Sons, Sam, and Horn, L.L.P.: Brady Case LEGAL ISSUES Only

bankshot1

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Standard IANAL-but here goes.
 
Can this appeal offer new case study/precedent or is it constrained to appeal the merit of the case as it was presented to Judge Berman?
 
Does the appeal panel read all case material (from Wells to Goodell to Berman) or is it confined to examining only the case and decision that was presented to Berman?
 
How far can the appellant reshape a narrative, bring up false narratives, etc. knowing that it has the last bite of the apple?
 
Thanks
 

PedroKsBambino

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WayBackVazquez said:
 
We discussed this a bit before, but essentially, if the COA wants to do it, it can.
 
 
Yes, no question they can---I was thinking out loud that the difficulty of doing so is raised by leaving open a significant factual question as he did.  I suppose if we believe they are pretty much going to do what they choose, then that doesn't matter....they can certainly find a way to make the factual question moot.
 

WayBackVazquez

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PedroKsBambino said:
Yes, no question they can---I was thinking out loud that the difficulty of doing so is raised by leaving open a significant factual question as he did.  I suppose if we believe they are pretty much going to do what they choose, then that doesn't matter....they can certainly find a way to make the factual question moot.
What's the significant factual question? That Goodell was evidently partial? If Berman had ruled in favor of Brady on that ground, nearly every lawyer in this thread would be saying - as they are now - that the COA would be reviewing this case de novo. Most here believe that the questions below decided by Berman were purely legal in nature. If the Second Circuit is inclined to reverse, it almost certainly will agree (very unlikely the COA would reverse here under clear error/abuse of discretion) with that. And if it does so, it can pretty easily also make the determination about evident partiality as a matter of law on the record before it.
 

DennyDoyle'sBoil

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bankshot1 said:
Standard IANAL-but here goes.
 
Can this appeal offer new case study/precedent or is it constrained to appeal the merit of the case as it was presented to Judge Berman?
 
Does the appeal panel read all case material (from Wells to Goodell to Berman) or is it confined to examining only the case and decision that was presented to Berman?
 
How far can the appellant reshape a narrative, bring up false narratives, etc. knowing that it has the last bite of the apple?
 
Thanks
Only stuff that was before Berman is before the court of appeals. But that includes the Wells Report and Goodell's decision and the arbitration hearing transcript, because those were exhibits below. The appellant's ability to take liberties with the record in the reply is constrained by a couple of factors. First, there will be oral argument. You don't want to spend too much of your precious 15 or 20 minutes calling your opponent a liar, but the existence of oral argument means as the appelant you have to have acoountability in the reply. Second, the judges have law clerks. They read the record. This is a very small record so the judges might too. And if they catch you in a lie, you're in trouble. Getting the reply brief is a nice advantage. But you can't overcook it. Clement likely won't.
 

bankshot1

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DennyDoyle'sBoil said:
Only stuff that was before Berman is before the court of appeals. But that includes the Wells Report and Goodell's decision and the arbitration hearing transcript, because those were exhibits below. The appellant's ability to take liberties with the record in the reply is constrained by a couple of factors. First, there will be oral argument. You don't want to spend too much of your precious 15 or 20 minutes calling your opponent a liar, but the existence of oral argument means as the appelant you have to have acoountability in the reply. Second, the judges have law clerks. They read the record. This is a very small record so the judges might too. And if they catch you in a lie, you're in trouble. Getting the reply brief is a nice advantage. But you can't overcook it. Clement likely won't.
Thanks
 
You say that oral arguments is only 15-20 minutes. Does this include just an opening statement and rebuttal of the opposition case, or is there also some unlimited time period of questioning by the panel to both sides?
 

dcmissle

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It's all your time. As appellant, you get to reserve some time to rebut arguments made by your adversary. That come out of the allotment too -- as does time consumed by judges.

The presiding judge, who will be the judge with the most seniority who has not taken senior status, has latitude to extend time. He or she often will if your time runs out when you are answering a question posed late in the argument, or if the panel really wants to bore down on some points. But you cannot count on it.
 

WayBackVazquez

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bankshot1 said:
Thanks
 
You say that oral arguments is only 15-20 minutes. Does this include just an opening statement and rebuttal of the opposition case, or is there also some unlimited time period of questioning by the panel to both sides?
Your time is your time and includes all time listening to and answering questions. The league will go first and reserve a few minutes for rebuttal. The union will get its whole time second.
 

bankshot1

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Thanks again
 
so if I understand oral arguments is (+/-):
 
A (15 mins)
B  (20 mins)
A  (5 mins)
 
with A getting the last word in oral arguments.
 
with no open ended unlimited questioning by the panel after A's last bite
 

WayBackVazquez

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I don't know what you mean by open ended unlimited questioning. As dc noted, if they want to hear more from a party, they'll let him go a little over. But it's nearly always just to finish up on a single question or line of questioning.

