TB Suspension: Cheater free to play again

Average Reds

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The idea being that a beleaguered Tom Brady on the field would draw a bigger audience than Jimmy G. If the sponsors think that the backup QB would result in fewer viewers, or that TB would boost viewers, that's potentially meaningful to them and to the (32 owners of) the league.

This isn't a given, obviously. Maybe the fact that TB isn't playjng would be a big draw anyway.

Edit: more simply: RG would reschedule the suspension of it served his interests, meaning the interests of the owners. The interests of the owners are tied to the interests of the networks. The interests of the networks are tied to the interest of the sponsors.

So I guess it would be the networks that would apply pressure on RG if they saw the potential for a + or - effect on viewership.
As you point out, sponsors are interested in viewers. And unless the game became a blowout, I would argue that sponsors would get a bigger bang for their buck under a hypothetical scenario where the Pats have to play without Brady, who is serving his suspension after an unfortunately-timed court ruling.

Unless RG rules that his initial suspension covered regular season games only (and I cannot imagine that he would, but maybe there is precedence out there that I don't know about) I'm pretty sure that he would not change the schedule for any punishments based on network or the sponsor concerns.
 
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mwonow

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As you point out, sponsors are interested in viewers. And unless the game became a blowout, I would argue that sponsors would get a bigger bang for their buck under a hypothetical scenario where the Pats have to play without Brady, who is serving his suspension after an unfortunately-timed court ruling.

Unless RG rules that his initial suspension covered regular season games only (and I cannot imagine that he would, but maybe there is precedence out there that I don't know about) I'm pretty sure that he would not change the schedule for any punishments based on network or the sponsor concerns.
Wouldn't there have to be some reference to regular season, to avoid having the suspension apply to pre-season games? Not that logic and consistency would be tying RG's hands in any way...
 

tims4wins

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This was the original letter

Accordingly, pursuant to the authority of the Commissioner under Article 46 of the Collective Bargaining Agreement and your NFL Player Contract, you are suspended without pay for your club's first four games of the 2015 regular season. This suspension will take effect upon the final roster reduction on September 5, 2015; until that time you may participate in all off-season activities, including preseason games.
 

djbayko

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If the NFLPA / Olsen does petition the SC, I'm assuming they can have their friendly 3rd parties simply refile their respective amicus briefs with a the new court, correct?
 

Bleedred

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I'm irrationally invested in this and have been holding a torch forever, but even I'm getting fatigued. If Brady chooses to fight, I'm 100% behind it. If he's had enough, I'm 100% behind it. I'm satisfied knowing that the NFL and Roger Goodell soiled themselves repeatedly with regard to this matter and that history's verdict will find them to be the petty, know-nothing, incompetent and dishonest fools that they are.
 

ifmanis5

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I'm irrationally invested in this and have been holding a torch forever, but even I'm getting fatigued. If Brady chooses to fight, I'm 100% behind it. If he's had enough, I'm 100% behind it. I'm satisfied knowing that the NFL and Roger Goodell soiled themselves repeatedly with regard to this matter and that history's verdict will find them to be the petty, know-nothing, incompetent and dishonest fools that they are.
He needs to fight this all the way and I think he will. If he gives in everyone will say 'see, he knew he was guilty!'
 

staz

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Is there any way to finagle the timeline at all, so the suspension could be served Week 2, 3, 4 and 5 (vMIA, vHOU, vBUF, @CLE)? Appeal then drop the appeal after the ARI game? Or similar to what happens in MLB, when an appeal is dropped in the event of an injury? Managing the process in coordination with football-related events might yield the best result at this point.

OTOH, I wouldn't be surprised if SCOTUS is itching to take this up to put an absolute beatdown on the blatantly obvious kangaroo dung the league and lower courts have been spewing.
 

