#DFG: Canceling the Noise

Is there any level of suspension that you would advise Tom to accept?


  • Total voters
    208

soxhop411

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“@JasonColeBR: Insider Buzz: NFL Believes Brady Will Accept Reduced Deflategate Suspension http://t.co/CGgDHyzRTy via @bleacherreport”


According to Jason Cole of Bleacher Report, the NFL is of the belief they will “wear [Brady] down and get him to accept a deal that will include him missing games as a result of the Deflategate investigation.”

In his video posted to Bleacher Report, Cole went on to say: “Exactly what Brady will agree to and the wording of that penalty is what will be interesting to see because he will want to have a denial that he had anything to do with the deflation of footballs and ultimately this will be about him not cooperating with the league.

“But the key thing here for the league is that they believe the pressure point is going to be at the start of training camp — if they can get the deal done then because at that point in time, Brady will want to focus on football almost exclusively and get the entire Deflategate matter put behind him and in the rear mirror as he goes towards the 2015 season.”

Brady’s appeal of his four-game suspension was heard on June 23. Training camp gets underway July 30, next Thursday.
http://itiswhatitis.weei.com/sports/newengland/football/patriots/2015/07/24/report-nfl-believes-tom-brady-will-ultimately-accept-reduced-suspension-with-deflategate-case/
 

djbayko

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MarcSullivaFan said:
I know you're kidding, but we need to add the news dump nonsense to the trash heap that already includes "Kraft has pull with the other owners!" and "the NFL is terrified about what might come out in discovery!"
The Friday news dump certainly seemed real to all of us for a while. Maybe it was real, and he's just proud of how he's railroading the Patriots - nothing to "dump" at all! Most people are eating it up.

Edit: I see I'm late to the game with this suggestion. Time for coffee and more reading backwards

Edit 2: typo
 
djbayko said:
The Friday news dump certainly seemed real to all onus for a while. Maybe it was real, and he's just proud of how he's railroading the Patriots - nothing to "dump" at all! Most people are eating it up.

Edit: I see I'm late to the game with this suggestion. Time for coffee and more reading backwards.
 
Petros Papadakis of Fox Sports was asked if thought the NFL would release their answer today.  He replied (paraphrasing), "No.  The NFL is loving this.  The longer it drags out, the more it hurts Brady.  And they're loving the publicity.  We're talking about a superstar who might have deflated footballs.  It's a fun story.  Do you know what isn't fun?  Us talking about players beating the crap out of women and doing PEDs.  This is a good controversy for the NFL.  Nobody is talking about Greg Hardy's suspension, are they?"  
 

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dcmissle said:
I forget my vote.  I believe it had the suspension sticking at 4 games, but if not, I'd switch it to that column now.
 
I expect an in-your-face affirmance next Monday with all the bells and whistles.  A statement over RGs signature wrapping the League in the American flag and offering a full throated defense of fair competition.  In the spirit of same, and to preserve the virgin season, it will call on TB to lay down his arms, get with the program and take his medicine for the benefit of all, Tom included.
. Yes, I fully expect Glampers to do the whole Col. Klink "I am the Iron Colonel!" Routine.
 

Stu Nahan

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BannedbyNYYFans.com said:
 
Petros Papadakis of Fox Sports was asked if thought the NFL would release their answer today.  He replied (paraphrasing), "No.  The NFL is loving this.  The longer it drags out, the more it hurts Brady.  And they're loving the publicity.  We're talking about a superstar who might have deflated footballs.  It's a fun story.  Do you know what isn't fun?  Us talking about players beating the crap out of women and doing PEDs.  This is a good controversy for the NFL.  Nobody is talking about Greg Hardy's suspension, are they?"  
This is exactly why Brady shouldn't agree to accept any punishment that includes a suspension. They have taken a bullshit story and used it to distract people from the problems of the league that really matter. This is precisely what Chris Kluwe wrote about back in January when this nonsense first started. Now they are hoping to wear Brady down to make their garbage stick. This is all about avoiding the embarrassment of admitting they wasted $5 million dollars and totally bungled this situation from the beginning. It's about giving the appearance of control. Having a player and team that is despised by so many fans in the crosshairs is perfect for the league.
 

