Is Berman's possible reluctance to rule based on "hard case / bad law" and/or the lack of clarity in impartiality or who the aggrieved party is at all tied into the NFL's antitrust exemption?
Seems like the only thing missing is that the fallen dude on the street should be TB12.Buster Olney the Lonely said:The Goodfellas talk got my creative juices flowing. In light of the fact that we're coming up on the 25th anniversary of its release.
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Manning and Dungy are gone from Indianapolis, but the team reportedly still shares the same concerns about what might be joining them in the locker room. Bob Kravitz of WTHR reports that the Colts still sweep the visiting locker room for bugs whenever they play at Gillette Stadium.
This, and people here also need to crank down the extent to which SDNY/2D Circuit judges are, or should be, intimidated by the big, bad NFL.dcmissle said:By my count, there are 23 judges on the Second Circuit bench. Their proclivities and philosophies are all over the lot. Beyond a healthy respect for hard working district court judges, and a refusal to get star struck by any party or lawyer before them, you can't assume anything.
This case would go into the hopper with all the rest of them. Beyond being reasonably attentive to matters genuinely calling for expedited resolution, nobody is getting any special treatment.
This often is a revelation to billionaires and large business entities. It is amusing to be in the room when scales drop from their eyes.
soxhop411 said:ProFootballTalk @ProFootballTalk 32m32 minutes ago
Report: Colts sweep for bugs in locker room when playing at Gillette Stadium http://wp.me/p14QSB-9PzV
How does a "scathing decision" materially help Brady and the PA? I can see how it is a PR victory over Goodell and the owners. Beyond that, though what has the PA won?singaporesoxfan said:If the judge upholds the suspension but with a scathing decision that essentially reads "Brady was railroaded, in ways X, Y, Z, but unfortunately my hands are tied" that's hardly a nightmare scenario.
Further evidence that NFL players, coaches, and management take themselves far too seriously. "This is VALUABLE INFORMATION we're talking about in here! They're OBVIOUSLY going to WANT to listen in! SWEEP THE ROOM FOR BUGS!!!"soxhop411 said:ProFootballTalk @ProFootballTalk 32m32 minutes ago
Report: Colts sweep for bugs in locker room when playing at Gillette Stadium http://wp.me/p14QSB-9PzV
soxhop411 said:ProFootballTalk @ProFootballTalk 32m32 minutes ago
Report: Colts sweep for bugs in locker room when playing at Gillette Stadium http://wp.me/p14QSB-9PzV
JayMags71 said:How does a "scathing decision" materially help Brady and the PA? I can see how it is a PR victory over Goodell and the owners. Beyond that, though what has the PA won?
tims4wins said:
In their heads so, so bad
That's a new story, I believe. They STILL DO.glennhoffmania said:
This was already posted 5 pages ago, and still isn't relevant to Brady's suspension.
That's a reasonable answer. I just wanted to make sure I wasn't missing another tangible benefit.singaporesoxfan said:It's not a great outcome. But given how important reputation seems to be as a motivator for Brady in this case, a PR victory is not trivial. To me, the "nightmare scenario" (which is what I was responding to) is losing both the legal and the PR battle.
It would appear that they are channeling Kravitz, again, for a riff on yesterday's story.Mugsy's Walk-Off Bunt said:That's a new story, I believe. They STILL DO.
Tony C said:Well, bugs would explain why the Pats were able to surprise Indy by running the ball down their fucking throat every game/every quarter/virtually every series. That's some top secret shit there -- hand ball to Grey/Blount and.....repeat.
"What are we doing to fix the run defense, coach?"Tony C said:Well, bugs would explain why the Pats were able to surprise Indy by running the ball down their fucking throat every game/every quarter/virtually every series. That's some top secret shit there -- hand ball to Grey/Blount and.....repeat.
Report: Despite the fact that Colts continue to sweep for bugs in locker room at Gillette Stadium, they STILL HAVEN'T FOUND ANY.soxhop411 said:ProFootballTalk @ProFootballTalk 32m32 minutes ago
Report: Colts sweep for bugs in locker room when playing at Gillette Stadium http://wp.me/p14QSB-9PzV
When the Colts listened to the bugs they planted in the Pats locker room they couldn't hear anything over the piped in crowd noise.FL4WL3SS said:When you're paranoid that your partner is doing something unsavory, it's probably because you are doing it.
I bet the Colts are doing exactly what they're accusing the Patriots of doing.
Not unlike how so many liars find it so easy to assume that Brady's a liar.When you're paranoid that your partner is doing something unsavory, it's probably because you are doing it.
