Deflategate ---------Round II

[BigKen]

The NFL filed it's Appeal Brief today with Federal Appeals Court. The 59 page brief was also released to the press. Michael McCann, UNH Sports Law Professor reviewed the brief and said that it was basically the same allegations as the NFL used against Brady and the NFLPA originally. There were some new twists such as the likening of Tom Brady to the 1919 Black Sox. You know, the baseball players who took several thousand dollars to throw the World Series. The NFL accuses Brady of deflating the balls, refusing to turn over his cell phone and then they went after Judge Richard Berman accusing him of pretty much not knowing the law.

Over 13 years, 87 cases where Berman has had his decisions appealed to a higher court, only 9 have been overturned.

The NFL is really reaching and three sitting judges will review the briefs. Both sides will have an opportunity to argue their case. It will take at least two judges to decide the appeal. Rarely do appeals courts overturn the initial ruling unless there's been a serious breach of the law, a blatant mistake in interpretation of the law, or just plain ignoring of all legal precedence.

Based on Judge Richard Berman's legal history, there's no way in hell that they overturn him on this one.

I can't wait for Deflategate III......................Brady suing the NFL and 31 Owners for defamation and slander.

 

[CreepCreep2014]

Just in time to piss TB off more....thanks Commish!!!

 

[NWPATSFAN]

I wonder how much this will cost the NFL? I bet this new attorney won't come cheap. All to satisfy Goodell's quest to be all saying. I'd have to imagine owners are keeping him on a short thread. They should make Goofball pay for this case out of his 40 million dollar salary considering it's personal now. Go to hell Goodell, you're ruining football.

 

[BigKen]

Today the 2nd Circuit Appeals Court will hear 15 minutes of oral argument from the NFL and the NFLPA/Tom Brady attorney Jeffrey Kessler.

No media is allowed, no one sitting in the courtroom will be allowed to have a cellphone, recorder or any "media device". No Tablets, IPads, Laptops.

They could have sold tickets for $1000 each and it would be SRO.

 

[SDGuy73]

I wonder how much this will cost the NFL? I bet this new attorney won't come cheap. All to satisfy Goodell's quest to be all saying. I'd have to imagine owners are keeping him on a short thread. They should make Goofball pay for this case out of his 40 million dollar salary considering it's personal now. Go to hell Goodell, you're ruining football.

I read $20M

 

[SDGuy73]

I wonder how much this will cost the NFL? I bet this new attorney won't come cheap. All to satisfy Goodell's quest to be all saying. I'd have to imagine owners are keeping him on a short thread. They should make Goofball pay for this case out of his 40 million dollar salary considering it's personal now. Go to hell Goodell, you're ruining football.

Rovell: Deflategate legal costs could near $20M

 

[PatsFan2003]

From what I'm hearing on the radio, it sounds like Kessler got hammered with two of the 3 judges saying out loud that the evidence against Brady was strong.

Not a good sign.

 

[CreepCreep2014]

Expect this to be over turned. When you have a judge state that the evidence was "overwhelming" that Brady deflated the footballs, there is no hope left. Shocked a Judge as powerful as Chin can be so stupid! They ignored the fact that Wells had all he needed from TB cell phone. These idiots can't put it together. First it was deflated footballs, then it was conduct detrimental to the game, then it was his cell phone....I mean, serious....LOL. Only thing going is the judge asked about the use of stickum and why the penalties did not match up.

NFL owners and NFLPA have themselves to blame, they allowed Roger the power to suspend someone no matter what. If Roger wants you suspended, he can do it without proof. I mean I laugh at the fact that Roger didn't believe Brady, so he is suspended with out proof....

Get ready for Jimmy G!!!!

 

[PatsFan2003]

I'm not too optimistic.

 

[redseat]

I'm not too optimistic either but again....it's common sense... PSI does up and down depending upon the weather.. Not that hard of a concept to grasp.

Now did Brady and company do something? Who knows, probably but this certainly isn't looking for for Brady right now

 

[ohiopatsfan]

I know, as Yogi Berra used to say, it ain't over til the fat lady sings, but it does sound like TB will get the short end of the stick, as two of the three judges appear to have fully bought into the arguments of the high priced NFL "dream team" legal group. Sounds like the NFL in a split decision. I still feel, regardless of the outcome, that Goodell will ensure the first four games of the year for the Patriots are the toughest of the season. Hope Jimmy G is ready. Just wondering, if the NFL loses again at the appellate level, how far will Goodell take it? All the way to the US Supreme Court? With the court down by one, it could end in a 4-4 tie.

