Why would two sides in litigation *ever* agree to something like that? It sounds to me like a settlement + a judge's decision. What is the advantage of that?dcmissle said:
#DFG: Canceling the Noise
- Thread starter nattysez
- Start date
I think the NFL would immediately appeal any such decision. Their PR obsession wouldn't permit a situation where Brady appeals and they don't. And if the NFL filed first they'd float it that guilty Brady was ecstatic to get two games and only appealed because the NFL did first. Plus if the likely worst case scenario for the NFL in an appeal becomes two games, why not?
Beyond that, Goodell doesn't settle. He may try to signal that he's happy finding common ground but you can bet that behind the scenes he's doing everything possible to advance his own cause and fuck you over. He's not the kind of guy who is going to take his foot off anyone's throat, (even if he's actually just stomping on his own balls). He's always on the offensive and by now the NFLPA must realize that.
He's the kind of guy that in the wake of such a decision would reach out to Brady and Kraft, tell them it's unfortunate they couldn't find common ground to settle, but hopes they can move forward with the judges decision behind them. Then five minutes before kickoff in week three the NFL would announce they were appealing.
Goodell is nobody's friend. If he were an ice cream flavor, he'd be pralines and dick.
Beyond that, Goodell doesn't settle. He may try to signal that he's happy finding common ground but you can bet that behind the scenes he's doing everything possible to advance his own cause and fuck you over. He's not the kind of guy who is going to take his foot off anyone's throat, (even if he's actually just stomping on his own balls). He's always on the offensive and by now the NFLPA must realize that.
He's the kind of guy that in the wake of such a decision would reach out to Brady and Kraft, tell them it's unfortunate they couldn't find common ground to settle, but hopes they can move forward with the judges decision behind them. Then five minutes before kickoff in week three the NFL would announce they were appealing.
Goodell is nobody's friend. If he were an ice cream flavor, he'd be pralines and dick.
I would listen to someone who clerked for him within the last five years. I'd like to know how risk averse he is recently to reversal -- that can change over time. I'd like to talk to the clerk on the recently issued opinion, referred to here yesterday, that supposedly gives team Brady so much reason for hope. How does that differ from this case? Are those differences likely to be important to the judge? To be sure, this isn't foolproof, but it seems to me that these are useful conversations to have.Shelterdog said:
I have had a couple of such conversations with people who clerked for court of appeals judges I would soon be arguing to. I was very circumspect and elliptical. His was after studying everything written by those judges on the relevant issues. Small sample size, but those conversations proved valuable.
I have also been on the other end of those conversations, offering advice very general -- the judge likes this (he did); don't do that ( cause he didn't like it). I'd like to think that helped.
Dan Graziano @DanGrazianoESPN 2h
The people to whom I'm talking on the union/Brady side do not expect the decision to go their way. That's what I meant.
Link to Tweet
The people to whom I'm talking on the union/Brady side do not expect the decision to go their way. That's what I meant.
Link to Tweet
Perhaps if NFLPA wins, the cover story is "rogue judge" rather than "technicality!!". "Heck even the Brady team thought they were gonna lose !!!!11"
I'm probably naive, but I have no idea who this guy is. Still, he later posted a seemingly informed guess at how this will play out.dirtynine said:
tl;dr: He thinks Berman's efforts to keep himself and the courts out of this means he will only rule on FAA evident partiality and not law of the shop (notice, etc.). Further, the thinks this will force the NFL's hand away from appealing because the entire appeal would be about Goodell's neutrality and would not play well in the public.
Here are a couple interesting parts and a link:
https://spatricktierney.wordpress.com/2015/08/27/the-case-for-a-reasonable-outcome-in-deflategate/
He gets pretty detailed if you click on the "hot take" at the bottom.
espn.com: "For the NFL, this case is not about deflated footballs anymore. It is 100% about the authority of commissioner Roger Goodell to impose and arbitrate discipline," said ESPN's Dan Graziano.
***
Umm, Dan ... it's always been about that. Well, that and the next CBA
***
Umm, Dan ... it's always been about that. Well, that and the next CBA
I assume that Kessler and Co have been telling Brady and the Union from the beginning that this is an uphill battle. I started out seeing this as 75/25 in favor of the league. I'm at about 51/49 in favor of the union now.
So, it's certainly not surprising that Brady's "camp" would not be expecting a win.
So, it's certainly not surprising that Brady's "camp" would not be expecting a win.
E5 Yaz said:
And if he'd done it -by- the book, and not this... well, whatever 'investigation' this is, the authority of Roger Goodell would not even be an issue.
That he botched everything makes this an issue, and it's self-inflicted.
There's a reason it's "union/Brady" side. Way more people who don't know what they're talking about and are all too happy to chat about it, when it's framed that way.amarshal2 said:
dcmissle said:
99% of this process pre-Berman has been preposterous, mostly coming from ESPNFL. This is propaganda, not reporting.
Given he's Bay Area, I was thinking Raiders or 49ers, but can't rule out that he's getting stuff on background from the MLBPA.Myt1 said:
I'm sure that the Brady/union camp (whatever that means) isn't "expecting" anything one way or another.
"Excuse me, Mr. McNair, but did you say.... PETTriots?"soxhop411 said:
D&H playing the audio now, which if I heard them correctly, the Texans are trying to claim ownership of......?
Because you obviously know your shit, I find this to be horrifying. In the end, what Goodell has done is not that far from: 1. pick a player at random, 2. Trump up a ridiculous accusation, 3. Wage an illicit PR campaign against said player (and his team), 4. Make a mockery of said player's right to appeal under the CBA.MarcSullivaFan said:
If this ends with "5. Profit" I will be beyond disgusted.
I don't see what protection any player would have against having Goodell fuck with him and wreck his career on an unproven technicality.
We have basically a coin flip over THAT outcome? If Brady loses here, the NFL is basically the WWE.
TheWizard said:
Why do I imagine Graziano's phone ringing, him looking at the Caller ID seeing "Kensil, Mike" answering it to hear this: "Hey Dan, it's Ke...Kessler, yeah, Kessler...just wanted to say, off the record, that we aren't too optimistic and we think Berman is going to rule for Mr. Goodell. You can repeat that, but it's off the record. Again this is Jeffrey Kessler, K-E-S-S-L-E-R. Not Kensil."?
Like most people said, I can't imagine anyone from the NFLPA or Brady's inner circle calling Graziano.
Potentially but I have received decisions at all hours. The primary reason for a 4/5pm filing is office logistics. Orders are drafted during the day and a clerk or secretary e-files the day's work at the end of the day. If Berman doesn't have much else going on though he could file it at any hour.
Referring to this as GoodellGate instead of DeflateGate my be pointless and petty, but damn it's satisfying.
When a judge writes a decision, does the judge show it to anyone else for vetting/editing, or is it just their words only and that's that?
His clerks. Appellate judges circulate it on the panel. Some district judges will have others in the district review it or will talk it out.ifmanis5 said:
It depends on whether he's a member of a baseball message board. If not, clerks or colleagues only.ifmanis5 said:
Captaincoop said:
Careful, touchy subject. Keeps getting past all the sarcasm and satire sensors.
I've now got "Defamation" playing in my head to the tune of "Cat Scratch Fever".
Thanks Roger Goodell, you've officially finished me off as a somewhat useful member of society.
Thanks Roger Goodell, you've officially finished me off as a somewhat useful member of society.
If Berman does rule for the NFLPA - and especially if it's scathing - I really hope the order drops soon. With the NFL controlling leaks and information flow up to now, Brady deserves maximum news cycle time on this before the long weekend kills anything.