Your A B A understanding is pretty much correct.
 

bankshot1

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WayBackVazquez said:
I don't know what you mean by open ended unlimited questioning. As dc noted, if they want to hear more from a party, they'll let him go a little over. But it's nearly always just to finish up on a single question or line of questioning.

Your A B A understanding is pretty much correct.
My understanding is that after appellant gets the last 5 minutes (concluding the ~ 20 minutes allotted per side-the A-B-A construct) the game is over, and there is no additional Q/A. (ie there is not another 30-60 minutes (unlimited) questioning of the two-sides by the panel.
 

dcmissle

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This basically comes down to the panel IMO, and we are not going to know the identity of those people until the Thursday preceding the week the argument is scheduled. Even if someone leaks some version of the calendar -- or says, Judge X won't be on it because she sat last week, we won't know for sure. Sometimes that Court runs two sets of arguments out of separate courtrooms at the same time.
 

WayBackVazquez

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bankshot1 said:
My understanding is that after appellant gets the last 5 minutes (concluding the ~ 20 minutes allotted per side-the A-B-A construct) the game is over, and there is no additional Q/A. (ie there is not another 30-60 minutes (unlimited) questioning of the two-sides by the panel.
No, that is not going to happen.
 

HowBoutDemSox

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For those wondering how oral arguments work, here's a link to places where you can access audio files of circuit court oral arguments from the circuits that make them available: https://library.blogs.law.pace.edu/2013/09/11/circuit-courts-oral-argument-recordings-available-online/

Unfortunately, the Second Circuit doesn't appear to be one that shares those online, but I'd imagine the gist is pretty similar as at the other courts.

(SCOTUS does this as well, but their arguments will be longer, and not necessarily more interesting: http://www.supremecourt.gov/oral_arguments/argument_audio.aspx)
 

DennyDoyle'sBoil

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Has the Second Circuit allocated argument time yet?  I just put 15 or 20 minutes in as an example, but we may not yet know how long the argument will be.  Usually, you get told when the argument is calendared.  I will defer to the Second Circuit practitioners, but my understanding is that the Second Circuit is among the most restrictive in the country with respect to oral argument time -- both in setting time and in holding you to it.  In the Ninth Circuit, which is what I'm most familiar with, the arguments are set by complexity -- a staff attorney looks at the briefs and decides what weight to give the case and that determines both panel assignment (to make sure that there is a roughly fair distribution of complex cases) and also time for argument.  Most civil cases get 15 minute per side, with ones deemed relatively straightforward getting 10 minutes per side.  Very complicated appeals get 20 minutes, but that's rare.  The Second Circuit has even shorter arguments than that.  I think they do 10 minute arguments even -- so only 5 minutes per side.  The default seems to be 10 minutes per side, with occasional 12 minute arguments for more complicated civil cases.  I think 15 is long for the Second Circuit.  For example, on next week's argument calendar, there is a big labor law dispute involving American Airlines flight attendants, which has been given 15 minutes per side.  As far as I can tell, for the entire calendar next week, there are fewer than 5 cases getting 15 minutes and only one getting 20.  
 
So we're probably looking at something like:  Appellant 10, Appellee 12, Appellant 2.  Or Appellant 12, Appellee 15, Appellant 3.  Also, it's worth noting that the Appellant counsel is generally responsible for apportioning his or her own time.  So, if you're given 15 minutes, you usually begin by announcing how many you'll try to leave for your rebuttal -- say you ask for 4 minutes.  But there are no guarantees.  If you hit the 11 minute mark and you're still getting questions, your time for rebuttal is ticking down, or you decide to try to make one last point -- that eats into your rebuttal time.  And so you have to make a judgment on the fly whether you want to give long answers and potentially leave yourself with no rebuttal time or try to answer quickly to save some time for rebuttal.  And if they keep asking questions, there's nothing you can do about it while you watch your rebuttal time disappear.  Where I practice, if you use up all your time in your opening argument so that there is no rebuttal time left, the presiding judge will almost always give you one minute for rebuttal if he or she thinks you were responsive and it was questioning that made you go over.  But not always.  When he was Chief Judge, Rehnquist would cut lawyers off as soon as their 30 minutes were up, even in mid-sentence and even if they were answering a colleague's questions.  As a result, some older judges in particular adopt the same model, or possibly give you one more sentence to answer a question, but that's it.  Again, my understanding is that this is more common in the Second Circuit than elsewhere, but it depends on the judge and again I would defer to the Second Circuit practitioners.
 
