## Deflategate

Never agree to 3 points on top of the vig.
Rob Lister
Posts: 23535
Joined: Sun Jul 18, 2004 7:15 pm
Title: Incipient toppler
Location: Swimming in Lake Ed

### Re: Deflategate

So ... you're saying he actually DID deflate the balls.
Doctor X
Posts: 73945
Joined: Fri Jun 04, 2004 8:09 pm
Title: Collective Messiah

### Re: Deflategate

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

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Doctor X
Posts: 73945
Joined: Fri Jun 04, 2004 8:09 pm
Title: Collective Messiah

You allowed more than $10 million of your bosses’ money to be spent on an investigation, court proceeding and appeal that left you looking like you didn’t understand seventh-grade science. You’ve also put an important portion of the Collective Bargaining Agreement in jeopardy as regards to discipline and cemented an already well-earned reputation for bullying and twisting the truth. You now have numbers in hand that will either prove you were right all along, that the Patriots footballs measured (haphazardly) last January dropped so precipitously the results couldn’t be duplicated. Or you have numbers in hand that prove you threw up all over yourself. What do you do with these numbers? You pretend you never wanted anyone to see them. ["Snip!"--Ed.] So the NFL got the numbers in its "spot checks" and Goodell is “pleased to report there are no violations this year.” Reptilian. How many were under 12.5? How much did they deflate in similar conditions to last January’s AFC Championship Game? How much did they inflate in the heat? Did any get into the 10 PSI range on really cold days? This stuff was really important last January through September. Studies commissioned, investigations launched, reputations dragged along behind the NFL bus. Was it all worth it? Of course it wasn’t. And that’s why you keep it all in the dark. CSNNE-Tom Curran For NFL's sake, let's hope the to-be-named 3 appeal judges don't read @tomecurran's take on NFL's PSI "spot checks": McCannSporsLaw --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate Our Man McCann gives his opinion on the choice of Federal judges who will hear the NFL appeal: He gives the background and then usual caveats regarding predicting how appellate judges will rule. With those important qualifiers in mind, it is time to explore the backgrounds of the three judges and look for clues on how they might rule in the Brady case. . . . . As a starting point, the three appellate judges generally seem to support Judge Berman’s legal reasoning. Through Westlaw’s top-notch judicial reversal report service, I found that Judges Katzmann, Parker and Chin collectively heard 57 appeals of Judge Berman’s decisions between 2000 and 2015. Keep in mind, the three judges were members of other three-judge panels in reviewing these decisions and the appellate issues in each case mainly involved areas of law unrelated to Brady’s case, such as criminal law and constitutional law. With those caveats in mind, the three judges reversed or vacated Judge Berman in 7 of those appeals—12% of the time—and partially reversed/partially affirmed him in 6 appeals or 11%. More favorably viewed, Judges Katzmann, Parker and Chin have affirmed Judge Berman in approximately three out of every four appeals. That is favorable data for Brady. Below is my brief scouting report on each judge and what we might expect. Chief Judge Robert Katzmann : A 62-year-old graduate of Blah . . . Blah . . . Blah Analysis of Judge Katzmann’s record indicates that he is somewhat to the left of center ideologically. In theory, this should help Brady Very detailed discussion on grading decisions of judges. In at least one case, Judge Katzmann ruled in a way that should lend optimism to Brady. In New York Telephone Company v. Communications Workers of America (2001), Judge Katzmann joined Judge Parker and another judge in affirming a federal district judge’s order to vacate an arbitration award. The award was a matter of dispute between union and management—the same type of scenario at play when Judge Berman ruled against the NFL last September. The three judges agreed that the arbitrator had failed to follow important rules contained in a collective bargaining agreement and case precedent and thus the award was invalid. There was one difference in the New York Telephone Company case from the Brady case: management, rather than labor, sought the vacating of the arbitration award. Judge Barrington Parker, Jr.: A 71-year-old graduate of YBlah . . . Blah . . . Blah Judge Parker, a native of Washington D.C., is viewed as somewhat to the right of center ideologically. His Judicial Common Space score indicates that he is conservative, with a score of 0.5. As noted above, however, he joined Judge Katzmann in the New York Telephone Company case, where the three-judge panel affirmed a district court’s decision to vacate an arbitration award. Even more encouraging for Brady, Judge Parker