## Deflategate

Never agree to 3 points on top of the vig.
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!
Marla Singer
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Joined: Fri Jun 21, 2013 2:20 pm

### Re: Deflategate

https://i.imgur.com/OzHolhg.png
Doctor X
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Title: Collective Messiah

### 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.

http://www.sharegif.com/wp-content/uplo ... a-eden.gif

--J.D.
Doctor X
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### Re: Deflategate

--J.D.
Grammatron
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### Re: Deflategate

Looks like no SCOTUS.

http://www.latimes.com/sports/sportsnow ... story.html
Doctor X
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Joined: Fri Jun 04, 2004 8:09 pm
Title: Collective Messiah

### 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.
Grammatron
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### Re: Deflategate

Fair and interesting point. So he still might win the war after losing this battle.
Doctor X
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### 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.
Tiosylanyl
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### Re: Deflategate

:lol:
Doctor X
Posts: 74289
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### 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.
Doctor X
Posts: 74289
Joined: Fri Jun 04, 2004 8:09 pm
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### Re: Deflategate

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

Because SKEPTICISM!!

--J.D.
Doctor X
Posts: 74289
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.
RCC: Act II
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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
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### 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.
Doctor X
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