Ed Hillel

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Now, if TB12 cares to, he could fire up the "defamation" case against the NFL and Goodell for publicly lying about his testimony under oath where a foundation for the Award of a 4 game suspension was partially based on Brady's failure to admit that he talked about the ball underinflation issue with Jastremski. As we all know, that was a bald face lie (or gross negligence). I understand that the defamation case is not happening, but give me my 5 minutes of mastabatory fantasy of having Goodell and the NFL having to turn over all emails, etc., related to this farce.
I'm with you that Brady should do whatever he wants and I wouldn't fault him one bit, but selfishly I hope he drops this suit because of the risk and files a defamation suit. I think he has a better shot at getting to discovery in a defamation suit based on what you've mentioned and the entire Mort report PSI under thing (against the NFL, not ESPN) than the Supreme Court deciding to take up this case. Doesn't mean he can't do both, but I am also concerned about the playoff timing risk.
 

hunter05

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He needs to fight this all the way and I think he will. If he gives in everyone will say 'see, he knew he was guilty!'
People will say this regardless, or some version of it. The general NFL fan believes Brady, Belichick and the organization are dirty. Should Brady win a SC decision, those same people would say it's a legal technicality, as they did win Berman vacated it. Nothing is going to change their minds.

I think he should do whatever he wants, he's earned that.
 

simplyeric

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This was the original letter
I'm wondering if 'first four' (edit: suspension language states 'first four games of the 2015 regular season) is applicable moving forward. Like, if they appeal to SCOTUS and its denied, could they convincingly assert that 'first four' still pertains, because the penalty involved in early games is clearly different than post-season games? (Or even late season games)
 
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EvilEmpire

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I'm wondering if 'first four' is applicable moving forward. Like, if they appeal to SCOTUS and its denied, could they convincingly assert that 'first four' still pertains, because the penalty involved in early games is clearly different than post-season games? (Or even late season games)
Yeah, I'm sure that will happen. If not, they can just take RG to court again.
 

simplyeric

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Yeah, I'm sure that will happen. If not, they can just take RG to court again.
Exactly.
Taking them to court involves claim to stays in suspension. All they need to do is plausibly claim that the suspension explocitly stated 'first four' which is tangibly different than later games or at least clearly different than playoff/Super Bowl games.
They don't have to 'win' v. RG. They have to convince someone to delay the enactment of the suspension based on the explicit language of RG's suspension.
 

EvilEmpire

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Exactly.
Taking them to court involves claim to stays in suspension. All they need to do is plausibly claim that the suspension explocitly stated 'first four' which is tangibly different than later games or at least clearly different than playoff/Super Bowl games.
They don't have to 'win' v. RG. They have to convince someone to delay the enactment of the suspension based on the explicit language of RG's suspension.
Sure, then the courts will really define the limits of RG's power.
 

Papelbon's Poutine

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People will say this regardless, or some version of it. The general NFL fan believes Brady, Belichick and the organization are dirty. Should Brady win a SC decision, those same people would say it's a legal technicality, as they did win Berman vacated it. Nothing is going to change their minds.

I think he should do whatever he wants, he's earned that.
I'm wondering how much the bolded is actually true at this point. When it started, absolutely. But the king has shown to be wearing no clothes at this point and I wonder how many people that didn't already have an irrational bias against NE are still sitting on their ignorance and proclaiming that he is guilty?

I honestly don't know because I'm living in the hot bed of it. I'd be curious if the sea has changed in other areas.
 

hunter05

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It is true for the other message boards I tool around on as well as the non-Patriot NFL fans I know in person.

The Patriots deflated footballs, taped a SB walkthrough, steal opponent playbooks, and occasionally eat small children.
 

simplyeric

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It is true for the other message boards I tool around on as well as the non-Patriot NFL fans I know in person.

The Patriots deflated footballs, taped a SB walkthrough, steal opponent playbooks, and occasionally eat small children.
And yet Goodell was openly mocked at the ESPY's tonight, specifically related to TB and defkategate...
 

geoduck no quahog

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Going back to the Florio piece, which does a good job of summarizing the legal issues for us nimrods - this case is no longer about Tom Brady or even the NFL. It's about the integrity of the arbitration process.