agreed with a district court judge in Applied Industrial Materials Corp. v. Ovalar Makine Ticaret Ve Sanayi (2007) that an arbitrator had acted with “evident partiality.” Brady highlighted this case in his legal filings because it involved an arbitrator who refused to recuse himself in spite of a conflict of interest—the same core critique Brady has leveled against Goodell. Brady’s attorney, Jeffrey Kessler, also successfully argued the Applied Industrial Materials case. That's all good news for Brady. But in Mulvaney Mechanical v. Sheet Metal Workers International Association (2002), Judge Parker, along with two other judges, reversed a district court judge’s decision to vacate an arbitration award on grounds that the district judge had misinterpreted the significance of a strike and its relationship to arbitration. Also, perhaps troubling to Brady, in Westerbeke Corp. v. Daihatsu Motor Company (2002), Judge Parker joined two other judges in reversing a district court judge’s decision to vacate an arbitration award. Judge Parker rejected the district court judge’s conclusion that the arbitrator had exceeded permissible authority. Judge Parker’s record is decidedly mixed as it relates to how he might rule on the NFL’s appeal. Judge Denny Chin: A 61-year-old graduate of FordhamBlah . . . Blah . . . Blah Like Judge Katzmann, Chin’s ideology is viewed as somewhat to the left of center, with a score of -0.3 in the Judicial Common Space study. Prior to becoming a judge, Judge Chin practiced labor law extensively and thus is likely to be very familiar with the issues presented in the Brady case. Judge Chin’s rulings on arbitration awards indicate a willingness to uphold earlier review by district court judges and to affirm arbitration awards. For instance, in A&G Coal Corp., Meg-Lynn Land Co. v. Integrity Coal Sales, Inc. (2014), Judge Chin joined two other judges in affirming a district court’s ruling to uphold an arbitration award. In that decision, the three-judge panel stressed that an arbitrator’s fact-finding is “essentially unreviewable.” This is perhaps an encouraging sign for the NFL, which stresses that Goodell’s fact-finding into allegations of under-inflated footballs, even if flawed—and critics would say contrary to science—was nonetheless permissible under the law. Judge Chin also joined in affirming district court orders to uphold arbitration awards in GMAC Real Estate v. Julius Fialkiewicz, Jr. (2012) and in Adriano Giannetti Dedini Ometto v. ASA Bioenergy Holding A.G (2014). The latter ruling featured Judge Chin joining Judge Parker in finding that even though the arbitrator may have been “careless” it was not so egregious as to warrant vacating the arbitration award. Bottom line: The track records for these three judges are by no means conclusive. That said, they seem willing to tolerate flawed arbitrators, but only up to a degree. The National Tree of Law Professors, like radiologists, is the hedge. Also, Judges Katzmann and Chin seem willing to uphold district court decisions on arbitration awards. On balance this reflects positive news for Brady, but by no means does it lend assurance that he will win. If next Thursday’s hearing were an NFL game, one might predict a close score with Brady prevailing. Michael McCann: Sports Illustrated --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate Appeal has started Case opens with the Chief Judge blasting the NFL: Judge Katzmann opens hearing by asking how NFL can justify penalty based on "new factual findings" after Wells report. These are from linkypoo'd Twitter of a court dude Max Stendahl: Judge Chin: Shouldn't Brady have been given notice re destroying cell phone? NFL lawyer Clement: destruction of cell phone amounted to "out and out obstruction." Recall that one of the major problems was Brady was told his phone was not needed and his punishment had nothing to do with the phone. Judge Parker says some might call suspension "draconian." "Why is the inflation level so critical in these games?" Parker questions whether you get "any advantage on the field" from under inflated footballs. Recall that many Talking Lawyer Heads claimed no investigation of the evidence would happen. Recall me warning that you simply cannot tell a Federal Judge--particularly an Appellate Judge--what he "can" and "cannot" do. I am awesome in that way. Judge Katzmann: "As you know, stickum is prohibited..." Notes "gross disparity" between stickum penalty and Brady's punishment. Max Law Searching for "anime girl eating popcorn" yielded that. A RIVER to My People! --J.D. P.S. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate From above: Katzmann says he can't find evidence in record that Brady's alleged gifts to ball boys were "inducements" to engage in scheme. About that "they can't ask about the evidences--thanks" claim? There are now "negatives" where they question Brady/NFLPA lawyer Kessler: Katzmann: Language of CBA gives Goodell power over "conduct detrimental." Kessler: Notice of consequences is still required. . . . and: Woah. Judge Chin says evidence of ball tampering was "compelling, if not overwhelming." Apparently Chin did not actually read the submitted Pasch-Wells Report which conceded the evidence is neither "compelling," nor "overwhelming," or even existent, nor did he read the actual science reports. Of course, that could be unfair to Judge Chin since he may simply be imitating Goodell's reading of the evidences--thanks--and not whether or not he should have read it that way. This is a tweet without the context of his question. --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate Throughout DeflateGate , NFL Commissioner Roger Goodell and his tin-star investigators have mischaracterized facts, or flat-out omitted them in order to make New England Patriots quarterback Tom Brady look guilty. But it’s one thing for the NFL to perpetuate falsehoods in its own bubble world, and quite another to do it in an actual court of law. That’s what happened before the Second Circuit appeals panel last week when NFL attorney Paul Clement improperly repeated untruths, and it should serve as evidence to those judges that the Brady arbitration is dishonest and should be tossed. ["Snip!"--Ed.] Ever since last week’s oral arguments late Thursday, there has been a growing chorus among legal observers of the case that Clement made factual misstatements. New York Law School professor Robert Blecker, who filed an amicus brief, noticed it, and so did Houston attorney and legal blogger Stephanie Stradley, who tweeted, “Candor to the court means you are not to mislead,” and noted that judges can sanction if they are angry. The usual process is to correct the record with a letter to the court once he’s alerted to his misstatements; if Clement does not, Blecker intends to. Sally Jenkins: The Washington Post --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Ben Trovado Posts: 511 Joined: Mon Jan 05, 2015 5:08 pm Title: Ex Avenger ### Re: Deflategate Doctor X wrote: “Candor to the court means you are not to mislead,” and noted that judges can sanction if they are angry. Yikes. This is law-license-in-peril kind of stuff. Or should be. Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate Indeed, but remember someone would have to hold him to it. "Did he knowingly lie." Brady and Co. have not come out and said Goodell lied--but others have for them--and Goodell made sure to lie in court filings to shield himself from libel according to Gentlemen Skilled in this Work. The problem is no one knows what it means. Judge Berman questioned the facts--which "HE's NOT SupPOseD TO DO!"--but based his decision on the process. This appeals court could do the same: rule on whether or not Berman ruled properly. All of that above could be irrelevant. I will put on the popcorn. --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Pyrrho Posts: 31333 Joined: Sat Jun 05, 2004 2:17 am Title: Man in Black Location: Division 6 ### Re: Deflategate Goodell disproves Deflategate Goodell was one of approximately 120 students who participated in the school's annual science fair, and one of only eight to win the Outstanding Project Award, according to The Daily Item. The newspaper reports Goodell began his experiment with a football inflated to the NFL standard and then exposed it to different weather conditions, including humidity, snow, wind chill, cold and ice. "Every time, it dropped two PSI [pounds per square inch]," Goodell, a Patriots fan, told the Item. "The lowest PSI recorded during deflategate was 2 PSI under proper inflation." The flash of light you saw in the sky was not a UFO. Swamp gas from a weather balloon was trapped in a thermal pocket and reflected the light from Venus. Tiosylanyl Posts: 5008 Joined: Tue Feb 27, 2007 12:31 am Title: The Three-eyed Raven Location: Beyond the Wall ### Re: Deflategate Grammatron Posts: 36031 Joined: Tue Jun 08, 2004 1:21 am Location: Los Angeles, CA ### Re: Deflategate Interesting. Pyrrho Posts: 31333 Joined: Sat Jun 05, 2004 2:17 am Title: Man in Black Location: Division 6 ### Re: Deflategate The flash of light you saw in the sky was not a UFO. Swamp gas from a weather balloon was trapped in a thermal pocket and reflected the light from Venus. Rob Lister Posts: 23535 Joined: Sun Jul 18, 2004 7:15 pm Title: Incipient toppler Location: Swimming in Lake Ed ### Re: Deflategate So I guess this means he's guilty. Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate Do you even want to know what this could mean since the main angry dissent was the chief justice? Wake me up next year. . . . --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate More than 20 professors back Tom Brady in Deflategate: Bob McGovern Tuesday, May 24, 2016 Engineering and physics professors from across the country are prepared to stand behind New England Patriots quarterback Tom Brady in his ongoing Deflategate appeal, according to new court documents. “Although sensationalized in the press, it was no surprise to any scientist that the Patriots’ footballs lost pressure during the AFC Championship,” the professors wrote in an amicus brief filed today. “So-called ‘deflation’ happens naturally when any closed vessel, such as a football, moves from a warm environment to a cold one.” The brief, signed by more than 20 professors and filed by Washington, D.C. attorney Eric Delinsky, comes a day after Brady’s attorneys petitioned the U.S. Court of Appeals for the Second Circuit to rehear the quarterback’s case against the NFL. “Courts should not be powerless to consider the absence of scientific proof when a proceeding is so interlaced with laws of science,” the scientists argue. “We support the petition for rehearing." “As professors, we cannot fathom how it is permissible to impose punishment for the possibility of a negligible increment of pressure loss, when underinflated footballs are common to NFL games, when laws of physics cause much larger pressure drops, and when the very possibility of an additional increment of pressure loss was generated from assumptions of the league’s choosing rather than data,” the brief states. “In the name of science, we support the petition for rehearing.” Boston Daily Mail --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Anaxagoras Posts: 29322 Joined: Wed Mar 19, 2008 5:45 am Location: Yokohama/Tokyo, Japan ### Re: Deflategate Tom is getting kind of old, so maybe this is a blessing in disguise. Gives the second-string guy a chance to get some experience and gives Tom a shorter season with fewer chances to get injured. A fool thinks himself to be wise, but a wise man knows himself to be a fool. William Shakespeare Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate Yeah, that has been spun that way, but I think Tom is actually pretty pissed given he did nothing and, as the reports from actual SCIENCE[!--Ed.] shows, nothing happened. Add in the fact Goodel lied continuously I think he will take this as far as he can. How far that is? Here is the problem: EVERYONE has been wrong about predictions. He only needs to convince seven appellate judges to hear him--and one of them wrote a stinging dissent--or he can get a re-hearing from three judges. Leaving all of that aside since it takes months, Justice Ruth Beda Guinsesbergendekurt tends to be pro-labor and she would be the one to get SCOTUS involved. Since Olsen & Co. are showing how this affects labor issues beyond this case--and we are still waiting for a decision on the Peterson case which could contradict this case at the same level which is anathema for the Federal system . . . start making a shit-load of popcorn. It is very possible, IF he gets the en banc hearing, the re-hearing, or SCOTUS does get involved . . . he could win two more Super Bowls and retire before this is done. In that case, I prefer cold unfiltered お酒. --J. "Shaken . . . Not Shtir'd!" D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate AFL-CIO backs Tom Brady in Deflategate saga Bob McGovern Tuesday, May 31, 2016: The massive umbrella federation for American unions is backing New England Patriots quarterback Tom Brady in the ongoing Deflategate legal saga. The American Federation of Labor and Congress of Industrial Organizations today filed a brief arguing that NFL Commissioner Roger Goodell overstepped his authority when he suspended Brady. “While the NFL and NFLPA bargained to allow the Commissioner to hear appeals of disciplinary decisions, they did not agree to let the Commissioner, sitting as an appellate arbitrator, to act in a manner that is arbitrary and capricious,” AFL-CIO attorney James Coppess wrote. “Regardless of who hears appeals, labor arbitration always must be fundamentally fair.” The brief, which urges the United States Court of Appeals for the Second Circuit to rehear Brady’s case, says Goodell was acting in “the self-serving role of an employer justifying his own disciplinary decision” when he punished Brady. ["Snip!"--Ed.] But the AFL-CIO argued that Goodell was not acting as a neutral arbitrator and the circuit court panel “therefore erred in extended deference to the Commissioner’s decision.” Boston Daily Mail --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Marla Singer Posts: 50 Joined: Fri Jun 21, 2013 2:20 pm ### Re: Deflategate I'm pretty sure Tom let the air out. He should just retire. That * next to his name in the books shouldn't be a problem. They're all cheaters. He'll get lost in the shuffle. Sir Posts: 171 Joined: Mon Jun 17, 2013 1:30 pm ### Re: Deflategate DAMNIT MARLA YOU'RE THE FAKER!!! And I want Bowel Cancer on Sunday! Warning: If you are reading this then this warning is for you. Every word you read of this useless fine print is another second off your life. Don't you have other things to do? Is your life so empty that you honestly can't think of a better way to spend these moments? Marla Singer Posts: 50 Joined: Fri Jun 21, 2013 2:20 pm ### Re: Deflategate Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate Our Man McCann Weighs in to Explain the Possible Effect of Amicus Briefs: New amicus briefs try to show Tom Brady's case is relevant beyond NFL: [Background "Snipped!"