Koufax

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Meanwhile Mike & Mike report this morning that the number 1 selling NFL jersey in Q1 of 2015 was our boy Tom.  Public support?
 

tims4wins

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Koufax said:
Meanwhile Mike & Mike report this morning that the number 1 selling NFL jersey in Q1 of 2015 was our boy Tom.  Public support?
 
You know, I have never bought any Brady merchandise - I always tend to buy jerseys of younger guys, up and coming guys, so as not to be too bandwagony - but these last few months I have seriously considered buying a Brady jersey as a show of support. Guess I'm not alone.
 

jimbobim

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soxhop411 said:
Assuming Brady listens to his lawyers he can just mantain he's not giving up his legal right to potential action. Eventually RG has to issue the decision on the appeal. It's particularly interesting that the negotiations have crystallized. It's games over any type of fine that matters MOST for all parties Brady(obviously), RG, and those " other owners".
 
Alternatively The NFL could levy a 4 game check fine maintain the team penalties and basically issues a stern message still throwing damaging shade on non cooperation.Case closed. But not Must Please Everyone but NE Roger. 
 

djbayko

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tims4wins said:
 
Eh, I think we can all agree that there were some weird circumstances regarding the AFCCG.
Yeah, the referees didn't follow the book, and an NFL official stole a game ball that might have gone to charity. Suspicious indeed.
 

djbayko

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j44thor said:
I know the exponent report has been beaten up ad naseum but has anyone actually assumed the science was accurate and what the "competitive advantage" is if their science is correct?  If I recall correctly we are talking about on average a .2 PSI discrepancy between what the Ideal Gas Law suggested the Pats balls should have been vs the Exponent calculations.  
 
First off I would like to see how long it takes to deflate a football .2 PSI and if you can consistently do this.
 
Second I would love to see how much of an impact a .2 PSI deflation makes on the football itself.  Compression testing and some sort of grip test would be great.
 
Third I would like to compare the difference of .2 PSI vs. everything else that is allowed to be done to a football in the "prepping" process.  Take for instance Eli Manning's footballs, who I believe has one of the more rigorous prepping routines, and compare the overall tactile properties of his balls vs. a normal football deflated .2 PSI less.
 
I'm going to go out on a limb and guess that the difference between Eli and a out of the box slightly deflated football is massive in favor of a prepped ball.  Given that there is zero enforcement on prepped balls this seems ridiculous.
 
Essentially Brady was a passenger in a car pulled over for speeding. On one radar gun the car was going 66 in a 65 and the other gun reading they were going 67 in a 65.  Neither gun had been calibrated in months and cars were blowing by them at 70+.  The owner of the car was given 20yrs + massive fines and Brady was given 5yrs despite being on record telling the driver to drive 65.
You do realize that the actual advantage is inconsequential right? That if the accusations are true, Brady knowingly and secretly subverted a process charged to the officials?

I think Brady is completely innocent, but if he is guilty, then he got what was coming to him - advantage or not.
 

dcmissle

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They are going to "wear Brady down"? He just can't resist the catnip of training camp so it will be all football all the time? He cannot multi-task?

What a joke. They actually believe this crap. I heard it run through the lips of one of their NFLN mouthpieces a couple of weeks ago.
 

lexrageorge

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How hard is it for Brady's lawyer to get an injunction in fed court that would postpone on any suspension remaining after the appeal?  Would it be so much effort on Brady's part that it would require him to sit in meetings with Kessler every day for 8 hours a day during training camp?  
 
Seems like the NFL is using the media to say "Hey look, we offered to reduce the suspension, but Brady and the NFLPA are still going to court.".  
 
Seriously, no organization can last very long with this type of completely adversarial and incompetent leadership.  Eventually, the cracks become too big to fix when a real problem arises.  Should we start taking bets on whether there will be an NFL season in 2020? 
 

Hendu for Kutch

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djbayko said:
I think Brady is completely innocent, but if he is guilty, then he got what was coming to him - advantage or not.
 
