Tom Brady could be in trouble after Deflategate appeal hearing
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PostPosted: Fri Mar 04, 2016 6:34 pm    Post subject: Tom Brady could be in trouble after Deflategate appeal hearing

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NEW YORK — Fantasy tip: You might want to draft Jimmy Garoppolo for the first four games of the 2016 regular season.

While the Patriots’ backup quarterback played no role in Thursday’s oral arguments of the NFL’s appeal of U.S. District Judge Richard Berman’s Sept. 3 order to vacate Tom Brady’s four-game suspension, he may be a beneficiary of how those arguments are ruled upon. A three-judge panel on the U.S. Court of Appeals for the Second Circuit expressed significant skepticism to the arguments raised by attorney Jeffrey Kessler, who insisted that NFL commissioner Roger Goodell acted outside the scope of his powers in affirming his own suspension of Brady. Judges Robert Katzmann, Barrington Parker, Jr. and Denny Chin took turns in rejecting theories raised by Kessler and—in a surprise—consistently suggested that Brady “destroying” his cell phone provided Goodell sufficient reason to doubt Brady.


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The judges also seemed less interested in Judge Berman’s order and accompanying reasoning than in various other Deflategate topics. This in part reflects the de novo standard of appellate review, where the three judges could consider the same set of facts as Judge Berman, focus on different aspects and reach an opposite conclusion. The judges were under no obligation to defer to Judge Berman. If anything, they seemed to ignore him.


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Next steps and expected outcome

At some point in the coming months, the three-judge panel will issue an order. Judge Katzmann signaled it might come sooner than later by stating, “this is an expeditious court.”

Based on the judges’ line of questioning on Thursday, Judge Parker seems very inclined to rule for the NFL. Judge Chin mostly seemed to favor the NFL’s perspective, although he also raised serious criticisms of the NFL’s arguments. Judge Katzmann was mostly neutral, although I thought the balance of his comments and questions favored Brady. I expect it will be a 2–1 decision, with higher odds it falls in the NFL’s favor than in the NFLPA’s favor.

Sports Illustrated
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PostPosted: Fri Mar 04, 2016 6:52 pm    Post subject:

Eh I'll believe it when I see it but its really less about "Deflategate" and more about the NFL being able to use their authority which is really the whole point of this court battle.

They so don't care that he deflated a football and really at this point I don't think many others do either.
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PostPosted: Sat Mar 05, 2016 9:25 pm    Post subject:

Brady will probably be suspended 3 years after he retires. Goodell should tread lightly, Kraft played along with him expecting Brady not to be suspended and Goodell betrayed that support. Kraft might be lobbying other owners to replace him.
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PostPosted: Sat Mar 05, 2016 10:35 pm    Post subject:

venturalakersfan wrote:
Brady will probably be suspended 3 years after he retires. Goodell should tread lightly, Kraft played along with him expecting Brady not to be suspended and Goodell betrayed that support. Kraft might be lobbying other owners to replace him.


I wish. But these buttholes care more about money and they won't do jackcrap.
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PostPosted: Sun Mar 06, 2016 7:10 am    Post subject:

Oliver Reed wrote:
venturalakersfan wrote:
Brady will probably be suspended 3 years after he retires. Goodell should tread lightly, Kraft played along with him expecting Brady not to be suspended and Goodell betrayed that support. Kraft might be lobbying other owners to replace him.


I wish. But these buttholes care more about money and they won't do jackcrap.


This. They got something real good going, they wont mess that up.
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PostPosted: Sun Mar 06, 2016 9:06 am    Post subject:

USCandLakers wrote:
Oliver Reed wrote:
venturalakersfan wrote:
Brady will probably be suspended 3 years after he retires. Goodell should tread lightly, Kraft played along with him expecting Brady not to be suspended and Goodell betrayed that support. Kraft might be lobbying other owners to replace him.


I wish. But these buttholes care more about money and they won't do jackcrap.


This. They got something real good going, they wont mess that up.



Yes and no.

I'm sure the Kraft family will bide their time, waiting for an opportunity to rally the other owners against Goodell, but the time isn't now. The main reason Goodell came down hard on the Patriots and Brady was to kill the perception among the owners that he favored them. Deflategate was Goodell's opportunity to ingratiate himself with the other owners, as the rivalry and enmity among the owners is greater than what you see among the billionaire owners in the NBA. I think there is a decent chance that Brady will be suspended, but I do not expect any immediate repercussions.
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PostPosted: Mon Apr 25, 2016 9:51 am    Post subject:

Brady loses on appeal.

http://a.espncdn.com/pdf/2016/0425/BradyRulingReversed.pdf
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PostPosted: Mon Apr 25, 2016 11:22 am    Post subject:

Aeneas Hunter wrote:
Brady loses on appeal.

http://a.espncdn.com/pdf/2016/0425/BradyRulingReversed.pdf

Does he have any recourse?
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PostPosted: Mon Apr 25, 2016 11:27 am    Post subject:

jodeke wrote:
Aeneas Hunter wrote:
Brady loses on appeal.

http://a.espncdn.com/pdf/2016/0425/BradyRulingReversed.pdf

Does he have any recourse?