--Ed.] Brady’s case becomes more relevant to judges if it is regarded as emblematic of larger trends in law. His odds for a new hearing increase if the judges conclude that the four-game suspension to start the 2016 season is less about a bizarre equipment controversy and more about whether a union member has been treated unlawfully by management in a disciplinary matter. On Tuesday, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and Kenneth Feinberg filed separate amicus curiae briefs. The AFL-CIO and Feinberg briefs urged the 13 active judges on the Second Circuit to rehear NFL Management Council et al. v. NFL Players Association et al. (aka Brady v. NFL). Both briefs contend that the ruling by Judges Parker and Chin undermines basic principles of law and should be reversed so as to avoid impact on future cases. The limitations of amicus briefs: [Basically, the justices have no obligation to consider such; however, in this case they may.--Ed.] . . . the Patriots filing an amicus brief that expressed an interest adverse to the NFL was stunning and likely will be considered by the judges. The brief signed by the group of neutral scientists who contend Deflategate is completely explainable through Ideal Gas Law should also catch the judges’ attention, especially those who believe Brady has been treated unfairly. Similarly, the AFL-CIO and Feinberg briefs will supply more motivation for judges when it comes to granting Brady a new hearing. Why the AFL-CIO weighing in matters: As the AFL-CIO stresses in its amicus brief, the AFL-CIO has a “significant interest” in how unionized employees are treated by management in disciplinary matters. More specifically to Brady’s case, the AFL-CIO demands that the “proper standard for judicial review of decisions” be applied when those decisions are “rendered pursuant to arbitration procedures.” With Brady, his “arbitration” was in the unusual, but collectively bargained form of NFL commissioner Roger Goodell serving as the arbitrator. The AFL-CIO insists that Goodell, while serving as the arbitrator (rather than as NFL commissioner) disregarded “basic procedural fairness” and “acted arbitrarily” in upholding Brady’s four-game suspension. As has been written on numerous occasions, Goodell made several moves in his review of Brady’s matter that raise serious questions about Goodell’s capabilities as an arbitrator. [As previously detailed.--Ed.] The AFL-CIO contends that Goodell’s actions as the arbitrator run afoul of case precedent dictating that arbitrators should not devise new theories of fault. Normally the arbitrator in a labor-management dispute is both neutral and new to the dispute; Goodell was neither. The AFL-CIO’s arguments for Brady are not new, but the willingness of the AFL-CIO to raise them is notable. By depicting the Brady case as one related to the core principles of labor management relations, the AFL-CIO seeks to help Brady overcome the concern that his case is too exceptional to warrant a rehearing. If the judges view the Brady/NFL dispute as a self-contained controversy within the unique and flawed universe known as Article 46 of the NFL’s collective bargaining agreement, then the Brady case is less likely to be considered relevant to conventional labor management disputes and the judges will be less willing to rehear the case. Why Kenneth Feinberg weighing in matters: Feinberg may be the most influential voice yet to speak up on behalf of Brady. ["Snip!"--Ed.] But as Feinberg explains in his amicus brief,he believes that the enforcement of Brady’s suspension would trigger consequences well beyond sports. He contends it would destabilize the system of arbitration in the Unites States and that it would make it harder for Feinberg and others like to him to carry out their duties. Feinberg asserts that the public’s “trust and confidence in arbitration” would be “fundamentally eroded” if Goodell can impose his “own brand of industrial justice” and “act with bias.” In one of the harshest characterizations of Goodell to date, Feinberg describes Goodell as acting “simply beyond the bounds” of permissible conduct by arbitrators. Goodell’s decision, Feinberg contends, has “no credibility,” reflects deep “bias,” and imposed suspensions for equipment violations when in the past such violations only triggered fines or mere warnings. Feinberg cites other criticisms of Goodell, including that the commissioner was so “one-sided” that “it cannot be the result of good faith mistake.” These and other critiques, Feinberg contends, threaten the public’s belief in arbitration as a viable form of dispute resolution. This is a key argument because it communicates to the judges that