

 

[Smitty]

Essentially overturned because there was no precedent and no collectively bargained-for standard to impose a four game suspension for cheating.

 

[skidadl]

And you know what's really comical about all of this?

Over the last decade or so the NFL has gone out of its way to create new rules to generate more offense and give QBs every advantage possible. Yet here they are punishing a team for deflating the ball a little just because it gives the QB a little more grip.

I immediately started adjusting the air in footballs for my QBs when I learned of this.
Thanks Brady!

 

[Texas Ace]

That was my sentiment. If the Cowboys are legitimate front runners this year this game will validate it early.

 

[data]

Essentially overturned because there was no precendent and no collectively bargained-for standard to impose a four game suspension for cheating.

So what prevents teams from doing any rule bending?

UNFILTERED tap water for opponents Gatorade, febreeze on the home team's sidelines, etc.

 

[L.T. Fan]

If you think you are the best then you want to meet the best. That's what my era taught me in sports competition.

 

[jsmith6919]

Statement from the NFLPA-

"The rights of Tom Brady and of all NFL players under the collective bargaining agreement were affirmed today by a Federal Judge in a court of the NFL’s choosing. We thank Judge Berman for his time, careful consideration of the issue and fair and just result.

This decision should prove, once and for all, that our Collective Bargaining Agreement does not grant this Commissioner the authority to be unfair, arbitrary and misleading.

While the CBA grants the person who occupies the position of Commissioner the ability to judiciously and fairly exercise the designated power of that position, the union did not agree to attempts to unfairly, illegally exercise that power, contrary to what the NFL has repeatedly and wrongfully claimed.

We are happy for the victory of the rule of law for our players and our fans. This court’s decision to overturn the NFL Commissioner again should signal to every NFL owner that collective bargaining is better than legal losses. Collective bargaining is a much better process that will lead to far better results."

-- DeMaurice Smith
NFLPA Executive Director

http://www.wcvb.com/sports/nfl-players-association-statement-on-federal-court-ruling/35081700

 

[Cotton]

Statement from the NFLPA-

This decision should prove, once and for all, that our Collective Bargaining Agreement does not grant this Commissioner the authority to be unfair, arbitrary and misleading.

Shots fired.

 

[1bigfan13]

From on article on SI.com as to why the suspension was overturned:

Among the problems identified by Judge Berman are those that relate to Brady’s arbitration hearing with Goodell on June 23. Goodell denied a request by NFLPA attorneys to question NFL general counsel Jeffrey Pash, who edited the Wells Report before its release, and to access the league’s investigative notes. Judge Berman regarded Goodell’s decisions on these issues as preventing Brady from enjoying a credible opportunity to make his case. Look at it this way: if Brady can’t confront an accuser and study the evidence used to punish him, how can he effectively defend against the accuser’s accusations and the implicating evidence? Judge Berman stressed that denial of access to key witnesses can be grounds to vacate an arbitration award.

So they denied Brady's representatives access to all the known pertinent information (the discovery) of the case. I can't believe Goodell and his cronies actually thought this was a fair process.

Although it diminishes the Cowboys chances of winning the game against the Patriots, I'm glad the judge overturned this nonsense.

I know we all want to get the Patriots, but the process has to be fair and it clearly was not in this case.

Also, they need to tighten up the language as to what constitutes "conduct detrimental to the league". Otherwise the NFL will continue to try to slide issues like this in under the "personal conduct" umbrella while over-extending their authorities as they see fit.

 

[Cowboysrock55]

From on article on SI.com as to why the suspension was overturned:

So they denied Brady's representatives access to all the known pertinent information (the discovery) of the case. I can't believe Goodell and his cronies actually thought this was a fair process.

I don't know if they have a right to attorney work product.

 

[1bigfan13]

I don't know if they have a right to attorney work product.

The judge seems to think so. I'm not talking about the attorney's personal notes but I'm assuming he's talking about evidence that the league came across was not shared with the NFLPA attorneys.

 

[dallen]

The main issue is the same thing that forced Taglibue to overturn the BountyGate case: lack of notification. Goodell just keeps repeating the same mistakes over and over. I guess the owners will put up with it as long as they are making money, but the man is not good for the league

 

[dallen]

I don't know if they have a right to attorney work product.

Maybe so. My non-lawyered reading of the decision was that the issue was that the NFL had access and the NFLPA didn't. Berman referred to the Wells Report as the Wells\Pash Report and repeatedly put "independent" in quotes whenever referring to the report. I don't read a lot of legal rulings, but to me that reads as the judge calling their investigation a sham. It just didn't have anything relevant to do with the appeal so he didn't address it directly.

 

[Clay_Allison]

The main issue is the same thing that forced Taglibue to overturn the BountyGate case: lack of notification. Goodell just keeps repeating the same mistakes over and over. I guess the owners will put up with it as long as they are making money, but the man is not good for the league

Such an easy thing not to fuck up.

Step 1. Announce your policy up front.

Step 2. Abide by that policy.

Rocket science it ain't.