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Goodell to appeal

tedman2012

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i have yet to read where berman says tom is not guilty ! either way before it is settled tom brady will be retired from the nfl .
 

flyingelvis

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i have yet to read where berman says tom is not guilty ! either way before it is settled tom brady will be retired from the nfl .

Are you not paying attention? Guilt is not at question. Fair process is.
 

Cyder

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:playball:Oh joy, I was worried I wouldn't get a thread or two a day from Rock on the subject
 

tedman2012

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Are you not paying attention? Guilt is not at question. Fair process is.
please don't tell me that pats fans are so happy because tom brady got by with it !!!!!
 

NWPATSFAN

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Are you not paying attention? Guilt is not at question. Fair process is.
Not sure what happens first? The appeal with the 2nd circuit is completed or tedman actually finishing reading 40 pages:noidea:
 

redskinsfan

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pretty sure berman over stepped on that . the thing is the notice thing that may hold up .

I'm not so sure he did. Generally speaking, petitions to vacate an arbitration award are dead bang losers. That's because they attempt to relitigate the substantive merit of the decision handed down by the arbitrator. Courts reject those types of arguments on grounds that resolution of the merits is exactly what you bargained for when picking an arbitrator to decide your dispute.

On the other hand, in the rare cases when awards get overturned, courts do so based on procedural shortcoming in the arbitration process. That's exactly what happened here. Berman held that there was no rule regarding "general awareness" in the CBA, much less one that would result in a four-game suspension. And, of course, Berman assailed the kangaroo-court type procedures imposed by Goodell blocking Brady and the NFLPA from conducting a fair presentation of their case.
 

redskinsfan

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Hardy's case is much different than Brady's. It's much closer to the Ray Rice and Adrian Peterson rulings issued by Goodell that were cited favorably by Judge Berman. I don't know about the specifics of Hardy's discipline, but if they were anything like Rice and Peterson, he'd better not hold his breath.

I do remember now that Hardy's case may have involved an issue of whether the NFL imposed a new set of disciplinary rules on Hardy after he committed his acts of domestic violence. In particular, at the time he beat up his wife -- which is basically undisputed -- the CBA only prescribed a two-game suspension for that offense. After that occurred, the NFL came up with new rules governing suspension for domestic violence that it then meted out to Hardy.

If that's true, I'd not only appeal if I were Hardy but I'd seek an injunction in the process. Of course, I really hope Hardy loses given what he did. While the process Goodell used to issue 10-game suspension to Hardy was flawed, that's hardly enough based on what he did.
 
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redskinsfan

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i have yet to read where berman says tom is not guilty ! either way before it is settled tom brady will be retired from the nfl .

Guilty of what? Being "generally aware" that balls were deflated? Conduct detrimental to the League? While Berman didn't "acquit" Brady, he came as close as you could without saying so.
 

Caliskinsfan

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Can we all at least agree that the disciplinary process needs to be overhauled?
 

redskinsfan

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Can we all at least agree that the disciplinary process needs to be overhauled?

Yes it certainly does. The first thing that needs to happen is that the NFL and NLFPA need to amend the CBA to provide a neutral arbitrator for any disputes arising under it. How the NFLPA allowed for Goodell to have final say like that is mind boggling. Never, ever seen anything like it.
 

tedman2012

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Yes it certainly does. The first thing that needs to happen is that the NFL and NLFPA need to amend the CBA to provide a neutral arbitrator for any disputes arising under it. How the NFLPA allowed for Goodell to have final say like that is mind boggling. Never, ever seen anything like it.
kraft is the main man that got this cba done . kraft is the man to get rg to power .
 

redskinsfan

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kraft is the main man that got this cba done . kraft is the man to get rg to power .

He might've been, but the NLFPA should've never agreed to that. What self-respecting union would allow an employer to adjust grievances and disputes it would raise alleging violations of the CBA?
 

tedman2012

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He might've been, but the NLFPA should've never agreed to that. What self-respecting union would allow an employer to adjust grievances and disputes it would raise alleging violations of the CBA?
the nflpa then bitch about it . lmao
 
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