Brady’s case goes well beyond the limited world of professional football and into the very prevalent world of arbitration in America. --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate On to Ruth Bader Guinsberg! --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Grammatron Posts: 36031 Joined: Tue Jun 08, 2004 1:21 am Location: Los Angeles, CA ### Re: Deflategate Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate Well . . . not quite. The Union may pursue it since the appeal has nothing to do with the actual case but labor law. This will particularly be true if Peterson's case--the appeal of which has been pending for almost as long as this whole damn thing would you believe--ends up being the opposite. Then you have two competing precedents from the same level of the federal courts. Brady realizes the real danger that a decision against him--such as SCOTUS refusing to hear his appeal--could happen at anytime during this season. Right now, save Arizona at Arizona, the Pats face an easy schedule. Later, not so much and, obviously, they all would not want a negative decision to happen in, say, January. The NFLPA can still appeal it is just that they will not seek a stay of the suspension. Usually one would given the "unrecoverable damage" but Brady obviously weighed this against the risk of losing by having SCOTUS refuse to hear the case during the season. IF they agree to hear the case this would go on into next season. My only question is whether or not Brady will sue Goodel for defamation. Lawyers opining he will not bother have sort of assumed he would have won his case. Now it is not so clear. Brady has enough money to make things publicly miserable for Goodel if he is so inclined. Maybe not. He certainly is not going to talk about it anytime soon. I have been thinking of adjusting The Sorry to Make You Cry. Do not know yet. --J.D. Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club! "Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don DocX: FTW. – sparks "Doctor X wins again." – Pyrrho "Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence "It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct "I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron "Indeed you are a river to your people. Shit. That's going to end up in your sig." – Pyrrho "Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel "just like Doc X said." – gnome WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!! Grammatron Posts: 36031 Joined: Tue Jun 08, 2004 1:21 am Location: Los Angeles, CA ### Re: Deflategate Fair and interesting point. So he still might win the war after losing this battle. Doctor X Posts: 73945 Joined: Fri Jun 04, 2004 8:09 pm Title: Collective Messiah Location: Your Mom ### Re: Deflategate Well, that is the thing. He and really the NFLPA lost during their last contract. While I and obviously far greater legal minds [All of them.--Ed.] disagree with the Circuit Court of Appeals rational, they basically fell back on "you all agreed to this level of power." The NFLPA and Co. naturally disagree that they did but there you go. So once it passed out of Goodel's grubby mitts, the question had to do with whether or not he fulfilled the role of arbiter per the collective bargaining agreement and not whether or not "Brady did it" or anything actually "happened." Sure, both levels of appeal seemed to be interested in the "facts of the case" but they are judges and telling a judge "you can't do that!" simply does not work! Even if by some Blood Magic SCOTUS agrees to hear the appeal they would either uphold the current decision, set it aside to reinstate the first appeal, or even send the whole thing back . . . or even chop up things. They will not come out with a "Brady Innocent" or "Brady Guilty" decision in this case. "Win" as in civil case . . . most Talking Heads Legal Experts who actually know about civil defamation cases note the very difficult problem given Brady is a public figure. He has to show malice. Still, said experts note that there is very good evidences--thanks--of such malice. The problem--and I do not have an answer for this--is how much of it is admissible. For example: Goodel clearly lied in his summary--he lied about Brady's testimony and one could argue he tried to cover that up. Awesome. Is that admissible? Further, could one argue that Goodel's lie was minor, not malicious--even though it seems that way!--and was largely irrelevant to his findings. Blah . . . blah . . . blah. So would Brady find it worth his while and$ to pursue that? Or would he consider winning another Super Bowl revenge enough? I do not know. Easy for me and other "Fan Boys" to demand he "SCREW HIM TO THE WALL!!" I am pretty sure he is listening to council and the subject has come up. If his experts do not think he has a reasonable chance to win, then I doubt he will do it. But then if he does not sue, does he not look like he is accepting Goodel's defamation as "true?"