Appeal to a full panel of the Second Circuit (called en banc review) or to SCOTUS. In any event, the Court of Appeal kicked it back to the lower court to apply the proper standard of review and confirm the "award" (the suspension). Brady might be able to settle before the Court does that, but I am not really familiar with how that would work in this arbitration context -- further, that requires the NFL sitting down at the bargaining table, and they don't really have an incentive to do that.
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PostPosted: Mon Apr 25, 2016 12:02 pm    Post subject:

Yes!
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PostPosted: Mon Apr 25, 2016 12:13 pm    Post subject:

jodeke wrote:
Aeneas Hunter wrote:
Brady loses on appeal.

http://a.espncdn.com/pdf/2016/0425/BradyRulingReversed.pdf

Does he have any recourse?


No. Eventually, this nonsense will get resolved through collective bargaining, but Brady is toast.
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PostPosted: Mon Apr 25, 2016 12:14 pm    Post subject:

USCandLakers wrote:
Yes!


Don't get too excited. I hear the Patriots have this new stud Dom Grady waiting in the wings.
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PostPosted: Mon Apr 25, 2016 12:17 pm    Post subject:

Aeneas Hunter wrote:
jodeke wrote:
Aeneas Hunter wrote:
Brady loses on appeal.

http://a.espncdn.com/pdf/2016/0425/BradyRulingReversed.pdf

Does he have any recourse?


No. Eventually, this nonsense will get resolved through collective bargaining, but Brady is toast.

Doesn't what Cutheon posted have merit?
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PostPosted: Mon Apr 25, 2016 12:24 pm    Post subject:

Time for some gallows humor:

http://www.sbnation.com/2015/5/12/8592633/jimmy-garoppolo-patriots-starting-qb-tom-brady-suspension-so-handsome-dreamboat-xoxo
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PostPosted: Mon Apr 25, 2016 12:28 pm    Post subject:

Well, sure, theoretically, the Second Circuit could take the case en banc, or the Supreme Court could grant certiorari. It's just a theoretical possibility, though. I don't see anything in this case that has the sort of broad application that would entice further review.
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PostPosted: Mon Apr 25, 2016 12:33 pm    Post subject:

Aeneas Hunter wrote:
Well, sure, theoretically, the Second Circuit could take the case en banc, or the Supreme Court could grant certiorari. It's just a theoretical possibility, though. I don't see anything in this case that has the sort of broad application that would entice further review.


Yeah. Jodeke, I should have put this in my post, but the real answer is: no, he has no recourse. The long answer is: he could try to seek the things I listed in my post, but it won't work.
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PostPosted: Mon Apr 25, 2016 12:41 pm    Post subject:

Good. (bleep) the Patsies.
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PostPosted: Mon Apr 25, 2016 1:52 pm    Post subject:

They're going to appeal again ... best case no suspension. Worse case it will be down to 2 games.
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PostPosted: Mon Apr 25, 2016 2:15 pm    Post subject:

KobeRe-Loaded wrote:
They're going to appeal again ... best case no suspension. Worse case it will be down to 2 games.


Yeah this isn't going to last
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PostPosted: Mon Apr 25, 2016 5:07 pm    Post subject:

KobeRe-Loaded wrote:
They're going to appeal again ... best case no suspension. Worse case it will be down to 2 games.

I don't think they'll appeal. Read Cutheon and AH's posts. Also LINK
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PostPosted: Fri Apr 29, 2016 11:13 am    Post subject:

Quote:

Ben Volin ‏@BenVolin 4m4 minutes ago
Brady/NFLPA vs. NFL is now being fought by 2 former US Solicitors General -- Theodore Olson (2001-04) and Paul Clement (2005-08). Amazing

Ben Volin ‏@BenVolin 3m3 minutes ago
Brady's decision for an en banc or panel rehearing is due May 9. His legal team is requesting an extension until May 23

Ben Volin ‏@BenVolin 8m8 minutes ago
Brady/NFL legal team added Theodore Olson, former U.S. Solicitor General under GW Bush https://en.wikipedia.org/wiki/Theodore_Olson

Ben Volin ‏@BenVolin 9m9 minutes ago
Not only did Brady's legal team add a powerful attorney today, they also filed for a 14-day extension to decide whether to file an appeal
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PostPosted: Mon May 02, 2016 2:39 pm    Post subject:

rwongega wrote:
Good. (bleep) the Patsies.


(bleep) whatever team you like
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PostPosted: Mon May 02, 2016 2:43 pm    Post subject:

cisternachyli wrote:
rwongega wrote:
Good. (bleep) the Patsies.


(bleep) whatever team you like


Lakers? Good luck with that.
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PostPosted: Mon May 02, 2016 11:38 pm    Post subject:

Can't believe this stupid non-issues is going through the court system. Goodell just trying to save face. I like that Brady is taking this all the way to the very end, he's got the money, why not?
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PostPosted: Tue May 03, 2016 12:09 am    Post subject:

Ted wrote:
Can't believe this stupid non-issues is going through the court system. Goodell just trying to save face. I like that Brady is taking this all the way to the very end, he's got the money, why not?


I have my doubts Brady will ever serve a day of the suspension. It looks more like a case of powerplay, the Commissioner versus one of the biggest stars in the NFL. The owners have always held a hammer over players in the NFL, but Roger being one of the most inconsistent commissioners in the NFL in enforcing penalties did this to himself. So its no surprise when one of league's biggest names decides to stand up against it.
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