Nope.  If they had video of Brady sticking the ball himself with a needle labeled  "Roger's dick", a 4 game suspension would still be outrageous, given previous penalties (or utter lack thereof) and the only penalty mentioned in the rule book.
 

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dcmissle said:
They are going to "wear Brady down"? He just can't resist the catnip of training camp so it will be all football all the time? He cannot multi-task?

What a joke. They actually believe this crap. I heard it run through the lips of one of their NFLN mouthpieces a couple of weeks ago.
Have they ever read a single word ever written about Tom Brady?  This was a guy who was so unfazed by distractions that he took a nap a couple hours before the (then) biggest game of his life (Rams Super Bowl).  The guy was broke practically every record in the books during a 16-0 season while Spygate lurked at every press conference.  The guy who followed up two weeks of stupid DG BS by leading one of the greatest SUper Bowl comebacks of all time.
 
That aside, a couple practical questions:
  1. Regardless of the outcome of the appeal, and regardless of when it comes down, Brady is free to participate fully in training camp, right?
  2. Is it possible that Goodell could hold off a decision until the day before the Steelers Game thereby forcing Brady to miss that game?  Or could/would Brady's lawyers be able to get an injunction to put the penalty on hold until after it goes to court?  And if Brady ended up deciding (for whatever reason) not to challenge the decision of the appeal in court, would his sentence kick in immediately, thereby leaving the Pats high and dry for the opener?
 

dcmissle

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1. Yes.

2. They wouldn't try this, not because of any considerations of right and wrong but because it would invite universal condemnation. If they did try it, TB would file the court case and seek a PI. Technically, he remains suspended for the first four games. He has a controversy to bring to court.
 

Average Reds

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dc, is it beyond the realm of possibility for Brady to file for a pre-emptive injunction based on the fact that the NFL is intentionally slow-walking the appeal to limit his options?
 

dcmissle

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Average Reds said:
dc, is it beyond the realm of possibility for Brady to file for a pre-emptive injunction based on the fact that the NFL is intentionally slow-walking the appeal to limit his options?
Eventually, he will do it if necessary. I would wait no longer than 2 weeks before the opener.

Ordinarily, you have to wait the outcome of the appeal to RG. Until then the controversy is not "ripe" -- in ordinary talk, the lawsuit would be premature.

But you can't argue ripeness if you are sitting on the decision. You can't destroy somebody's rights that way. So unless RG agreed to vacate the suspension for a decent period after his decision, he is not going to be able to fend off a court case and injunction request.
 

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dcmissle said:
Eventually, he will do it if necessary. I would wait no longer than 2 weeks before the opener.

Ordinarily, you have to wait the outcome of the appeal to RG. Until then the controversy is not "ripe" -- in ordinary talk, the lawsuit would be premature.

But you can't argue ripeness if you are sitting on the decision. You can't destroy somebody's rights that way. So unless RG agreed to vacate the suspension for a decent period after his decision, he is not going to be able to fend off a court case and injunction request.
This is true but it's also true, as you alluded to above, that Goodell is too machiavellian to allow this to unfold.  He'll release the decision at the time that does maximum damage to Brady and avoids the risk of allowing Brady to fire the first shot in Court. 
 

OnWisc

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lexrageorge said:
Seriously, no organization can last very long with this type of completely adversarial and incompetent leadership.  Eventually, the cracks become too big to fix when a real problem arises.  Should we start taking bets on whether there will be an NFL season in 2020? 
I think this is where the owners are being somewhat short-sighted. Roger's had enough high profile fuck-ups that the blame for any future issues goes directly on the owners, who have kept him around despite ample evidence that he's unqualified for any aspect of the position other than swelling the bottom line.

When you're sitting on the time-bomb of long-term medical issues that the NFL is, the willingness to leave the reigns in the hands of someone who routinely fucks up every non-fiscal issue that comes down the road is, at some point, going to bite you in the ass.

Kraft especially. He'll be seen as someone who had more reason than most to push for a change, and instead turtled completely in the name of keeping things chummy in the boys club. When the owners ultimately try to distance themselves from Goodell, the image conscious Kraft is going to end up looking worse than most.
 

