#DFG: Canceling the Noise

Is there any level of suspension that you would advise Tom to accept?


  • Total voters
    208

DJnVa

Dorito Dawg
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Dec 16, 2010
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After his 5th TD next week, he needs to find a camera, hold up game ball, squeeze it, then give thumbs up.
 

Steve Dillard

wishes drew noticed him instead of sweet & sour
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Oct 7, 2003
5,932
The Court finds that Commissioner Goodell's denial of Brady's motion to compel the testimony of Mr. Pash was fundamentally unfair and in violation of9 U.S.C. § !O(a)(3). Given Mr. Pash's very senior position in the NFL, his role as Executive Vice President and General Counsel, and his designation as co-lead investigator with Ted Wells, it is logical that he would have valuable insight into the course and outcome of the Investigation and into the drafting and content of the Wells Report. It is also problematic to the Court that there was no specification by Goodell as to the ways Pash's testimony would have been "cumulative."
 
 

Buster Olney the Lonely

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Jul 16, 2006
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Feeling dirty listening to ESPN right now. 

Two hosts: "People are saying Goodell's job is in jeopardy. No way. The owners are behind him 100%"

two minutes later Sal Pal comes on...
 
Sal Pal: "As for Goodell's future, I would say stand by... It's a pretty damning report."
 
 

Harry Hooper

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NortheasternPJ said:
https://twitter.com/SI_PeterKing/status/639445949383901184
 
 
So after lingering on the edge for months, Peter King just cannonballed into the pool!
 

AB in DC

OG Football Writing
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Jul 10, 2002
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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 20 Counsel JeffPash; and (C) denial of equal access to investigative files, including witness interview notes.
 
Basically NFLPAs #1 and #3 arguments.
 

AlNipper49

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Apr 3, 2001
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With the stamp apparently being hammered down hard on this "scandal", I just want to take a minute and throw out one last bit of praise to our own Daryl Sng for this article.  Back when he wrote it up, it received a lot of national attention and really was the first (of many) pieces on ITP that pulled in serious outside traffic and attention.  It was a tremendous tipping point for the site.
 
http://insidethepylon.com/football-science/football-statistics/2015/01/27/fumbling-data-truth-patriots-fumble-rate/
 

glennhoffmania

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I'm watching ESPN for the first time in years.  Bob Ley looks like someone inflated him.
 
I was wrong about the case.  Congrats, NE fans.
 

AB in DC

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Jul 10, 2002
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The Court finds that no player alleged or found to have had a general awareness of the inappropriate ball deflation activities of others or who allegedly schemed with others to let 23 air out of footballs in a championship game and also had not cooperated in an ensuing investigation, reasonably could be on notice that their discipline would (or should) be the same as applied to a player who violated the NFL Policy on Anabolic Steroids and Related Substances. Brady had no such notice. "When it is clear that the arbitrator 'must have based his award on some body of thought, or feeling, or policy, or law that is outside the contract[] and not incorporated in it by reference ... the arbitrator has failed to draw the award from the essence of the collective bargaining agreement." In re Marine Pollution Serv .. Inc., 857 F.2d 91, 94 (2d Cir. 1988) (quoting Ethyl Corn. v. United Steelworkers, 768 F.2d 180, 184-85 (7th Cir. 1985), cert. denied I 06 S. Ct. 1184); see also Bounty-Gate, slip op. at 6 ("In other words, rightly or wrongly, a sharp change in sanctions or discipline can often be seen as arbitrary and as an impediment rather than an instrument of change.").
 
Emphasis in original
 

In Vino Vinatieri

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Nov 20, 2009
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https://www.youtube.com/watch?v=k-uNflKNJDY
 
Corsi said:
 
In the ruling, Judge Berman puts "independent" in quotes every time he refers to Wells investigation. Nice.
 
 
This was one of my favorite parts of the proceedings. Is there anything more humiliating than putting on your thousand dollar suit, going down to the courthouse and using your million dollar words, only to have a federal judge airquote parts of your briefing? I'd rather lose 45 to 7
 

Harry Hooper

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As you would expect, Shannon Sharpe just said something like Commish has gained credibility with players because he went after golden boy Brady.
 

Harry Hooper

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Silverdude2167 said:
With him being in the Bronx and that tweet against the NFL. Either he has been kidnapped or someone stole his phone...
 
