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    Tiger Woods arrested for DUI

    "Unexpected reaction" to a medication is pure lawyer phrasing to deal with a driving-while-impaired charge.
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    Sons, Sam, and Horn, L.L.P.: Brady Case LEGAL ISSUES Only

    Sentence first, verdict afterward, said the Queen.
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    Sons, Sam, and Horn, L.L.P.: Brady Case LEGAL ISSUES Only

    Re the "improper delegation" issue: I had thought that admissions made by Goodell - the- arbitrator in denying motions for discovery (his and Vincent ' s testimony) that he had not delegated but indeed had participated in the first action, collapsed the delegation question into the issue of him...
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    Sons, Sam, and Horn, L.L.P.: Brady Case LEGAL ISSUES Only

    WBV, I respect your posts and breadth of legal perspective, but I think your argument here is backward. Doesn't Kessler in this summing up say just the opposite? It is about Goodell reviewing his own conduct, and he doesn't mention delegation at all.
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    Sons, Sam, and Horn, L.L.P.: Brady Case LEGAL ISSUES Only

    "The Union may have agreed to Mr. Goodell serving as arbitrator under Article 46, but it did not agree he could abdicate his responsibility as an arbitrator under the LMRA and FAA and conduct fundamentally unfair proceedings in which he cast aside undisputed CBA requirements, adjudicated his own...
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    Sons, Sam, and Horn, L.L.P.: Brady Case LEGAL ISSUES Only

    Yes, but no arguendo about the PA accepting Commissioner as hearing officer: the letter reply filed most recently expressly accepts it - but not the "extreme" ways he has misused that role.
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    Sons, Sam, and Horn, L.L.P.: Brady Case LEGAL ISSUES Only

    Interesting discussion re bargaining, but perhaps unnecessarily complex. Even if you accept Goodell as a "hearing officer" with some built-in risk of partiality in certain matters, there are several ways Goodell presided here that support a finding of evident partiality. In order of strength of...
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    Sons, Sam, and Horn, L.L.P.: Brady Case LEGAL ISSUES Only

    I think "Mara as possible mediator" is a garbled version of what likely has happened: see certain posts in the main thread today. Mara was wanted as the unconflicted, true decision maker as chair of the NFL Management Council, the party adversary to the NFLPA at Goodell's appellate hearing...
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    #DFG: Canceling the Noise

    Yes. In any mediation, a judge wants the actual decision-makers present to deal. The hearing before Goodell pitted the Management Council as the party adversary to the NFLPA. Mara is the Council's chair. Berman seems to have smoked out (by RG's or NFL counsel'admission, or by his own...
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    #DFG: Canceling the Noise

    A waiver has to be "knowing and intelligent." If based on one set of facts (independent investigation) and the true state of facts (nonindepedence) is concealed, there is a good argument it is not a valid waiver.
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    #DFG: Canceling the Noise

    The logical parameters of the discovery permitted would be of facts relevant to the bias/prejudice of the "arbitrator " and of the "independent" investigation, thus communications among Goodell, his subordinates, Wells and his subordinates and Exponent/Marlow.
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    Sons, Sam, and Horn, L.L.P.: Brady Case LEGAL ISSUES Only

    See a couple of earlier posts regarding the individual employee's right to a Duty of Fair Representation by the union. If an employer (here, NFL) conspires with the union to disadvantage an individual, he could sue both union and employer. Whether this doctrine extends to a union bargaining...
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    Sons, Sam, and Horn, L.L.P.: Brady Case LEGAL ISSUES Only

    I have not researched this precise point, but in general would suggest that both parties to a CBA agreeing to a biased arbitrator raises Duty of Fair Representation (DFR) issues. NFLPA did not agree to a biased arbitrator in this "arbitration" case, as it objected before the hearing to Goodell...
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    Sons, Sam, and Horn, L.L.P.: Brady Case LEGAL ISSUES Only

    BroodsSexton asked: "Can the PA settle this without Brady's consent?" The answer is yes, the arbitration per the CBA is between the NFL and the PA. Brady is not a party. As others have said, as a practical matter, it is difficult to imagine the PA trying to settle over the objection of such...
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    #DFG: Canceling the Noise

    Maybe the Sunday a.m. media criticism shows on CNN and Fox News may explore it. Fox News has basically been pro Brady/Patriots in its coverage for the past week.
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    Sons, Sam, and Horn, L.L.P.: Brady Case LEGAL ISSUES Only

    Depends what the issue is. All the talk about the law of "the shop," for example is pure labor law, and thus all the emphasis in PA filings (and Roger's 20-pager) about previous precedents, tortured though some of the logic may be. On the other hand, in labor cases federal judges may extend...