Blah . . . blah . . . blah.

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!!
Tiosylanyl
Posts: 5008
Joined: Tue Feb 27, 2007 12:31 am
Title: The Three-eyed Raven
Location: Beyond the Wall

### Re: Deflategate

Doctor X
Posts: 73945
Joined: Fri Jun 04, 2004 8:09 pm
Title: Collective Messiah

### Re: Deflategate

Yeah, I heard about that. There is a rumor that Dumbass from News Channel may have gotten the idea from the sarcastic fake questioning from the Morning Sports Dudes--as in how they love it when "I'm a REPORTER! And I can get the Big Story!!" tries to pry information from His Divine Dark Hoodie.

"We're on to Cincinnati."

Meanwhile, the NFL, without releasing any information, have declared that St. Peyton's wife gathering tons of HGH when she had no need for it is "just squiffy" and "no evidences--thanks--of anything here!" Not even "general awareness."

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!!
Doctor X
Posts: 73945
Joined: Fri Jun 04, 2004 8:09 pm
Title: Collective Messiah

### Re: Deflategate

Had a friend send this so I include it. A Patriots hater explains how the NFL fucked up:

Because SKEPTICISM!!

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!!
Doctor X
Posts: 73945
Joined: Fri Jun 04, 2004 8:09 pm
Title: Collective Messiah

### Re: Deflategate

Meanwhile, a new book claims Goodell tried to get Brady to claim he knew nothing but implicate the two equipment dudes to avoid a suspension. Wrap your mind around that: "I'm totally innocent but I know these dudes are guilty of doing something that . . . only . . . I . . . would care about."

Brady responded he would not do that.

To be fair and balanced, the authors note that Don Yee--Brady's agent who "is an attorney" but does not "work as an attorney" which means he really is "not an attorney"--royally pissed off Goodell and the NFL by "poking the bear" when he did not have to.

The authors found Goodell "Nixonian"--very obsessed with power and people being out to take it from him like Nixon did to his own father. They cite this as why he quickly overlooks issues like domestic violence when the perpetrator "bends the knee" to him: see Ray Rice and others which spawned the joke that Brady should simply have smashed his phone against Gisel and take only two games. Also see his handling of the Al Gezeera--whatever--expose of Peyton Manning's HGH use and others--they did not oppose him and, also, Peyton was retiring.

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!!
RCC: Act II
Posts: 904
Joined: Thu Dec 07, 2017 2:56 am

### Re: Deflategate

Goodell's continued employment is one of those things I can't seem to wrap my head around.

There has to be something to that job that is beyond my understanding, because he's fucked up pretty much everything he's done in public.
shemp
Posts: 7204
Joined: Thu Jun 10, 2004 12:16 pm
Title: inbred shit-for-brains
Location: Planet X

### Re: Deflategate

RCC: Act II wrote: Fri Aug 10, 2018 7:00 pm Goodell's continued employment is one of those things I can't seem to wrap my head around.

There has to be something to that job that is beyond my understanding, because he's fucked up pretty much everything he's done in public.
Just like Trump, the other guy who managed to fuck up a football league.
"It is not I who is mad! It is I who is crazy!" -- Ren Hoek

"what dicking deep shit i produce" -- pillory

Freedom of choice
Is what you got
Freedom from choice
Is what you want

People are shitting themselves to death
Crap so much they fail to take a breath
But even when their kids are starvin'
They thought Trump would throw them Charmin.
Doctor X
Posts: 73945
Joined: Fri Jun 04, 2004 8:09 pm
Title: Collective Messiah

### Re: Deflategate

It is almost impossible not to make money. See "Lucky Sperm Mental Midgets" Jim Irsey, Whatever the Fuck Davis, Dan Schieder, and Whoever the Fuck Owns Cleveland.

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out." – Don
DocX: FTW. – sparks
"Doctor X wins again." – Pyrrho
"Never sorry to make a racist Fucktard cry." – His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone." – clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far." – Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig." – Pyrrho
"Try a twelve step program and accept Doctor X as your High Power." – asthmatic camel
"just like Doc X said." – gnome

WS CHAMPIONS X4!!!! NBA CHAMPIONS!! Stanley Cup! SB CHAMPIONS X6!!!!!!