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jimbobim said:
Alternatively The NFL could levy a 4 game check fine maintain the team penalties and basically issues a stern message still throwing damaging shade on non cooperation.Case closed. But not Must Please Everyone but NE Roger. 
 
The union probably wouldn't thrilled with the fine for non-compliance being upped from around $50K to $1,882,352.
 

DJnVa

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soxhop411 said:
“@McCannSportsLaw: If NFL really believes it can "wear down" Brady, good luck when judge asks NFL, "Did you intentionally cause delay?" https://t.co/oLKaEbnxak”
 
Well, I don't know. Brady doesn't really seem like the type of guy to keep after a goal he really wants. He seems like the kind of guy that's not really stubborn or any of that, like he just accepts what everyone gives him. They may be onto something.
 
 
 
That leak is insane. I don't think that it accomplishes what they think it does. Like said above--they are intentionally causing a delay.
 

Marciano490

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DrewDawg said:
 
Well, I don't know. Brady doesn't really seem like the type of guy to keep after a goal he really wants. He seems like the kind of guy that's not really stubborn or any of that, like he just accepts what everyone gives him. They may be onto something.
 
 
 
That leak is insane. I don't think that it accomplishes what they think it does. Like said above--they are intentionally causing a delay.
 
He was going to return to Michigan for another year if he slipped to the 7th round.
 
Haven't been reading too much about this, but all the newspaper headlines seem to be saying decide already, Roger.  Even the blurb for Brady on my fantasy league has something about how this has gone on long enough.  Yeah, I'm talking about my fantasy team.
 

dcmissle

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The interesting and potentially amusing point here is that the NFL is deliberately fucking with some federal judge's August. Now judges generaly are hard working people, sometimes insanely so, and they are ok with their Augusts being fucked with -- for good reason. But good reason in their minds does not include amping NFL ratings and giving ESPN another sentence to add to its breathless crawl.

Two can play with calendars, so guess what? If I'm the judge whose August has been fucked with, I take my damn time. The preliminary injunction issues as it almost certainly will. And if I feel I have been played, I give serious consideration to not issuiing a final ruling on the merits until after Tom Brady has played his final game this season. Which may be the Super Bowl. And I do that whether I affirm the suspension or reverse it. And I do that because I do not appreciate being played and because the NFL has brought this on itself.

And you know what the NFL could do about that? Nothing.
 

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dcmissle said:
The interesting and potentially amusing point here is that the NFL is deliberately fucking with some federal judge's August. Now judges generaly are hard working people, sometimes insanely so, and they are ok with their Augusts being fucked with -- for good reason. But good reason in their minds does not include amping NFL ratings and giving ESPN another sentence to add to its breathless crawl.

Two can play with calendars, so guess what? If I'm the judge whose August has been fucked with, I take my damn time. The preliminary injunction issues as it almost certainly will. And if I feel I have been played, I give serious consideration to not issuiing a final ruling on the merits until after Tom Brady has played his final game this season. Which may be the Super Bowl. And I do that whether I affirm the suspension or reverse it. And I do that because I do not appreciate being played and because the NFL has brought this on itself.

And you know what the NFL could do about that? Nothing.
 
That's a good point, but don't they have that 180-day report nowadays that judges are sensitive about appearing on?  That is, motions that've stayed on a judge's calendar for more than 6 months are reported to Congress.  If something's filed in August, 6 months would be December/January.
 

Super Nomario

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dcmissle said:
The interesting and potentially amusing point here is that the NFL is deliberately fucking with some federal judge's August. Now judges generaly are hard working people, sometimes insanely so, and they are ok with their Augusts being fucked with -- for good reason. But good reason in their minds does not include amping NFL ratings and giving ESPN another sentence to add to its breathless crawl.

Two can play with calendars, so guess what? If I'm the judge whose August has been fucked with, I take my damn time. The preliminary injunction issues as it almost certainly will. And if I feel I have been played, I give serious consideration to not issuiing a final ruling on the merits until after Tom Brady has played his final game this season. Which may be the Super Bowl. And I do that whether I affirm the suspension or reverse it. And I do that because I do not appreciate being played and because the NFL has brought this on itself.

