TB Suspension: Cheater free to play again

PaulinMyrBch

Don't touch his dog food
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Dec 10, 2003
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MYRTLE BEACH!!!!
I'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.

Fuck.
 

TheoShmeo

Skrub's sympathy case
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Jul 19, 2005
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Roger Goodell is likely celebrating like a mad man. But, in truth, this is a dark day for him and his legacy...if you take a longer view and don't only focus on preserving his powers.

What a joke.
 

Leather

given himself a skunk spot
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Jul 18, 2005
28,451
I have simply stopped caring. But this is even dumber in hindsight, and I don't look forward to the meathead hot takes for the next 6 months.
 

Tyrone Biggums

nfl meets tri-annually at a secret country mansion
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Aug 15, 2006
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Mark Brunell is somewhere between crying tears of joy and furiously masturbating
 

Leather

given himself a skunk spot
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Jul 18, 2005
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Appeal to the Supreme Court? I don't think that's happening.

EDIT: Oh, I see.
 

Eddie Jurak

canderson-lite
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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?
 

Mooch

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Jul 15, 2005
4,184
Time for Brady to take off the gloves and sue the fuck out of the league for slandering him. I can't see any other way around it.
 

RSN Diaspora

molests goats for comedy
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Jul 29, 2005
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So what is the next step for Team Brady?
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).
 

DJnVa

Dorito Dawg
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Dec 16, 2010
52,022
Fucking up my fantasy football holdover strategy. THANKS A LOT LEGAL SYSTEM!!!
 

DJnVa

Dorito Dawg
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Dec 16, 2010
52,022
Three of the 4 at home for Jimmy G, but that Cardinals game is going to be even more of a bear now. I would not want to be the Cleveland Browns in week 5 however.
 

dcmissle

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Aug 4, 2005
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I'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.

Fuck.
Effectively, none
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?
I'll have to read it, but the Chief Judge dissenting in a two-to-one is unusual. That said:

1. The Second Circuit almost never rehears a case before the full Court -- what's called a rehearing en banc.

2. As things stand right now, this is not particularly worthy of Supreme Court review, which is a long shot in any case.

It's probably time to move on.
 

Smiling Joe Hesketh

Throw Momma From the Train
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May 20, 2003
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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).
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.

Burn them down.
 

Marbleheader

Dope
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Sep 27, 2004
11,633
Just have to accept it, not a lot Brady can do. Should have hired a better appeal lawyer. It's over.
 

genoasalami

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Sep 4, 2006
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Besides the BS of him being suspended....I also thought it may help team in long run. See what Jimmy Garoppolo can do. He will have entire camp and preseason to get ready. No reason they can't go 2-2 or 3-1 with him at QB if he takes care of the ball. Brady won't be here forever. It will be 4 less games or wear and tear.
 

Boston Brawler

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I want to say TB should fight this as long as possible, but I also want this whole circus to be over.
 

Bleedred

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Feb 21, 2001
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Just have to accept it, not a lot Brady can do. Should have hired a better appeal lawyer. It's over.
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 appeal
 

soxhop411

news aggravator
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Dec 4, 2009
45,451
Aaron Nagler ‏@AaronNagler 4m4 minutes ago
"Had the parties wished to restrict his authority, they could have fashioned a different agreement." Damn.
We 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.
Page 31-32

 

sodenj5

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As a fan of a Week 2 opponent, awesome. I'll take Jimmy G in NE and Brady in Miami.
 

GregHarris

beware my sexy helmet/overall ensemble
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Jun 5, 2008
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I wonder if the NFLPA would strike over this. Force the owners to specially revisit these "broad" powers.
 

Smiling Joe Hesketh

Throw Momma From the Train
Dope
May 20, 2003
35,175
Deep inside Muppet Labs
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.
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.

Appeal this bitch right up.
 

genoasalami

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Sep 4, 2006
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I know I read a headline somewhere from one of those sports law experts..... "Why Tom Brady's ruling is appeal proof" ..or something along those lines...
 

bougrj1

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Jul 14, 2005
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How are people so easy to fold with the 'it's time to move on' crap? This could make or break a Patriot's season in what little time we have in the Brady/BB era. I say bullshit - fight until you've completely run out of options.
 

Stitch01

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Jul 15, 2005
18,155
Boston
welp

Bullshit, but could see the writing on the wall. Just add it to the list of places (although not one of the more serious ones, obviously) where our legal system is a complete joke.