Brady Suspension Overturned

Runscott · #1 09-04-2015, 11:02 AM

Quote:

Originally Posted by kcohen

...
The real travesty here is the Goodell kangaroo court and the NFL's overreach. The judge obviously agreed to the extent of overturning a finding originally held within the framework of a CBA, which I understand they are normally very reluctant to do.

Goodell has had his rulings overturned regarding Rice, Peterson and now Brady. I agree with the "overreach" in the first two rulings, but I think it's perfectly within the NFL's rights to make decisions like the one regarding Brady. They might have screwed it up, but I think if you are going to let the courts pop in to overrule things that are related ONLY to the sport that the commissioner is responsible for (which the Rice and Peterson things were not), then you've opened the doors for all sorts of things;i.e-any time ANY fine or punishment is imposed in ANY sport, we're off to court. If a commissioner can't do his job, just get rid of him.

Peter_Spaeth · #2 09-04-2015, 11:15 AM

Quote:

Originally Posted by Runscott

Goodell has had his rulings overturned regarding Rice, Peterson and now Brady. I agree with the "overreach" in the first two rulings, but I think it's perfectly within the NFL's rights to make decisions like the one regarding Brady. They might have screwed it up, but I think if you are going to let the courts pop in to overrule things that are related ONLY to the sport that the commissioner is responsible for (which the Rice and Peterson things were not), then you've opened the doors for all sorts of things;i.e-any time ANY fine or punishment is imposed in ANY sport, we're off to court. If a commissioner can't do his job, just get rid of him.

What you "think" is "perfectly within the NFL's rights" does not reflect the legal standard of review of the Commissioner's decision, as properly articulated by the court.

Under the Federal Arbitration Act ("FAA''), "the validity of an award is subject to attack
only on those grounds listed in [9 U.S.C.] � 10, and the policy of the FAA requires that an award
be enforced unless one of those grounds is affirmatively shown to exist." Wall Street Assocs.
L.P. v. Becker Pari bas Inc., 27 F .3d 845, 849 (2d Cir. 1994). For example, FAA � I 0 provides
that the Court may vacate an arbitral award "where the arbitrators were guilty of ... refusing to
hear evidence pertinent and material to the controversy." 9 U.S.C. � I O(a)(3). The Court may
also vacate an arbitral award "where there was evident partiality ... " 9 U.S.C. � I O(a)(2).
A "principal question for the reviewing court is whether the arbitrator's award draws its
essence from the collective bargaining agreement, since the arbitrator is not free to merely
dispense his own brand of industrial justice." 187 Concourse Assocs. v. Fishman, 399 F.3d 524,
527 (2d Cir. 2005) (quoting Saint Marv Home, Inc. v. Serv. Emps. Int'l Union, Dist. 1199, 116
F.3d 41,44 (2d Cir. 1997)). "[A]s the proctor of the bar gain, the arbitrator's task is to effectuate
the intent of the parties. His source of authority is the collective-bargaining agreement, and he
must interpret and apply that agreement in accordance with the 'industrial common law of the
shop' and the various needs and desires of the parties." United States v. Int'l Bhd. of Teamsters,
954 F.2d 801, 809 (2d Cir. 1992) (quoting Alexander v. Gardner-Denver Co., 94 S. Ct. 1011,
1022 (1974)) (emphasis omitted).
It is the "law of the shop" to provide professional football players with advance notice of
prohibited conduct and potential discipline.

Peter_Spaeth · #3 09-04-2015, 11:22 AM

The essence of the opinion:

The Court is fully aware of the deference afforded to arbitral decisions, but, nevertheless,
concludes that the Award should be vacated. The Award is premised upon several significant
legal deficiencies, including (A) inadequate notice to Brady of both his potential discipline (fourgame
suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to
examine one of two lead investigators, namely NFL Executive Vice President and General
Counsel JeffPash; and (C) denial of equal access to investigative files, including witness
interview notes.

packs · #4 09-04-2015, 11:43 AM

How do you explain the text messages between equipment manages directly referencing Tom's preference for under inflation? Doesn't that show that he directed the equipment managers to inflate balls to his liking, an inflation that is in violation of league rules?

I feel like we're arguing over whether or not OJ was guilty. It's so obvious what happened. The legal opinion is not as relevant as your eyes and ears.

bigfish · #5 09-04-2015, 11:51 AM

Packs,

I suggest you read legal briefs of Marbury vs Madison, the people vs Larry Flint, and the people vs life savers....

Then you might be more qualified to rule on this than Judge Berman / the other 3 lawyers that have weighed in.

Are you a Jets or Giants fan?

All in good fun...it might be time for you to fold.

cheers,

Patriots season ticket holder

Peter_Spaeth · #6 09-04-2015, 12:02 PM

The issue for the court was not whether Brady was guilty or not. It was that the suspension, and the process followed by Goodell, were not consistent with the collective bargaining agreement.

But inevitably, a technical decision like this is going to be completely mischaracterized.

pokerplyr80 · #7 09-04-2015, 12:09 PM

Quote:

Originally Posted by Peter_Spaeth

The issue for the court was not whether Brady was guilty or not. It was that the suspension, and the process followed by Goodell, were not consistent with the collective bargaining agreement.

But inevitably, a technical decision like this is going to be completely mischaracterized.

This was my take as well. The suspension was overturned because the penalty applied for this infraction was unprecedented and there was no real evidence in the first place. The judge may well have believed Brady was involved but the NFL did not provide any proof of his involvement.

kcohen · #8 09-04-2015, 02:46 PM

Quote:

Originally Posted by packs

How do you explain the text messages between equipment manages directly referencing Tom's preference for under inflation? Doesn't that show that he directed the equipment managers to inflate balls to his liking, an inflation that is in violation of league rules?

I feel like we're arguing over whether or not OJ was guilty. It's so obvious what happened. The legal opinion is not as relevant as your eyes and ears.

I don't think that your argument holds any water unless text messages to which you refer showed that Brady directed the equipment guys to inflate or deflate the balls beyond the regulation psi range? It's a far cry from having a preference, which most quarterbacks probably do have, to directing that something irregular be done to the footballs.

yanks12025 · #9 09-04-2015, 02:48 PM

delete

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