Long winded way of saying that appellate oral arguments are probably very different from what you might anticipate based on the wide ranging hearings that were held before Berman.  You have three judges, and they ask questions, and the questions take time. There is no big wind up or statement of the facts -- and in fact sometimes you don't get to say more than a half sentence before you get your first question.  You want questions.  If the panel is against you, you want to know specifically why so you can try to talk them out of it. If they're on your side, you want to know their reservations, so you can explain why their instincts are right and why they shouldn't worry about it.  And your answers have to be honed down, because you might only get out a couple of sentences before another judge asks you a question.  In a typical argument with an engaged panel, you maybe will get to talk 60 percent of the time, and they will take up the other 40 percent.  When I prepare for a 10 minute argument, my assumption is I will get to make one and maybe one half (or abbreviated) point affirmatively and will get about 5 questions.  If it turns out more, great.  For a 15 minute argument, I prepare my best two points and figure out ways to work them into answer to questions if I can figure out a good transition, and have a third point ready to go.  It's different preparing to be the Appellee (Kessler here), and there's a premium on flexibility.  The advantage you have is that you just heard 10 or maybe 15 minutes from the panel in asking questions to your opponent, so you have a little time to try to tailor your argument accordingly.  
 
Of course, if you show up and it becomes clear that all they want to talk about is evident partiality, you throw it all out the window, and hopefully you're prepared.  You prepare for oral argument so that you're able to talk about a dozen things, to answer two dozen anticipated questions, and with as many pithy transitions as you can muster to move the panel from what you expect are the questions you'll get asked back toward your themes.  And then you look at your preparation materials after the fact and see you only got to 10 percent of it.  
 

PedroKsBambino

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WayBackVazquez said:
What's the significant factual question? That Goodell was evidently partial? If Berman had ruled in favor of Brady on that ground, nearly every lawyer in this thread would be saying - as they are now - that the COA would be reviewing this case de novo. Most here believe that the questions below decided by Berman were purely legal in nature. If the Second Circuit is inclined to reverse, it almost certainly will agree (very unlikely the COA would reverse here under clear error/abuse of discretion) with that. And if it does so, it can pretty easily also make the determination about evident partiality as a matter of law on the record before it.
 
My intent was to make an observation about behavior, not about the standard itself.  I do not think that appellate courts are quite completely indifferent to what the trial judge found and ruled on (and thus, by what they did not).  I think the way Berman ruled initially complicates this--though I agree they could just decide to rule on it all as a matter of law.  YMMV, obviously....could be I think more of this than is warranted, too.
 

OCST

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bankshot1 said:
Standard IANAL-but here goes.
 
Can this appeal offer new case study/precedent or is it constrained to appeal the merit of the case as it was presented to Judge Berman?
 
Does the appeal panel read all case material (from Wells to Goodell to Berman) or is it confined to examining only the case and decision that was presented to Berman?
 
How far can the appellant reshape a narrative, bring up false narratives, etc. knowing that it has the last bite of the apple?
 
Thanks
Re: your last question: there are limits.

the appellants brief and the appelee's (winner below) Brief in opposition both have a 14,000 word limit, which is enforced, (you can move for a higher limit in a big case, this one is probably too small).

The reply brief, or the appellant's last bite at the apple, is limited to 7,000 words.

More importantly, introduction of arguments in the reply that were not in the first brief is strongly disfavored and often called out in opinions.

You have to get creative if you want to run something truly new by the court - you have to dress it up as a refutation of the opposition brief. Usually won't work, because at this point there have been several laps around the same track (here, the Arb, the Arb appeal before Rog, Berman at the SDNY, and the first two briefs). Coming up with a wacky argument is probably not worth the risk, and will usually just undermine your appellate brief.

It's diminishing returns at that point. Reply brief is best used for its intended purpose, to refute the opposition brief. Too much repetition of the first brief is not even good - these guys hate repetition. You don't have much word count. Counterpunch crisply and get out. Anything else looks like a fourth and 29 Hail Mary.
 