Lawyers: My take is that the opposing party (Roger Goodell)
(a) Withheld discovery documentation and,
(b) Altered the charges after the arbitration hearing was complete

The Arbitrator (Roger Goodell) dismissed the other party's claims of unfairness concerning (a) and (b).

This has nothing to do with whether or not one party was also the arbitrator (since that was already agreed) or even the merits of each party's case. It's about the Arbitrator ignoring accepted rules of fairness and establishing a precedent that any arbitrator is free to do that from now on (in this circuit). How can any party subject to a contractual arbitration clause accept this outcome?

I claim that Contractor X owes me $100,000 in damages for incomplete work. I have photos of this work but perhaps I don't share them. Contractor X states he performed the work to acceptable standards. We all make our case, after which I decide I'm really going after Contractor X for using poor materials that didn't meet specification. The Arbitrator (who we've both agreed to appoint) accepts the new charge and rules in my favor, stating that "unacceptable work" is the same as "incomplete work". Contractor X has no opportunity to call upon an architect or other expert to defend work quality. He loses the case.

Is this an appropriate analogy?
 

Bergs

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[QUOTE="Ed Hillel, post: 1784836, member: 38383] but I am also concerned about the playoff timing risk.[/QUOTE]
I would literally rather have the NEP never win another game than fold on this. Fuck the NFL.

Edit : Fuck the NFL. Up against a wall. With handcuffs on.

I would rather the NEP forfeit the 1st 4 games on principle, keep everyone healthy, and finish 12-4.

I would rather ANYTHING than just take this laying down. Football is not that important; integrity is.
 

dhappy42

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I'm wondering if 'first four' (edit: suspension language states 'first four games of the 2015 regular season) is applicable moving forward. Like, if they appeal to SCOTUS and its denied, could they convincingly assert that 'first four' still pertains, because the penalty involved in early games is clearly different than post-season games? (Or even late season games)
It's kind of funny that the doofuses at the NFL worded Brady's suspension that way -- "first four games of the 2015 season." Unless the NFL's not-so-bright lawyers added additional language, technically, the suspension is no longer valid even if upheld.
 

Papelbon's Poutine

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[QUOTE="Ed Hillel, post: 1784836, member: 38383] but I am also concerned about the playoff timing risk.
I would literally rather have the NEP never win another game than fold on this. Fuck the NFL.

Edit : Fuck the NFL. Up against a wall. With handcuffs on.

I would rather the NEP forfeit the 1st 4 games on principle, keep everyone healthy, and finish 12-4.

I would rather ANYTHING than just take this laying down. Football is not that important; integrity is.[/QUOTE]

Maybe take a walk?
 

djbayko

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And yet Goodell was openly mocked at the ESPY's tonight, specifically related to TB and defkategate...
Didn't watch, just saw clips online. I saw the part of John Cena's opening monologue where he compared Goodell to Vince McMahon - an evil leader pulling strings behind the strings. Was there another joke aimed at Goodell and DFG?

While he was comparing the NFL to the WWE, it's a shame that he couldn't mention PEDs, especially since they mentioned Peyton.
 

JohnnyK

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It is true for the other message boards I tool around on as well as the non-Patriot NFL fans I know in person.
On the other hand of the spectrum /r/nfl seems to be mostly pro-Brady now, although this view could be skewed by Patriots fans up voting anything that supports him and down voting dissenting opinions.
 

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Fuck all of those who call him a cheater, who insist that he take the suspension in "light of the Dallas tragedy" or "his teammates," who say that "there wasn't evidence that pointed to the fact that he wasn't guilty." Take it to the Supreme Court and be damned, Tom. We will ALWAYS have your back.
 

Lose Remerswaal

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Didn't watch, just saw clips online. I saw the part of John Cena's opening monologue where he compared Goodell to Vince McMahon - an evil leader pulling strings behind the strings. Was there another joke aimed at Goodell and DFG?