I bet the Colts are doing exactly what they're accusing the Patriots of doing.
loshjott said:When the Colts listened to the bugs they planted in the Pats locker room they couldn't hear anything over the piped in crowd noise.
soxhop411 said:ProFootballTalk @ProFootballTalk 32m32 minutes ago
Report: Colts sweep for bugs in locker room when playing at Gillette Stadium http://wp.me/p14QSB-9PzV
Super Nomario said:"What are we doing to fix the run defense, coach?"
"That's just what they expect us to do! We're going to surprise them by not fixing the run D at all!" :: cackles evilly :: "They'll never see it coming!"
cut to halftime
"HOW DID COULD THEY KNOW OUR PLANS ... unless ... CHECK THAT PLANT FOR BUGS!!!!"
Gash Prex said:At some point the representation of the NFL has to be questioned as they appear to be receiving bad legal advice about the CBA and how it will play out in Court. They are 0-4 on these discipline issues - that almost falls squarely on legal counsel. We all know that Goodell didn't write that discipline opinion and was written by his lawyers with some input.
His lawyers orchestrated this entire investigation from beginning to end and they screwed it up despite having total control.
Kessler is obviously a brilliant lawyer. But Daniel Nash is probably among the ten best L&E attorneys in the country. Good facts or law and a seemingly sympathetic judge can make even mediocre lawyers look like geniuses.
Without knowing what advice was being given, it's hard to draw that -- or any -- conclusion as to the quality of legal advice. Or, for that matter, the content of the legal advice. The bolded, as a general proposition, is just flat wrong.At some point the representation of the NFL has to be questioned as they appear to be receiving bad legal advice about the CBA and how it will play out in Court. They are 0-4 on these discipline issues - that almost falls squarely on legal counsel. We all know that Goodell didn't write that discipline opinion and was written by his lawyers with some input.
His lawyers orchestrated this entire investigation from beginning to end and they screwed it up despite having total control.
Mike Reiss![]()
@MikeReiss
Photo: Front page of @NOLAnews. Notable anniversary. Reminder of days when NFL commissioner played role of uniter.
Berman looks bad!First, he actually decided to take the case on. That's rare enough when dueling parties have previously contractually agreed to allow disputes to be handled by arbitration. But rather than punting the case immediately, as I and other legal analysts figured would happen, Berman has tolerated multiple briefings and hearings, with more to come.
Convincing evidence!Simply put, he's trying everything he can to get this thing resolved out of court and is not afraid to look bad -- or sometimes even one-sided -- by doing so.
In this case, recognizing that the NFL has convincing evidence and significant legal precedents on its side, Berman knows the only way he can produce a settlement is to show the league that there is a possibility it could lose a case that it should win. That is why he devoted most of a hearing Wednesday to picking apart the Goodell opinion and the league's legal position.
Berman cannot vacate under American law!The strength of the NFL position in the litigation is indisputable. It is based on powerful legal precedents that severely limit a federal judge's review of an arbitration decision and on the convincing evidence gathered for the Wells report and described in surprisingly powerful terms in Goodell's decision.
And more!It means a do-over, and a do-over is exactly what Berman is not permitted to do under American law.
nighthob said:
Are the Colts actually aware that bugs are electronic listening devices and not trained insects?
gammoseditor said:That Lester Munson article looks like it was written by Daniel Nash and proof read by Jeffrey Pash.
Harry Hooper said:
"nd on the convincing evidence gathered for the Wells report and described in surprisingly powerful terms in Goodell's decision."
Wow. Just wow.
Harry Hooper said:
"nd on the convincing evidence gathered for the Wells report and described in surprisingly powerful terms in Goodell's decision."
Wow. Just wow.
Joe D Reid said:Going 0-4 with reputable counsel does not mean that you are getting bad trial representation. It means that you are not following the advice of your pre-trial representation.
and we would surely know if they'd found anything. ..paranoia which is the result of their ineffectiveness against New Englandtims4wins said:
In their heads so, so bad
drleather2001 said:
Exactly.
If it was the lawyers saying "Do X" and they turned out to be wrong not once, not twice, but three times, then the NFL would have shit-canned them for one of the other dozen top-flight firms in NYC.
It's clear that the NFL is saying "Damn the torpedoes!" at every juncture, regardless of whatever they may or may not be told by their lawyers. In fact, those same lawyers almost certainly have a lot of "What is our client thinking?" closed-door discussions over a bourbon at 9:00 PM.