And you know what the NFL could do about that? Nothing.
It's not clear to me that the NFL cares about this, though. Do they really want Brady missing the season opener? A scenario where they get to look tough by sticking with four games but Brady gets to play all year seems like an ideal outcome from Goodell's standpoint.
 

dcmissle

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Oh, but it would be worth it.

In any case, they are not going to be done with the PI stuff before mid-August in all likelihood. After that come cross motions for smart judgment. And I don't think those get wrapped up and fully submitted until September. Six months from then would be the first week in March.
 

dcmissle

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Super Nomario said:
It's not clear to me that the NFL cares about this, though. Do they really want Brady missing the season opener? A scenario where they get to look tough by sticking with four games but Brady gets to play all year seems like an ideal outcome from Goodell's standpoint.
Could well be. They have Bobby Kraft's picks and we ain't ever gettin' them back. They have won. House money.
 

NortheasternPJ

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dcmissle said:
Oh, but it would be worth it.

In any case, they are not going to be done with the PI stuff before mid-August in all likelihood. After that come cross motions for smart judgment. And I don't think those get wrapped up and fully submitted until September. Six months from then would be the first week in March.
 
McCann Sports Law said the same thing on 98.5 a few months ago. If this goes to Federal Court and they were on a timeframe of a July 31st decision on the appeal, then getting a court to hear the move for injunction, that they thought the case wouldn't be heard until after the 2015/16 season. 
 

mandro ramtinez

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dcmissle said:
After that come cross motions for smart judgment. 
I know this is a typo and you meant summary judgment but I would hope any judge hearing this case would not hesitate to levy sanctions on the NFL's attorneys if they try to call Goodell's judgment "smart".  
 

djbayko

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Hendu for Kutch said:
 
Nope.  If they had video of Brady sticking the ball himself with a needle labeled  "Roger's dick", a 4 game suspension would still be outrageous, given previous penalties (or utter lack thereof) and the only penalty mentioned in the rule book.
I didn't say the 4 games would be just - 1 game is more like it. I said he got what was coming to him - playing with the fire that is Roger's wheel of justice. The point is, he'd be guilty of a crime, and the competitive advantage wouldn't matter.
 

joe dokes

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That's a good point, but don't they have that 180-day report nowadays that judges are sensitive about appearing on?  That is, motions that've stayed on a judge's calendar for more than 6 months are reported to Congress.  If something's filed in August, 6 months would be December/January.
 
 
The so-called Biden list.  It exists.  But two things: its not a rolling list in the sense of every motion gets on it and must be resolved in 6 months.  It's reported two (three?) times a year and reports 6 months pending things as of that time.
 
The other (more important) point is that there might not be any pending motions.  Brady files for the PI; it gets granted.  Then the case moves along on whatever schedule the court creates. (for example "both paties shall submit a brief on the merits by January 31").  The analog to the 6-month rule for motions is three years for civil cases, so there's no issue there.
 

pappymojo

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dcmissle said:
They are going to "wear Brady down"? He just can't resist the catnip of training camp so it will be all football all the time? He cannot multi-task?

What a joke. They actually believe this crap. I heard it run through the lips of one of their NFLN mouthpieces a couple of weeks ago.
Doesnt this go against against the responsibilities of a neutral appeal?
 

soxhop411

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pappymojo said:
Doesnt this go against against the responsibilities of a neutral appeal?
The moment Rodger appointed himself arbitrator it ceased being "neutral"
 

djbayko

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Go have that beer. I have a question about this article posted today:

http://www.forbes.com/sites/jasonbelzer/2015/07/24/why-tom-brady-will-win-if-he-sues-roger-goodell-and-the-nfl-over-deflategate/

I've only skimmed it so far, but it talks A LOT about discovery and how that is going to heavily sway the outcome of the cases, the length/cost of the case, and even if it goes to trial. I thought our legal experts here had agreed that there would be no extensive discovery because we are talking about appealing a collectively bargained appeals process, and therefore, evidence is limited to the record. Won't some discovery be allowed? For example, an email from Goodell to Wells saying "I know he's guilty and I'm paying you to prove it!" would be quite relevant, I'd think. Before I spend time reading the whole article, does this guy know what he's talking about?