While he was comparing the NFL to the WWE, it's a shame that he couldn't mention PEDs, especially since they mentioned Peyton.
I think that was the only reference, but to be honest, I watched the ESPYs in about a half hour.
 

Average Reds

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It's kind of funny that the doofuses at the NFL worded Brady's suspension that way -- "first four games of the 2015 season." Unless the NFL's not-so-bright lawyers added additional language, technically, the suspension is no longer valid even if upheld.
To make this claim is to fundamentally misunderstand the issues that are currently being litigated.

Unless the original suspension imposed specific conditions that precluded a modification, I believe that Goodell can re-impose the four game suspension at his discretion.

Since the original suspension specifically precluded the preseason, my guess is that he would not be able to change those terms. (Nor would he want to, since that would significantly lesson the punishment.) Whether this also prevents him from including postseason games in the 4 game suspension is a different question, but I'm almost certain that he can do this.
 
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BaseballJones

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To make this claim is to fundamentally misunderstand the issues that are currently being litigated.

Unless the original suspension imposed specific conditions that precluded a modification, I believe that Goodell can re-impose the four game suspension at his discretion.

Since the original suspension specifically precluded the preseason, my guess is that he would not be able to change those terms. (Nor would he want to, since that would significantly lesson the punishment.) Whether this also prevents him from including postseason games in the 4 game suspension is a different question, but I'm almost certain that he can do this.
I think Goodell can pretty much do whatever he wants.
 

simplyeric

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To make this claim is to fundamentally misunderstand the issues that are currently being litigated.

Unless the original suspension imposed specific conditions that precluded a modification, I believe that Goodell can re-impose the four game suspension at his discretion.

Since the original suspension specifically precluded the preseason, my guess is that he would not be able to change those terms. (Nor would he want to, since that would significantly lesson the punishment.) Whether this also prevents him from including postseason games in the 4 game suspension is a different question, but I'm almost certain that he can do this.
I see that you are saying. But, he doesn't have the authority to increase the punishment at this stage, correct? He could reduce it ("ok Tom this has gone on long enough, I'll call it two pre-season and two regular season) or something. I mean, RG good simply choose to pardon Tom. But he can't increase or radically change the named penalty (he couldn't go to 6 games at this point, nor could he say "instead of 4 game suspension, he can play all the games but must forfeit his full year's salary" or something).

If the punishment had originally said "post-season games", he would have been (according to current court decision) within his right to do so, and I think everyone would agree that that would have constituted a much bigger penalty than 4 in-season games.

So my question in the abstract is:
a. If the appeals finally fail, and it's December, is it in Goodell's powers to make the suspension happen for post-season games...or would that constitute an increase in the penalty, which he's not allowed to do at this stage?
b. If Goodell did make it happen in the post-season, how would the NFLPA fight that (i.e. who would they go to for a decision on whether the post-season games constitute an improper increase in penalty)?
 

DJnVa

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This is all entertainment for me, so I think what I want now is when the Pats open the season out in Arizona, just sit in the locker room and not come out. That would entertain me.



I know this will never happen, but I'd love to see the network and league have to respond.
 

simplyeric

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I think Goodell can pretty much do whatever he wants.
Yep. Right now he could announce that he finds Brady's insistence on pursuing legal remedies annoying, so he's out for the season, and nobody could do a single thing about it.
But that's not technically true, is it?
That's exactly right, and it's all the fault of the NFLPA for agreeing to such a draconian CBA.
Wait, wait...he can't just suspend people willy-nilly. He has to, at some point, go through the process. Yes, the process is a sham. But in this instance, the process has set a pretty clear limit on what can happen in terms of this case.
He could "find Tom annoying" and suspend him for that, but not as an addition to the current case.
 

yep

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But that's not technically true, is it?