King thinks Goodell is fatally wounded, but used the Bronx tag in case he's wrong. He'll claim his phone was stolen if Goodell survives.
 

soxhop411

news aggravator
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Dec 4, 2009
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“@BartHubbuch: Never forget: The Patriots accepted the penalties and suspended the two ballboys without pay.”

Is he a GG member?
 

AB in DC

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One weakness here if the NFL decides to appeal:
 


Goodell's reliance on notice of broad CBA "conduct detrimental" policy- as opposed to specific Player Policies regarding equipment violations- to impose discipline upon Brady is legally misplaced. In both the Ray Rice case and the Adrian Peterson case, the players could, perhaps, be said to appreciate that acts of domestic violence might be deemed "conduct detrimental." And yet, in both of these cases, the players were disciplined only after findings were made under the specific domestic violence policy [New NFL Personal Conduct Policy (Aug. 2014)]. See Adrian Peterson, 2015 WL 795253, at *5-6; Ray Rice, slip op. at 16. Rightly so, because an applicable specific provision within the Player Policies is better calculated to provide notice to a player than a general concept such as "conduct detrimental." See In re Lehman Bros. Holdings Inc., 761 F.3d 303,313 (2d Cir. 2014) cert. denied sub nom. Giddens v. Barclays Capital Inc., 135 S. Ct. 2048 (2015) ("To the extent that there appears to be conflict between these provisions, the specific governs the general."); John Hancock Mut. Life Ins. Co. v. Carolina Power & Light Co., 717 F.2d 664, 670 n.8 (2d Cir. 1983) ("Where the parties have particularized the terms of a contract an apparently inconsistent general statement to a different effect must yield.").
 
Berman never really justifies the italicized sentence above.
 

joe dokes

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Jul 18, 2005
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About those draft picks and Kraft's responses...yeah, losing the draft picks sucks and is underserved.....but now Kraft *really* comes out looking like the statesman and Goodell even more like the buffoon.
 

moonshotmanny

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Can't believe I heard it from my trucker husband [who is one the road] first! I have been here refreshing for days, I checked, nothing new, then went to check my accounts online. While doing that my husband called and first thing he said was, "Did you hear the news?" I knew what he was referring to, came back and did refresh, and Yay!!!!! He scooped me! He heard it on FOX news while on the road. 
 
:banana:
 

Shelterdog

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Montana Fan said:
Congratulations!  Glad to hear this.
 
PS - first time I've entered or posted in a DFG thread
Get out while you still can! 
 
Hot legal take: Wells really pissed off Berman. Wells had this whole bit at the hearing about how he wrote the report but Pash had some things to say, and well, since Pash is "Harvard-trained" you've got to listen.  Berman twice referenced this at a hearing, once a little sarcastically and once out-and-out saying that he didn't understand what Wells said about Pash's role, only that there was a non-enlightening remark about Pash being Harvard-trained.  That he repeated the Harvard-trained line about Pash in the decision is just rubbing salt in it--a federal judge in the SDNY doesn't give two fucks about someone who went to Harvard and he probably turns down 200 Harvard law grads a a year for clerkships.
 
EDIT: He also quotes the Wells Harvard-trained lawyer statement.  To me the tone is "come the fuck on Ted we both know you allowed the NFL's GC to edit the ever living shit out of the report and you tailor made it to his directions, don't give me some F. Scott Fitzgerald bullshit about Ivy league men."
 

joe dokes

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Jul 18, 2005
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“@BartHubbuch: Never forget: The Patriots accepted the penalties and suspended the two ballboys without pay.”
 
 
Never forget BartHubbuch used the murder scene of a cop to make some point about football.
 

nattysez

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Sep 30, 2010
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You know when a decision has gone badly for you?  When the judge says "I rule for the defendant.  And here is a page of additional arguments by the defendant I'm not going to bother to address because this decision is already so obviously appeal-proof."
 

AlNipper49

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Dope
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DennyDoyle'sBoil

Found no thrill on Blueberry Hill
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Sep 9, 2008
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Fantastic! Wish he'd ruled on evident partiality, but the reality is that Brady still has all those arguments available to fight off an NFL appeal. Berman called it just like he saw it at oral argument. Right down the line.

Just so fucking nice someone neutral finally looked at this.
 

wade boggs chicken dinner

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Mar 26, 2005
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Steve Dillard said:
 
Goodell throwing Pash under bus
 
 
 
NFL general counsel Jeff Pash advised league it was best to file in NY court for confirmation of Brady suspension. Pash's plan backfires.
 
Pash could still have been right - seems like NFL may have lost in every district in this nation.