NFL Offseason 2016

[Barrister]

Deflate-gate is back.

Brady's 4-game suspension upheld at the Court of Appeal:

http://www.tsn.ca/appeals-court-restores-brady-s-deflategate-suspension-1.477944

[Berkut]

Note that the court did NOT opine on whether or not Brady deserved to be suspended, only on whether or not Goodell had the power under the collective bargaining agreement to impose such a suspension.

[Ed Anger]

Now if only Brady could be stuffed into that prison from Superman II....

[Eddie Teach]

Now if only Brady could be stuffed into that prison from Superman II....

Get him to say his name backwards.

[jimmy olsen]

Even if it's long odds, what has Brady got to lose by appealing? He isn't getting any younger, if he can put off the suspension another year or two by taking it to the supreme court, it could give him another shot or two at gaining a bye in the playoffs.

http://www.si.com/nfl/2016/04/25/tom-brady-deflategate-suspension-nfl-appeal-roger-goodell

...
Brady's remaining options and their relationship to the dissenting opinion

It's not over for Brady, but his legal team faces very long odds. First, the NFLPA has 14 days to petition the three-judge panel for a rehearing. Unfortunately for Brady, this petition will almost certainly be rejected, since two of the three judges just ruled decisively against Brady.

Second, the NFLPA can petition for a rehearing en banc, in which all 13 of the active judges on the Second Circuit court of appeals plus Judge Parker (who is a senior status judge but eligible under court rules to participate in a rehearing because he was on the three-judge panel) would hear a new appeal. The 13 active judges would be eligible to vote on whether to grant a rehearing en banc. A decision on whether to grant a rehearing en banc would likely be issued long before the 2016 regular kicks off in September, but if not, Brady's suspension would be stayed (postponed) until that vote occurs. If a majority of the 13 judges agree to grant a rehearing, the rehearing would be heard months from that point. Presumably, Brady's pending suspension would be postponed until an accompanying ruling, which would most likely be issued in 2017.

Brady's odds for obtaining a rehearing en banc are not good. Available data indicates the Second Circuit grants rehearings en banc less than 1% of the time. But the odds might be higher for Brady since the decision was split 2–1, and since it was the Second Circuit's Chief Judge, Robert Katzmann, who dissented in Brady's favor. It's possible other judges on the Second Circuit will accord extra deference to the chief judge and perhaps find his reasoning to be persuasive.

In his nine-page dissent, Judge Katzmann expressed being "troubled" by Goodell's conduct as the arbitrator. Judge Katzmann stressed that the four-game suspension was "unprecedented" and he chided Goodell for adopting a "shifting rationale for Brady's discipline." Like Judge Berman, Judge Katzman found that Goodell's decision embodied "his own brand of industrial justice."

In building his dissenting opinion, Judge Katzmann reasoned that Goodell clearly violated the law in basing his decision "on misconduct different from that originally charged." Judge Katzmann highlighted how Brady was initially accused by Goodell of being "generally aware" of Jim McNally and John Jastremski allegedly deflating footballs, whereas Goodell—for reasons that were never made clear—later reasoned that Brady was something of a conspiratorial ring leader whereby he "knew about, approved of, consented to, and provided inducements." Judge Katzmann found this change to be material and grounds for vacating the suspension.

Judge Katzmann also found the NFL's portrayal of Brady's alleged gift-giving to McNally and Jastremski to be prejudicial to Brady. As Judge Katzmann writes, Brady did not know prior to the appeal that Goodell would make Brady's alleged gifts to locker room attendants a central part of his analysis. "Had the Commissioner confined himself to the misconduct originally charged," Judge Katzmann writes, "he may have been persuaded to decrease the punishment initially handed down."

Judge Katzmann also took issue with Goodell failing to mention, let alone explain, "a highly analogous penalty": the fact that the league has only punished players who are caught using stickum on their gloves with fines. Judge Katzmann was particularly bothered by the fact that Goodell would inexplicably omit any reference to stickum penalties when, "the League's justification for prohibiting stickum—that it 'affects the integrity of the competition and can give a team an unfair advantage,' —is nearly identical to the Commissioner's explanation for what he found problematic about the deflation—that it 'reflects an improper effort to secure a competitive advantage in, and threatens the integrity of, the game.' "

Brady and NFLPA attorneys Jeffrey Kessler and David Greenspan must hope that other judges on the Second Circuit concur with Judge Katzmann's points. If, however, Brady fails to obtain a rehearing or a rehearing en banc, he would likely petition for a stay of his suspension while he appeals to the U.S. Supreme Court. As I wrote earlier in this process, a stay reflects a court order preventing the NFL from carrying out its punishment—a four-game suspension—until the appeals process is complete. Brady would argue that he would suffer irreparable harm in the absence of a stay. He would insist that once he serves a four-game suspension, he could never play those games again. For all practical purposes, Brady's case becomes moot once he serves the suspension.