Wait, wait...he can't just suspend people willy-nilly. He has to, at some point, go through the process. Yes, the process is a sham. But in this instance, the process has set a pretty clear limit on what can happen in terms of this case.
He could "find Tom annoying" and suspend him for that, but not as an addition to the current case.
You are looking for rules in a rulebook that Goodell gets to write. The deciding authority on the limits of RG's power is RG. It's Calvinball, and the NFLPA agreed to it.
 

Smiling Joe Hesketh

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The process has to take place, sure. As we've just seen, though, the process is essentially meaningless to the ultimate outcome. No matter what happens in the process, the courts just ruled that the CBA allows Goodell to do whatever the fuck he wants after that process.

Roger Goodell, meet Roland Freisler.
 

BaseballJones

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Well, consider this specific case. I know we all have been over this a gazillion times. But try to wrap your head around it: A Patriots' opponent hinted to the NFL that the Patriots screw with inflation level of the footballs. They got their hands on an intercepted ball in the AFCCG and told the Patriots then and there that they're f***ed. They go through the most unscientific method possible to determine this, and then determine that, in fact, the Patriots' footballs were under inflated. They know nothing about the laws of physics. Yet they leak to Mortensen false information that they could easily have corrected, but it drives the narrative. They hire Ted Wells and, in conjunction with Wells, put together a report that is such a sham and a phony that it would be absolutely shredded by scientists and lawyers if it was introduced as evidence in a case. They find mysterious texts that say "deflator", but nothing - NOT A SINGLE SOLITARY THING - actually links Brady to ANY "ball deflation scheme". The only thing they can really pin on him is that he may not have cooperated to the degree that they'd like. And there was precedent for what the penalty should be in such a situation - $50,000 to Brett Favre. They went outside the rulebook which speaks to football tampering penalties. They didn't follow precedent. They made stuff up. They flat-out lied to a federal judge, for crying out loud. Goodell was the prosecutor, the judge, the jury, and the appeals judge. He ruled on his own case.

I literally cannot imagine how, so long as he "follows procedure" - i.e., issues a penalty, and then when that penalty is appealed, hears the appeal himself and upholds it - there is nothing he cannot do. I mean, why can't he suspend Brady again for "conduct detrimental" simply for taking this legally as far as he can (just claim that Brady fighting this has hurt the league's reputation and cost the league millions and millions of dollars)? Because it's not mentioned in the CBA or the rule book? Neither is anything else Tom Brady has been accused of. You could assign *anything* to "conduct detrimental" and if Goodell applies the penalty, hears the appeal, and upholds it, what can a player do?

This is the problem with the Court's ruling that Goodell is following the procedure.

I know that some lawyer types here may say that this is a ridiculous scenario, but honestly, why couldn't Goodell do this? Nobody in a million years would have ever thought that Goodell could literally make stuff up, change his ruling, hear his own appeal, lie to a federal judge, and get away with it over something that had essentially no evidence, and that science says didn't even happen. And yet....he has.
 

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This has nothing to do with the facts of the initial case any more. It has everything to do with the NFL trying to allocate as much power to Goodell as possible under the current CBA. They're basically arguing that it doesn't matter if Brady is actually innocent, the only thing that matter's is Goodell's ability to issue punishments based on whatever criteria he sees fit as long as the farce of the kangaroo court is followed.
 

Average Reds

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This has nothing to do with the facts of the initial case any more. It has everything to do with the NFL trying to allocate as much power to Goodell as possible under the current CBA. They're basically arguing that it doesn't matter if Brady is actually innocent, the only thing that matter's is Goodell's ability to issue punishments based on whatever criteria he sees fit as long as the farce of the kangaroo court is followed.
Exactly right.

The reason I think it's a no-brainer for the NFLPA to appeal this to the Supreme Court is that the existing ruling basically tells the NFLPA to pound sand because so long as he follows the steps outlined in the CBA, Goodell has essentially unlimited power to rule as he pleases. The reason it might make sense (from Brady's perspective) to not ask for a stay is that if the court decides not to hear the appeals in December, Brady could easily sit for the playoffs.
 