 

[DirtDirtDirt]

All reports are Brady will be suspended

Judge Berman should be disbarred for being in Robert Krafts' pocket

 

[PatsFan2003]

I'm not too optimistic either but again....it's common sense... PSI does up and down depending upon the weather.. Not that hard of a concept to grasp.

Now did Brady and company do something? Who knows, probably but this certainly isn't looking for for Brady right now

When a judge says the evidence is overwhelming, it seems suspect to me.. They AREN'T scientists but what can you do?

They were characterizations of Goodell as both judge and jury as well as questions about punishments of stickum in relation to PSI levels but those are not nearly as telling.

I don't what these guys do for three months. Perhaps there is a real discussion between the three and perhaps things could change but, again, I'm not optimistic.

I wouldn't trade Jimmy G just yet.

 

[redseat]

When a judge says the evidence is overwhelming, it seems suspect to me.. They AREN'T scientists but what can you do?

They were characterizations of Goodell as both judge and jury as well as questions about punishments of stickum in relation to PSI levels but those are not nearly as telling.

I don't what these guys do for three months. Perhaps there is a real discussion between the three and perhaps things could change but, again, I'm not optimistic.

I wouldn't trade Jimmy G just yet.

I wasn't for trading him to begin with! I mean who else would they get?

What I don't get is how the NFL won't release their "data" to "prove" the balls were under inflated and then when they supposedly tested them, why aren't those "facts" put put there?

In reality this is going to be dragged through the mud for years imo.... This isn't something that is going to go away, which it should. NFL LOST, move on.

 

[BigKen]

For those of you who don't have a lot of experience beyond traffic court, you must understand something. When a district court judge makes a ruling that a party appeals, the Appeals Court generally hammers the party that won the original case. WHY? Because the appellate judges want to hear all of the reasons the first judge made his decision. Basically they're telling the winners, give us a reason to overturn this case. They know the party that is appealing feels like they got screwed and will do anything to get the case overturned. They want the winner to tell them why they should overturn it.

 

[Yankee Traveler]

For those of you who don't have a lot of experience beyond traffic court, you must understand something. When a district court judge makes a ruling that a party appeals, the Appeals Court generally hammers the party that won the original case. WHY? Because the appellate judges want to hear all of the reasons the first judge made his decision. Basically they're telling the winners, give us a reason to overturn this case. They know the party that is appealing feels like they got screwed and will do anything to get the case overturned. They want the winner to tell them why they should overturn it.

Nicely put BK.

 

[Southieinnc]

For those of you who don't have a lot of experience beyond traffic court, you must understand something. When a district court judge makes a ruling that a party appeals, the Appeals Court generally hammers the party that won the original case. WHY? Because the appellate judges want to hear all of the reasons the first judge made his decision. Basically they're telling the winners, give us a reason to overturn this case. They know the party that is appealing feels like they got screwed and will do anything to get the case overturned. They want the winner to tell them why they should overturn it.

Judges basically are telling the attorneys that they won't do their homework for them - make your case!!!!!

 

[ohiopatsfan]

Just heard today Peyton Manning has retired. Good luck to him and thanks for all the memories. On a more somber note, guess what the chances are that the NFL even begins an investigation into his possible use of HGH? how about slim to none, and slim is in Texas. I can only hope that Goodell will let TB retire with as clean a slate as he is giving Peyton.

 

[PatsFan2003]

I wasn't for trading him to begin with! I mean who else would they get?

What I don't get is how the NFL won't release their "data" to "prove" the balls were under inflated and then when they supposedly tested them, why aren't those "facts" put put there?

In reality this is going to be dragged through the mud for years imo.... This isn't something that is going t
go away, which it should. NFL LOST, move on.

Even if the judgement is overturned Goodell and the NFL have been exposed for yes conducting a witchhunt for the owners. it gets harder and harder to appeal.

 

[cezero]

I can't wait for Deflategate III......................Brady suing the NFL and 31 Owners for defamation and slander.

You'll be waiting a long time for that. No way his handlers are that stupid. lol.

But yeah, the NFL will lose this one, too.