WayBackVazquez

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If any non-lawyers would like to hear a somewhat typical oral argument on similar issues, you can listen to the Adrian Peterson Eighth Circuit argument held a couple of weeks ago here. (Unfortunately, the Eighth Circuit software doesn't seem to let you skip back and forth.)
 
By the way, looking at the docket there, Pratik Shah submitted the argument appearance form initially, indicating the initial plan likely was for him to argue for the League. Nash then re-submitted a couple of weeks later.
 

AB in DC

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To what extent does Berman's finding on "fundamental fairness" affect the deference traditionally granted to an arbiter?  In other words, does NFLPA have an opening to question Goodell's actual ruling as being a product of an unfair process and therefore not entitled to deference?
 
 
(I still fail to understand how Goodell's Article 46 authority is equivalent to acting as "arbiter" in the first place, but I think we've beaten that one to death.)
 

WayBackVazquez

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AB in DC said:
To what extent does Berman's finding on "fundamental fairness" affect the deference traditionally granted to an arbiter?  In other words, does NFLPA have an opening to question Goodell's actual ruling as being a product of an unfair process and therefore not entitled to deference?
 
Not sure what you're asking here; these concepts are intertwined. Deference does not mean untouchable. If the COA holds that the process was fundamentally unfair, then the NFLPA has overcome the necessary deference.
 
On another note, having listened to the Peterson argument, I'd feel a lot better if the union brought in an elite appellate lawyer. Kessler's passion and everyman schtick certainly works in some circumstances, but I don't think it plays too well in front of a federal appellate panel.
 

dcmissle

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WayBackVazquez said:
If any non-lawyers would like to hear a somewhat typical oral argument on similar issues, you can listen to the Adrian Peterson Eighth Circuit argument held a couple of weeks ago here. (Unfortunately, the Eighth Circuit software doesn't seem to let you skip back and forth.)
 
By the way, looking at the docket there, Pratik Shah submitted the argument appearance form initially, indicating the initial plan likely was for him to argue for the League. Nash then re-submitted a couple of weeks later.
That's quite the library. I plugged my name in and found one in 2004. Almost never listen to them. Everyone hates the sound of their own voice.

I have found that court to be at the cutting edge of technology.
 

joe dokes

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dcmissle said:
That's quite the library. I plugged my name in and found one in 2004. Almost never listen to them. Everyone hates the sound of their own voice.

I have found that court to be at the cutting edge of technology.
 
And if you've argued in a state appellate court that videotapes arguments, you soon realize that everyone hates their old haircuts, too.
 

dcmissle

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Suggestion to those interested:

1. Google "Eight Circuit and Oral Argument Recordings"

2. You will find a page that allows you to enter attorney name.

3. Insert Paul Clement

5. You will find 6 cases

6. Click on Tom Brady v NFL, the first one.

Case was argued 5 yeas ago. It's technical, but at least it is about football.

Clement got 30 minutes. He reserved 5.
 

WayBackVazquez

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joe dokes said:
 
And if you've argued in a state appellate court that videotapes arguments, you soon realize that everyone hates their old haircuts, too.
 
The Ninth Circuit videos every argument now as well. I'm much more likely to pine for my old waistlines than lament my old haircuts.
 

bankshot1

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dcmissle said:
Suggestion to those interested:

1. Google "Eight Circuit and Oral Argument Recordings"

2. You will find a page that allows you to enter attorney name.

3. Insert Paul Clement

5. You will find 6 cases

6. Click on Tom Brady v NFL, the first one.

Case was argued 5 yeas ago. It's technical, but at least it is about football.

Clement got 30 minutes. He reserved 5.
 
Clement was impressive. As was Olson. Could they have a re-match in Brady v NFL II?
 

dcmissle

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Possible. TB is separately represented in this case by Gibson Dunn, Olson's firm. I know some other guys there fully up to the task.

You absolutely have to put egos aside in something like this.
 

OCST

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BroodsSexton said:
SOSH should definitely seek leave to file an amicus brief on behalf of Patriots fans, with a Brandeis brief setting out the myriad ways in which Goodell's arbitrary disciplinary conduct has had an adverse impact on fan confidence in the game, throughout the country. What's the entity's status? Anyone up on member organization standing doctrine?
 
My parter was just looking at a similar standing issue (neighborhood civic organization), I'll ask him.
 
I am swamped, and gimpy besides, but I would seriously love to do this.  The combined legal expertise on this board could absolutely crush this. 
 

dcmissle

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You don't need standing. In fact, by definition you typically don't have it. You are a "friend of the court".