Bleedred

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I know that some lawyer types here may say that this is a ridiculous scenario, but honestly, why couldn't Goodell do this? Nobody in a million years would have ever thought that Goodell could literally make stuff up, change his ruling, hear his own appeal, lie to a federal judge, and get away with it over something that had essentially no evidence, and that science says didn't even happen. And yet....he has.
When did Goodell lie to a federal judge? Are you talking about in the Ray Rice case, when the federal judge (retired) found Goodell not to be credible when he testified that Ray Rice didn't say that Rice hit his then fiance? Or the lie in the Award that Brady never testified about discussing ball under-inflation with Jastremski?
 

tims4wins

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But that's not technically true, is it?

Wait, wait...he can't just suspend people willy-nilly. He has to, at some point, go through the process. Yes, the process is a sham. But in this instance, the process has set a pretty clear limit on what can happen in terms of this case.
He could "find Tom annoying" and suspend him for that, but not as an addition to the current case.
Goodell has full authority when it comes to "conduct detrimental". He could suspend TB saying that TB's continual appealing the case is conduct detrimental to the league. He could suspend him for life if he wanted to. Kind of surprised he hasn't considering that this case truly has been detrimental to the league.

Edit: @BaseballJones hits the nail on the head here IMO

I literally cannot imagine how, so long as he "follows procedure" - i.e., issues a penalty, and then when that penalty is appealed, hears the appeal himself and upholds it - there is nothing he cannot do. I mean, why can't he suspend Brady again for "conduct detrimental" simply for taking this legally as far as he can (just claim that Brady fighting this has hurt the league's reputation and cost the league millions and millions of dollars)? Because it's not mentioned in the CBA or the rule book? Neither is anything else Tom Brady has been accused of. You could assign *anything* to "conduct detrimental" and if Goodell applies the penalty, hears the appeal, and upholds it, what can a player do?

This is the problem with the Court's ruling that Goodell is following the procedure.

I know that some lawyer types here may say that this is a ridiculous scenario, but honestly, why couldn't Goodell do this?
 

tims4wins

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When did Goodell lie to a federal judge? Are you talking about in the Ray Rice case, when the federal judge (retired) found Goodell not to be credible when he testified that Ray Rice didn't say that Rice hit his then fiance? Or the lie in the Award that Brady never testified about discussing ball under-inflation with Jastremski?
Well IIRC Clement "lied" in that he stated that Brady did not admit to discussion the deflation situation with JJ
 

cornwalls@6

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Having returned to my senses from my settlement speculation yesterday(sorry, temporary deflate gate derangement syndrome), Brady/NFLPA clearly have to take this to SCOTUS. For all the reasons already mentioned, and to try and de-fang Goodell, at least somewhat, before the next CBA negotiations. The idea of him and the owners using his willingness/ability to grossly abuse his power as a bargaining chip to get things like an 18 game schedule in return, has to be completely unacceptable to the union. I'm selfishly in the camp of hoping Brady doesn't seek the stay, serves the 4 games at the start of 2016 season, and doesn't jeopardize his availability in the playoffs. But however he decides to go about it, no criticism or BS accusations of selfishness from me.
 

Bleedred

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Apparently my fantasy of a Defamation suit against RG and the NFL (simply to get to discovery) is even more unlikely. According to a good lawyer friend who is a litigator and deals with arbitrations: "Anything related to the Arbitration is subject to the Litigation Privilege, i.e., total immunization. However, arguably anything prior thereto would not fall within the ambit of the Litigation Privilege, hence, the ESPN story, the NFL's failure to retract, the Wells Report, etc. would fall outside of the Privilege. Regrettably, a) all Testimony at the Arbitration; & b) Emperor Goodell's Arbitration "Decision" are immunized. Another issue is SOL - IN NY, 1 Year for Defamation; Massachusetts, I believe, 2. Choice-of-law issue compels analysis of whether you apply the law of the State of Publication (NY) vs. State of Situs of Injury (MA)"

Is he basically right?
 

ifmanis5

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Great summary by BJ and all the more reason to appeal it as much as possible in any court that will hear it since this case totally collapses when the actual facts are under scrutiny.
 

edmunddantes

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It wasn't a draconian CBA... the language has been in the CBA for decades and decades.