It is very unlikely the Supreme Court would review this case. The Court normally reviews only about 1% of petitions, and the cases the Court selects tend to be of paramount importance—not whether a football player sits out four games due to the extremely unusual system of dispute resolution. The justices will likely reason that the Brady case is too fact-specific, involving a scenario unlikely to arise in other labor-management disputes.

That said, Brady could benefit if the U.S. Court of Appeals for the Eight Circuit were to rule in favor of Adrian Peterson. A decision in the Peterson case is expected any day now. In February 2015, U.S. District Judge David Doty ruled in favor of Peterson, who was punished under a new domestic violence policy for conduct that took place during a previous policy. If the Eighth Circuit affirms Judge Doty's ruling in the face of the NFL's appeal, it could present a conflict between the Eighth Circuit and the Second Circuit on how the NFL interprets Article 46 in resolving disciplinary matters and more specifically how issues of notice and consistency are evaluated. So-called "circuit splits" increase the likelihood that the Supreme Court will agree to hear a case. While the Brady and Peterson cases are different in many ways, Peterson winning would clearly be good news for Brady's team if it were to seek review by the U.S. Supreme Court.

[sbr]

Note that the court did NOT opine on whether or not Brady deserved to be suspended, only on whether or not Goodell had the power under the collective bargaining agreement to impose such a suspension.

Why would they have opined on that?  None of the court cases stemming from this had anything to do with the facts of the alleged equipment violation, they were always about whether the league acted properly according to the CBA and other labor laws.

[MadBurgerMaker]

The draft is on btw.  Or, well, I guess it's almost over for tonight or something.  Not really paying attention.  The Texans picked some super fast WR with stone hands, so that's fun.

E:  Will Fuller.  One of Seedy's Domers. 

[CountDeMoney]

Primetime NFL Draft sucks.

Gotta give kudos to whoever fucked over Laremy Tunsil, though. That was a nuclear detonation of biblical proportions:  and if that was a chick, she out-crazied Left Eye, and will go down in history.   

And then denying an exchange of cash between him and his coach, then said it happened, then ushered off the stage.  Kid's a dumpster fire.  He'll have Ole Miss on probation by noon tomorrow. 

[MadBurgerMaker]

Yeah that was a helluva thing.  RIGHT before draft time and someone just wrecks his shit.   I didn't know about the money thing though until you mentioned it  what the hell

[derspiess]

That was the highlight of the draft for me.  Good stuff

[Baron von Schtinkenbutt]

Gotta give kudos to whoever fucked over Laremy Tunsil, though.

My guess: Ryan Tannehill.

And then denying an exchange of cash between him and his coach, then said it happened, then ushered off the stage.  Kid's a dumpster fire.  He'll have Ole Miss on probation by noon tomorrow. 

Fuck the NCAA and their hypocritical money rules.  Fuck them with a rusty 1" rebar.  Apparently his mom needed money to pay rent and utilities and his coach helped him out.

Also, the assault/domestic violence charge that got thrown out was him defending his mom from his step-dad.  This kid is cleaner than Ray-Ray.

[Admiral Yi]

oooooh

[MadBurgerMaker]

Apparently his mom needed money to pay rent and utilities and his coach helped him out.

Sure, sure.  Also his rent needed to be paid.  And the dude he was texting was wondering why the agreed upon number "keeps changing" and was talking about how he has no way to handle surprise amounts.  But yeah, just that one time thing for moms rent and light bill. 





E: Texts here.

[Baron von Schtinkenbutt]

Sure, sure.  Also his rent needed to be paid.  And the dude he was texting was wondering why the agreed upon number "keeps changing" and was talking about how he has no way to handle surprise amounts.  But yeah, just that one time thing for moms rent and light bill. 

I never said it was one time or that he and the coach didn't know this was running afoul of the NCAA.

Also, fuck the NCAA.  And fuck the Jets.

[MadBurgerMaker]

I never said it was one time or that he and the coach didn't know this was running afoul of the NCAA.

Also, fuck the NCAA.  And fuck the Jets.

E:  I didn't see him get picked.  How fast were the Dolphins on that?  THE DOLPHINS ARE ON THE CL-THE DOLPHINS HAVE MADE THEIR SELECTION

E2:  Tunsil won't be at the Dolphins press conference today because of an "allergic reaction." Alrighty.