I don't know SoSH's organizational status, if any.

The problem you might have here is getting party consent, which is helpful but not necessary, but more importantly, consent of the Court. I think the Court probably would decline, lest it be flooded with briefs from fans and cranks.
 

BroodsSexton

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dcmissle said:
You don't need standing. In fact, by definition you typically don't have it. You are a "friend of the court".

I don't know SoSH's organizational status, if any.

The problem you might have here is getting party consent, which is helpful but not necessary, but more importantly, consent of the Court. I think the Court probably would decline, lest it be flooded with briefs from fans and cranks.
BUT CURT SCHILLING IS A MEMBER!
 

OCST

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dcmissle said:
You don't need standing. In fact, by definition you typically don't have it. You are a "friend of the court".

I don't know SoSH's organizational status, if any.

The problem you might have here is getting party consent, which is helpful but not necessary, but more importantly, consent of the Court. I think the Court probably would decline, lest it be flooded with briefs from fans and cranks.
 
Of course, duh.
 
SoSH is an LLC, I believe.
 

dcmissle

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SoSH is well positioned to offer a rifle shot rebuttal to a point made in the NFL's brief  -- a rebuttal that the Union cannot offer and no one else is as well positioned or incentivized to make as we are.
 
Clement argued that it is irrational for the League to target TB.  No plausible motive.
 
The Union will probably say two things in response:
 
(I)  People do irrational things all the time, and the disciplinary record under RG bears that out.
 
(ii)  There is a motive -- to stomp on the Union and player rights by going after its alpha male.
 
Another response, that probably won't be offered --
 
(iii)  Parity is a motive.  It's this League's God, a major cog in the  economic growth.  All the rules are tailored to achieving it, and so was this discipline.
 
The Patriots win too goddamned much.  It's like the old Yankees/Red Sox dominance.
 
The other teams, individually and collectively, are incentivized to topple what excellence has wrought, and did so through a bogus show trial fueled by junk science and aggrieved competitors. 
 
Everyone knows who RG works for, the owners.  And everyone knows how the owners responded in this instance.
 
It would be a fun brief to write -- with tongue only partially in cheek.
 

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joe dokes said:
 
And if you've argued in a state appellate court that videotapes arguments, you soon realize that everyone hates their old haircuts, too.
I read dc's post and had the same thought, with "new" replacing "old" and "line" replacing "cuts."
 

Rovin Romine

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BroodsSexton said:
SOSH should definitely seek leave to file an amicus brief on behalf of Patriots fans, with a Brandeis brief setting out the myriad ways in which Goodell's arbitrary disciplinary conduct has had an adverse impact on fan confidence in the game, throughout the country. What's the entity's status? Anyone up on member organization standing doctrine?
 
I'd donate some time to this.  While I've drafted a handful of appellate briefs, I don't routinely do appellate work, so I'm happy to be a mule.
 
Given SOSH, I suspect it'll be a bit like herding cats - what exactly would we want to set forth in our brief?  I like the idea of impacting fan confidence, diminishing enjoyment, etc. but are there other subject to broach?
 
Also, we'd need a head honco(s) to coordinate things and some way of sharing research/drafts.    WBV and DennyDoyle'sBoil seem to be obvious candidates, but there are probably others.  
 
Anyone want to step up to the plate? 
 

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dcmissle said:
That's quite the library. I plugged my name in and found one in 2004. Almost never listen to them. Everyone hates the sound of their own voice.

I have found that court to be at the cutting edge of technology.
 
I had to listen to an audio recording of a two day trial I did (rush transcript wasn't happening).  I never wanted to try a case again.  
 

DennyDoyle'sBoil

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Rovin Romine said:
 
 WBV and DennyDoyle'sBoil seem to be obvious candidates
 
I think my firm's policies would prohibit me from doing it.  That is, assuming we're talking about writing an amicus brief for SOSH or for some other group of fans or similar amici.  I think I can probably kibitz on general stuff or themes, so long as it's clear I'm doing it as just a guy shooting around ideas and not on behalf of any client. 
 

WayBackVazquez

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Yeah, amici are frowned upon at my firm even for clients willing to pay. I'd be happy to review and comment informally as WayBackVazquez, but I wouldn't be able to sign on even as one of the interested fans.
 
I think it's a fun idea though, and I'm not too pessimistic about Court granting leave to file it. At least one of the signatories should be a season ticket holder I'd think, and maybe a (legal) gambler. Is Vegas Sox Fan a Patriots fan?
 