Goodell and the current owners have decided to push this thing to the limit. As is their prerogative.

What this leads to, as many has alluded to, is that this renders whole swaths of the current CBA worthless if Roger waves the "conduct detrimental" language.

So if you though the last CBA negotiations were a clusterfuck, just wait until the NFLPA argues for clear wording and delineation on every topic under the sun. The NFL has proven they can't be trusted with normal boilerplate "commissioner best interests of the game" type language.
 

ifmanis5

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It wasn't a draconian CBA... the language has been in the CBA for decades and decades.

Goodell and the current owners have decided to push this thing to the limit. As is their prerogative.

What this leads to, as many has alluded to, is that this renders whole swaths of the current CBA worthless if Roger waves the "conduct detrimental" language.

So if you though the last CBA negotiations were a clusterfuck, just wait until the NFLPA argues for clear wording and delineation on every topic under the sun. The NFL has proven they can't be trusted with normal boilerplate "commissioner best interests of the game" type language.
Well said, the league also violated their own agreement several times and moved goalposts to suit them as has been stated before in these threads. Just Jeff Pash's role in this fiasco alone is probably grounds. Whenever I read this () I get angry all over again. Thank God they won that Super Bowl.
 

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Ok I get that RG could suspend Tom for pretty much anything he wants.

But is it correct that he actually cannot, at this stage, increase the penalty for this case?

He can register a separate violation and take it through the process but that would take time.

So if the appeals fail just before playoffs, I don't think he'd be able to suspend TB for these playoffs without a hearing, an appeal, and a subsequent appeal to the courts if necessary.

Separately, since the penalty was explicitly described, RG can't just increase it now.
 

djbayko

Member
SoSH Member
Jul 18, 2005
25,939
Los Angeles, CA
Ok I get that RG could suspend Tom for pretty much anything he wants.

But is it correct that he actually cannot, at this stage, increase the penalty for this case?

He can register a separate violation and take it through the process but that would take time.

So if the appeals fail just before playoffs, I don't think he'd be able to suspend TB for these playoffs without a hearing, an appeal, and a subsequent appeal to the courts if necessary.

Separately, since the penalty was explicitly described, RG can't just increase it now.
He could absolutely try. I mean, that's basically what he did in the Ray Rice case, and that was overturned on appeal due to violation of double jeopardy due process protection.

http://www.npr.org/sections/thetwo-way/2014/11/28/367240936/ray-rice-reportedly-wins-appeal-and-is-reinstated-by-nfl

He's an asshole, but he's not dumb enough to try that here, especially with there being no "new" information and no public momentum behind it.
 

NortheasternPJ

Member
SoSH Member
Nov 16, 2004
19,334
That's exactly right, and it's all the fault of the NFLPA for agreeing to such a draconian CBA.
Heard this earlier today but couldn't be more true or make the point any better.

The MLBPA is willing to sacrifice the World Series, the NFLPA isn't willing to sacrifice the Hall of Fame Game.

The NFLPA is pathetic. From this crap to non guaranteed contracts they're a joke.
 

Papelbon's Poutine

Homeland Security
SoSH Member
Dec 4, 2005
19,615
Portsmouth, NH
Heard this earlier today but couldn't be more true or make the point any better.

The MLBPA is willing to sacrifice the World Series, the NFLPA isn't willing to sacrifice the Hall of Fame Game.

The NFLPA is pathetic. From this crap to non guaranteed contracts they're a joke.
I think it's precisely the non guaranteed contracts that leave them with a weak spine.