Brady 4 Game Suspension Upheld

[ThunderDan]

Its not over!

ProFootballTalk ‏@ProFootballTalk 1h1 hour ago
Addition of Ted Olson to Tom Brady's legal team means #Deflategate isn't ending any time soon

Of course not, Brady gets to draft an appeal to either the en banc or Supreme Court. Both are long shots so they are going to find the lawyer with the best shot at getting it done. Probably a guy with different skill sets than a litigator. If they are allowed the appeal, the old lawyers will step back in.

[pbmax]

Of course not, Brady gets to draft an appeal to either the en banc or Supreme Court. Both are long shots so they are going to find the lawyer with the best shot at getting it done. Probably a guy with different skill sets than a litigator. If they are allowed the appeal, the old lawyers will step back in.

I don't think its entirely a no brainer. Ted Olson is one of the top appellate guys in the US, so he is costing serious money. Serious money against a long shot appeal.

The only edge here is that if they get granted a review, then the 3 man Court of Appeals opinion is stayed and Brady plays this year. It would be nearly unheard of for this to be heard before the season.

I wish there was a way to try Roger and the NFLPA leadership on a kangaroo court and sent the all to an Italian Basketball League for 5 years.

[pbmax]

Daily Snark ‏@DailySnark 2h2 hours ago
Roger Goodell and NFL hire new lawyer to help defeat Tom Brady in court. http://dailysnark.com/nfl-hires-new-lawyer-to-vs-brady/ …

[pbmax]

Scott Isaacs ‏@ScottIsaacs
Tom Brady’s attorneys reveal exclusively to ABC News they will appeal ruling reinstating 4-game suspension to entire 2nd Circuit bench #wcvb

Ian Rapoport ‏@RapSheet
Tom Brady official appeal petition will come at 3 pm today. 1 argument: Goodell ignored the schedule of penalties & there is no basis for it

Ian Rapoport ‏@RapSheet
Another argument Brady's legal team will make: Goodell affirmed the suspension on different grounds than Brady was originally suspended

Ian Rapoport ‏@RapSheet
If the 2nd Circuit grants Tom Brady the en banc appeal he's requesting, he's essentially guaranteed to play the 2016 season based on timing

[pbmax]

Chris B. Brown ‏@smartfootball 60m60 minutes ago
@billbarnwell if I was arguing a labor case on behalf of a corporation I'd cite the heck out of Brady v NFL

[pbmax]

2nd circuit says NO to en banc request from Brady. Next step is Supreme Court. As PFT said, he didn't hire Ted Olson not to go to the Supreme Court.

http://profootballtalk.nbcsports.com...r-new-hearing/

There are underlying principles of workplace law at work here, but the Courts might not like the layout of the case and the precedent it would set, even if they thought this process was wonky. They also might not like the attendant publicity given the subjects.

1. Brady argued that Goodell as arbitrator was limited to info presented in Wells Report and that info was bunk. 2nd Circuit says the arbitration agreement in the CBA doesn't read that way. Someone on the NFLPA legal team will not be asked back after they have belatedly discovered how much authority they handed over to Roger with few standards.

2. Due Process, basically that the scientific info was junk and all subsequent findings were efforts to justify suspension beyond the original conception of the charges. Again, no agreed to limit for arbitrator. He can fish for what he wants to fish for.

3. Workplace rules, past discipline for failure to cooperate (essentially what this punishment is hanging on) was very mild. With no announcement of change, Goodell substantially increases the penalty and adds new feature (turn over cell phone records).


#3 is the most troubling since Goodell can just make this stuff up on the fly and he rules through public proclamation anyway. Its also clear proof that he has taken nothing from Tagliabue's remonstration of him over BountyGate.