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Does anybody here know the actual legal issue(s) in the Tom Brady court case?
Posted on 8/31/15 at 1:52 pm
Posted on 8/31/15 at 1:52 pm
My basic understanding is that there was essentially a labor arbitration award issued regarding Brady's suspension, and Brady and/or the Pats filed a court case to vacate that labor arbitration award.
If that is the situation, then as I understand it, the standard is one of the highest in the law. Basically, if the arbitrator was not "arguably construing" the labor agreement, and/or "dispensing his own brand of industrial justice," then the award will be upheld.
Having said all that, what did Goodell supposedly do wrong? Because it doesn't matter if he was just "incorrect."
Let us discuss.
If that is the situation, then as I understand it, the standard is one of the highest in the law. Basically, if the arbitrator was not "arguably construing" the labor agreement, and/or "dispensing his own brand of industrial justice," then the award will be upheld.
Having said all that, what did Goodell supposedly do wrong? Because it doesn't matter if he was just "incorrect."
Let us discuss.
8
Posted on 8/31/15 at 1:56 pm to baybeefeetz
I want to know if this court has the authority to "stay" his suspension and let him play.
I'd also like a legal opinion on the likelihood of this happening.
Would love to bet gobs of money on NE Pats to cover and then hedge out of it if he's not cleared to play.
I think Brady is going to be a machine this year - his life mission will be to have Goodell handing him the Super Bowl MVP trophy
I'd also like a legal opinion on the likelihood of this happening.
Would love to bet gobs of money on NE Pats to cover and then hedge out of it if he's not cleared to play.
I think Brady is going to be a machine this year - his life mission will be to have Goodell handing him the Super Bowl MVP trophy
This post was edited on 8/31/15 at 1:58 pm
Posted on 8/31/15 at 1:57 pm to baybeefeetz
quote:apparently not the NFL lawyers - it appears this judge is getting ready to bend Goodell over his desk and run a peen exam to his poppy glands.
Does anybody here know the actual legal issue(s) in the Tom Brady court case? by baybeefeetz
Posted on 8/31/15 at 1:59 pm to baybeefeetz
Actually the NFL filed the case asking the judge to affirm his ruling. They filed the case so that it would be heard in New York, instead of the NFLPA filing in Minnesota. The NFLPA filed a countersuit to get the suspension thrown out. The Pats have nothing to do with the case. It is all Brady and the Players' Association.
As far as I understand things, the NFL wants the judge to say "yes, you followed the procedure that is outlined in the CBA." The PA wants the judge to actually rule on the merits of the suspension.
As far as I understand things, the NFL wants the judge to say "yes, you followed the procedure that is outlined in the CBA." The PA wants the judge to actually rule on the merits of the suspension.
Posted on 8/31/15 at 1:59 pm to baybeefeetz
Basically I think it will be upheld.
Brady (through his union) collectively bargained with the league to have Goodell be judge, jury and executioner when it comes to the NFL disciplining players. Therefore, the only question is whether Brady received due process as it concerns his suspension. Again, this is going to be viewed through the parameters of the CBA. There should be no consideration as to whether Brady is guilty or not guilty or whether he slept with Goodell's wife or deflated a football. It will simply be the judge looking at the process Brady received and determining if it was "fundamentally fair." If it was then it will be upheld, if it wasn't it wont.
Brady (through his union) collectively bargained with the league to have Goodell be judge, jury and executioner when it comes to the NFL disciplining players. Therefore, the only question is whether Brady received due process as it concerns his suspension. Again, this is going to be viewed through the parameters of the CBA. There should be no consideration as to whether Brady is guilty or not guilty or whether he slept with Goodell's wife or deflated a football. It will simply be the judge looking at the process Brady received and determining if it was "fundamentally fair." If it was then it will be upheld, if it wasn't it wont.
This post was edited on 8/31/15 at 2:02 pm
Posted on 8/31/15 at 2:04 pm to baybeefeetz
Posted on 8/31/15 at 3:11 pm to baybeefeetz
quote:
Having said all that, what did Goodell supposedly do wrong? Because it doesn't matter if he was just "incorrect."
How did Vilma win?
Posted on 8/31/15 at 6:22 pm to baybeefeetz
Arbitration follows a procedure, which I believe is laid out in the CBA. It takes a lot for a judge to throw out an arbitration decision. Simply getting the wrong answer isn't enough. It's gotta be extreme. It can happen, but if the NFL followed procedure, then the judge should not try to overrule.
If the NFL didn't follow procedure, it gets more interesting.
What's clear is that the players absolutely get screwed in the CBA when it comes to the discipline process. Of course, the NFLPA negotiated the CBA, so the blame is with them. Or maybe the players got other concessions that made it worth it for them.
If the NFL didn't follow procedure, it gets more interesting.
What's clear is that the players absolutely get screwed in the CBA when it comes to the discipline process. Of course, the NFLPA negotiated the CBA, so the blame is with them. Or maybe the players got other concessions that made it worth it for them.
Posted on 8/31/15 at 7:04 pm to baybeefeetz
quote:
Berman’s eventual ruling could uphold the suspension (while potentially allowing Brady to play pending appeal), wipe it out (which the NFL could appeal) or send the whole thing back for another appeal heard by someone other than NFL Commissioner Roger Goodell.
per NBC
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