LOL, my brother in law just told me he stopped mid meeting to announce the news.TheStoryofYourRedRightAnkle said:Best ending to a meeting I've been in ever.
"Alright, we'll meet about this next week."
*Someone checks their phone*
"Brady's suspension vacated."
Room erupts in high fives.
HowBoutDemSox said:
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."
NortheasternPJ said:https://twitter.com/SI_PeterKing/status/639445949383901184
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.
With him being in the Bronx and that tweet against the NFL. Either he has been kidnapped or someone stole his phone...Corsi said:
Bronx? He must be lost.
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.").
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 7Corsi said:
In the ruling, Judge Berman puts "independent" in quotes every time he refers to Wells investigation. Nice.
SemperFidelisSox said:There will be no settlement talks between me and my boner.
Mike Reiss@MikeReiss
NFL general counsel Jeff Pash advised league it was best to file in NY court for confirmation of Brady suspension. Pash's plan backfires.
Silverdude2167 said:With him being in the Bronx and that tweet against the NFL. Either he has been kidnapped or someone stole his phone...
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.").
Get out while you still can!Montana Fan said:Congratulations! Glad to hear this.
PS - first time I've entered or posted in a DFG thread
Well this whole thing was an abortion from day one.SemperFidelisSox said:Coassack is acting like Roe v. Wade was just overturned.
“@BartHubbuch: Never forget: The Patriots accepted the penalties and suspended the two ballboys without pay.”
Buster Olney the Lonely said: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."
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.