I suppose they could go to SCOTUS. I don't see it happening, but there is potential value in establishing precedent on the absolute powers enshrined in a collective bargaining agreement. Likeliest scenario is four weeks of Jimmy G.So what is the next step for Team Brady?
Effectively, noneI'm curious as to the remedies now. The court just reversed and decided the issues Berman did not rule on. The settled all the claims Kessler made with one brief. Everything against Brady.
I'll have to read it, but the Chief Judge dissenting in a two-to-one is unusual. That said:No realistic avenue for Brady to appeal at this point, is there? Second circuit won't hear this en banc and Supreme Court will also take a pass.
This is Jimmy's time.
Edit: also, 2-1 decision with Katzmann dissenting. Does that make any difference whatsoever?
Then they need to do that. Fight these fuckers all the way down the line. Just because Kraft lay down and gave up doesn't mean Brady and the NFLPA should. The NFL cannot get away with blatant lying and disregard of science and facts.I suppose they could go to SCOTUS. I don't see it happening, but there is potential value in establishing precedent on the absolute powers enshrined in a collective bargaining agreement. Likeliest scenario is four weeks of Jimmy G.
EDIT: forgot about the en banc step. That would be next step (and likelier to hear the case).
This. Ted Olsen should have been arguing, not Kessler. I know it's hindsight, but it's clear as day now. Kessler kicked ass at the district court and had his lunch eaten on appealJust have to accept it, not a lot Brady can do. Should have hired a better appeal lawyer. It's over.
Page 31-32We see no impropriety and certainly no fundamental 26 unfairness because the resolution of this matter fell well within the 27 broad discretion afforded arbitrators. And the allegation lacks merit, 28 as the record is clear that the discipline imposed on Brady was 29 pursuant to the “Commissioner’s authority,” which is what Article 30 46 contemplates. Where a claim is facially deficient, an arbitrator
may summarily dismiss it, so long as doing so does not contravene 2 the collective agreement. See Sheldon v. Vermonty, 269 F.3d 1202, 1207 (10th Cir. 2001).15 3 If it is seriously believed that these procedures 4 were deficient or prejudicial, the remedy was to address them 5 during collective bargaining. Had the parties wished to otherwise 6 limit the arbitrator’s authority, they could have negotiated terms to 7 do so.
Fuck that. The suspension is potentially taking away what, 10% of Brady's remaining career? Under no circumstances should he or anyone associated with the Patriots or the NFLPA accept that in view of the league's horrific "investigation," pile of lies, and ignorance of 8th grade science.Hope Brady comes out with a strong statement and then we move the fuck on. I can't even muster indignation over this decision, just so tired of this whole affair.