drleather2001 said:
Eh... Without more clarification on what they mean by "essence of the contract", it's a wishy-washy thing to pin hopes on. It's certainly not a bad thing, and if I were arguing for Brady I'd use it, but the crux is still the same in that they have to demonstrate that Goodell's own inferences and conclusions were so arbitrary and capricious as to be outside the parties' intent when the CBA was drafted. Because the CBA certainly allows him some leeway in making these decisions.
Some leeway for sure. Even the rulebook on tampering with footballs gives some leeway. Including, but not limited to, a $25,000 fine.
Ok, some leeway yes. But $25,000 fine to four games ($1.8 million financial penalty) for Brady, $1 million team fine, a first round pick, and a fourth round pick....well....that's a little more than "some leeway".
Littering = $100 fine. Rumors have it you were littering, even though there is no real evidence you did. Judge throws you in prison for three years.
Some leeway, yes. THAT kind of leeway? No way. If Goodell wins this, then all it means is that he literally can do whatever he wants. He can lie, make stuff up, fabricate things, come to any conclusion he wants, and issue any penalty he wants, and there's nothing anyone can do about it.
That's a hell of a lot more than "some leeway". That's carte blanche.