Okay, grabbing my beer now.
 

MarcSullivaFan

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I was just thinking again about what an incredible moment it was celebrating Butler's INT. Not just because they won, but because of all the bullshit in the weeks leading up to it, and because it was the first one my daughter was old enough to remember after being crushed in 2011, and because she had spent the last two weeks at school (we live in Indy) taking mountains of shit about being a Pats fan without wavering (she's eleven).

Then I thought about how wildly depressing this would be if they'd lost, and I appreciated that play even more, if that's possible.

We are very, very fortunate to be fans of this team. Whatever this stuffed suit shitbird does or doesn't wont change that, and it won't change the fact that he is a hollow shell of a human being.
 

MarcSullivaFan

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djbayko said:
Go have that beer. I have a question about this article posted today:

http://www.forbes.com/sites/jasonbelzer/2015/07/24/why-tom-brady-will-win-if-he-sues-roger-goodell-and-the-nfl-over-deflategate/

I've only skimmed it so far, but it talks A LOT about discovery and how that is going to heavily sway the outcome of the cases, the length/cost of the case, and even if it goes to trial. I thought our legal experts here had agreed that there would be no extensive discovery because we are talking about appealing a collectively bargained appeals process, and therefore, evidence is limited to the record. Won't some discovery be allowed? For example, an email from Goodell to Wells saying "I know he's guilty and I'm paying you to prove it!" would be quite relevant, I'd think. Before I spend time reading the whole article, does this guy know what he's talking about?

Okay, grabbing my beer now.
Generally there is no discovery on a petition to vacate an arbitrator's ruling. It's conceivable that there could be some relating to Goodell's partiality. I would be shocked if the judge allowed wide ranging discovery. This is a very limited review.

As to the author of that article, it reads like something written by a first semester law student who did a few hours of Google research.
 

djbayko

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MarcSullivaFan said:
Generally there is no discovery on a petition to vacate an arbitrator's ruling. It's conceivable that there could be some relating to Goodell's partiality. I would be shocked if the judge allowed wide ranging discovery. This is a very limited review.

As to the author of that article, it reads like something written by a first semester law student who did a few hours of Google research.
That's what I thought. Thanks! See, you guys are getting through to us :)
 

crystalline

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But the key thing here for the league is that they believe the pressure point is going to be at the start of training camp if they can get the deal done then because at that point in time, Brady will want to focus on football almost exclusively and get the entire Deflategate matter put behind him and in the rear mirror as he goes towards the 2015 season.
Wait, if this story is true it means the NFL is willing to damage Brady's game preparation, and thus make the game on the field worse, to make themselves look better.

So much for the integrity of the game. They've always been blowing smoke about that, this just proves they have other priorities besides the game.
 

dcmissle

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djbayko said:
That's what I thought. Thanks! See, you guys are getting through to us :)
We are very patient -- though not as patient as the moderators of BBTL, who have been beyond the pale patient since the SB. It is not endless. Mercifully, the Revis thread was locked.
 

djbayko

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dcmissle said:
We are very patient -- though not as patient as the moderators of BBTL, who have been beyond the pale patient since the SB. It is not endless. Mercifully, the Revis thread was locked.
dcmissle / MSL / others -

Since we've just determined that last article is bunk, does anyone have a link to a solid overview of the legal steps post-appeal and analysis of the case? Something I can easily point my friends to so they aren't spreading misinformation like the above. I can't remember if one has been previously linked here.
 

dcmissle

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Google McCann, a law professor at UNH, who is teaching a course on this mess, if you can believe that.

He war gamed the scenarios for Brady and Kraft when the discipline came down.

The learned people here have been too busy billing clients at sky high hourly rates to put pen to paper on this. We offer drive by snark.

Do not trust anything the mouthpieces at ESPN have written on this, Roger Cossack included. They have their thumbs on the scale for Roger.