DennyDoyle'sBoil

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BroodsSexton said:
Why do your firms look disfavorably on amici briefs? Conflicts?
 
Mine doesn't have a problem with amicus briefs as such.  I've done pro bono amicus briefs.  But we have a no moonlighting rule that means any matters we work on -- even for family or personal matters -- have to be opened as firm matters.  This one couldn't get opened as a firm matter, and I shouldn't say more than that.
 

WayBackVazquez

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BroodsSexton said:
Why do your firms look disfavorably on amici briefs? Conflicts?
Yes. Potential conflicts, really. The determination was made that the limited revenue generated by an amicus client is not worth the risk of being conflicted out of more significant work in the future. It's not an absolute bar, but it's a hurdle. Existing major clients don't count, of course.
 

dcmissle

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Issue conflicts can be thorny. A firm can have 1000 lawyers with thousands of clients, but really should not be arguing opposing sides of the same issue. Given the uniqueness of this case, that is not likely, but you can have thematic conflicts.

Suppose, for example, that have a client or group of clients that use arbitration heavily. Side with the Union on this, and some of them might say, "you are attacking the sanctity of arbitration? WTF."
 

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dcmissle said:
Issue conflicts can be thorny. A firm can have 1000 lawyers with thousands of clients, but really should not be arguing opposing sides of the same issue. Given the uniqueness of this case, that is not likely, but you can have thematic conflicts.

Suppose, for example, that have a client or group of clients that use arbitration heavily. Side with the Union on this, and some of them might say, "you are attacking the sanctity of arbitration? WTF."
HAHAHAHA yeah like the big firms actually take care to avoid issue conflicts...
 

AB in DC

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But in this case, it's fairly easy to be anti-NFL without being pro-Patriots.  Even Goodell admits that the appeal isn't about Brady or the Patriots any more, it's about his authority.  If anything, a brief from someone with no clear ties to New England could be even more persuasive than a SOSH brief.
 

djbayko

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Yes,just reacting to the original idea that it be on the behalf of Patriots fans. I know lawyers are only advocates, but optics. Would be awesome though - go for it.
 

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To the extent this costs something, I'd happily contribute.  And while I am a lawyer, I'm a transactional one(RE & Corporate) who can add no substantive value to an appellate brief.
 

DavidTai

Member
SoSH Member
Dec 18, 2003
1,314
Herndon, VA
djbayko said:
Yes,just reacting to the original idea that it be on the behalf of Patriots fans. I know lawyers are only advocates, but optics. Would be awesome though - go for it.
 
I was thinking less that she does it on behalf of Pats fans and more that she does it on behalf of... well, basic arbitration rights for sports or whatever legal terms would suit this.
 

WayBackVazquez

white knight against high school nookie
SoSH Member
Aug 23, 2006
8,294
Los Angeles
AB in DC said:
But in this case, it's fairly easy to be anti-NFL without being pro-Patriots.  Even Goodell admits that the appeal isn't about Brady or the Patriots any more, it's about his authority.  If anything, a brief from someone with no clear ties to New England could be even more persuasive than a SOSH brief.
  
DavidTai said:
I was thinking less that she does it on behalf of Pats fans and more that she does it on behalf of... well, basic arbitration rights for sports or whatever legal terms would suit this.
The opening of an amicus brief must contain a (FRAP 29) statement of the party's interest in the matter. IMO, "Amicus is a mostly non-practicing attorney and blogger who has an interest in requiring the the NFL to act fairly," is less persuasive than "Amici are New England Patriots season ticket holders who have an interest in ensuring the fair value of their property and maintaining a level playing field for their favored team."
 

WayBackVazquez

white knight against high school nookie
SoSH Member
Aug 23, 2006
8,294
Los Angeles
djbayko said:
is there a way to keep the brief profile low so that it doesn't result in 31+ responses from crack lawyer-fans?
 
One doesn't really respond to an amicus brief. Sometimes an appellant might address an argument made in an amicus on reply, especially if the amicus was filed by the government, but in general, no responses. But to your question, a brief in support of the NFLPA would not be due until 7 days after the union files its brief. After that, an amicus would need leave to file a late brief, which the court would be very unlikely to grant, especially a brief in response to another amicus. So it's not really an issue.
 
I suspect there will be amicus briefs in support of each side here. Probably from the MLBPA on the union's side, and potentially the other leagues in favor of Goodell. And there probably will be a couple of crackpotish briefs filed.