New England Patriots thread (MOD WARNING - #4503)

Adamcp898 wrote: »

I don't ever see it getting this far but yeah I was thinking about this today actually, as in how does an actual court of law see all of this.

I mean, Brady was handed disciplinary action which he had the option of appealing. He chose to do so.
The last CBA re-negotiated how player appeals are handled and so despite Goodell clearly having a vested interest in this the NFL can still call the appeal "independent" whilst ruling on it themselves, and not breach any agreement with the players.
Brady being covered by the CBA means he technically agreed to these terms and so he can't call it unfair just because he didn't like the outcome.

Football is important to a lot of people but will a judge want the hassle of something which in the scope of wider society means next to nothing? and, further to this, surely courts are going to want to encourage the use of appeal panels, CBA's, and the like so that they don't have to waste time on inconsequential grievances like this and just rule in favour of the NFL anyway.

I could well have some of the specifics wrong because I don't have the time or the will to look it up as I just think the whole talk of taking it to court is a mixture of posturing and media hype and has nothing to it anyway.

If this goes to court it's hard to know how it pans put. The CBA is an issue alright and Brady is obligated by it. However, I think every time a player Vs NFL has gone to court in recent years, the court has largely sided with the players.

Eagle also mentioned the money issue and I think Brady could make a case for an employer imposing a very excessive penalty. His legal team could also argue, that this has led to an employee suffering a loss of earnings & damage to his reputation beyond the penalty imposed.

We also have Brady's record. His disciplinary record has been impeccable throughout his career. Indeed, he's been an NFL poster boy for most of it. Then he gets raped by the league for something that nobody can prove. And nobody even knows what that something is.

We then have an issue of precedents in two respects. Firstly, the NFL rule book mentions a fine of $25,000 for tampering with a balls psi levels. So Brady's penalty was completely ridiculous in light of this.

The next precedent is the issue of handing over a phone. Brett Farve never handed over his phone to the NFL, as was his right. Yet he only received a fine of $50,000 dollars. Gostkowski also refused to hand his phone over and he received no sanction whatsoever. Brady has the resources to have the best fighting his case and it would be very intriguing to see how they attack the league in court.

One aspect from the clown Wells report, alone was the behaviour of the league. The blatant leaks and the misinformation they put out where not even addressed by Wells. Of course as someone who help reduced the leagues liability to head injuries, he was never an impartial investigator anyway. And I'm still stumped as to why Kraft even agreed to his involvement. In court, Brady's team could expose this lack of investigation of the leagues front office & their leaks. Leaks that could be viewed as deliberately damaging to Brady.

One thing that I think is pretty certain, the next CBA negotiations due in 2021 could be pretty nasty. The NFLPA will no doubt want the commissioner replaced and his disciplinary powers reduced by independent arbitration. Invariably, the owners and the league will not want this and I think we could be facing a lockout season in the 2021.

Hazys wrote: »

Try harder JJ Watt

https://twitter.com/JJWatt/status/615550499018928128

That is so cringe worthy I can barely watch it.

The way he stands over him, puts on his sunglasses, then poses and stares out over the crowd.........

Dare I say set up?

Adamcp898 wrote: »

Well you've clearly given it more thought than me!

I wonder though if the outcome of this appeal was to remove any monetary punishment but still leave the game suspension, or at least some of it, in place would the courts be as interested?

I mean once the argument of someone being allowed to take an excessive amount of money from another didn't exist would the court be bothered with having to decide on how many matches a football player should miss? especially since it had already went through an appeals process.

Given how judges are appointed in the states and the advantage it is for them to keep their name in circulation, then I guess they won't have any bother finding one to hear such a high profile case but I think in Europe they wouldn't even consider bringing this to a court other than CAS and there'd even be a chance they wouldn't take it.

Even if there was no financial penalty imposed, I think Brady's team can still argue what has been the financial loss to Brady's brand and commercial interests by a league that has proven nothing? That's what makes Brady's case particular interesting, there isn't a shred of hard evidence against him.

Brady's team will also undo the myth that Goodell was somehow independent when hearing Brady's appeal. Of course judge mightn't want to involved himself in the internal wranglings of the NFL, no matter how unjust or unfair they have treated Brady.

But Brady's has some of the top legal brains on his side. I read somewhere that the US constitution could be invoked RE: a breach of Brady's constitutional rights. And if Brady's team have that as a line of attack involving the constitution. Then no Judge in the land can brush the case aside as an internal sporting body matter. Because in the US, the individuals constitutional rights are sacrosanct.

Interestingly, I came across this nugget earlier. Apparently the corrupt clowns who produced the science in the Wells report - Exponent. Were once again exposed for what they really are. A company that produces scientifically questionable made-to-order reports for their clients.

On May 11, this Court granted Plaintiffs’ Motion to Compel Production of Documents contained on Exponent, Inc.’s Privilege Log … within seven (7) days of the Court’s Order. Exponent has failed to comply with this Order and had indicated that it will continue to disregard this Court’s May 11 order.”
“[T]he Court cannot allow Exponent to stand in violation of a valid Court Order compelling the production of documents.”
“Methodologically sound science has nothing to fear from full and open disclosure.”
“[T]he Court finds that Exponent’s refusal to comply with its May 11, 2015 Order is unreasonable and evidence of deliberate disregard for the court’s authority.”

http://thornography.weei.com/sports/boston/2015/06/29/wells-report-science-firm-exponent-gets-whacked-by-court-order/?utm_source=dlvr.it&utm_medium=twitter

So in many ways I'm hoping Goodell doesn't exonerate Brady. Because if it does go to trial and a Judge wants to get to the bottom of it all. Then I believe the NFL and Goodell are in for a serious legal beating. Of course a judge could rule it's an internal labour relations matter and let the NFL off the hook, that's always a risk. But I'm guessing Brady's legal eagles are smart enough to get Brady his day in court.