Brady's case...how long would the injuction take?

[AFJF]

I know we have a lot of lawyers on the board as well as a slew of posters who never went to law school but I had this thought the other day.

 

The length of time it's taken to resolve deflategate has gone far beyond the level of absurd.  There's gotta' be another play here for Goodell. 

 

Any chance he actually wants to punish Brady and waits as long as possible to uphold the suspension so it can be served before Brady's legal team has time to get it halted or could they stop it immediately?

 

Of course the other reason could be that he's going to lift the ban and he'll do it a day or two before the season starts so that the actual football games will distract fans from the absence of accountability.

[faba]

They are probably looking to do a compromise is my guess. No legal action with a reduced sentence- say 2 games

[jgb]

You can get an emergency injunction very quickly especially due to high profile nature of the case--they deny it but judges are politicians with ambition just like the rest of us.

[AFJF]

You can get an emergency injunction very quickly especially due to high profile nature of the case--they deny it but judges are politicians with ambition just like the rest of us.

 

That's what I figured.  Insane how long this is taking.

[jgb]

That's what I figured.  Insane how long this is taking.

 

Agree with faba, they're negotiating a compromise.  This may be a rare case where compromise just isn't possible. If Brady's top concern is his "legacy" and is not willing to accept any punishment to allow Goodell to save face, a deal may never be struck.

 

Maybe we see one of those type of deals where Brady agrees to "accept" 2 games "to remove a distraction," but is still allowed to profess his innocence publicly (i.e. no admission of guilt).

 

Brady has more leverage than most.  Goodell's top priority during his whole tenure is to "protect the shield" and being sued by the face of the league is an embarrassment.  Goodell might have to choose between pride and what's best for the NFL on this one because Brady holds that leverage.

[dbatesman]

I know we have a lot of lawyers on the board as well as a slew of posters who never went to law school

I lol'd

[Bruce Harper]

You can get an emergency injunction very quickly especially due to high profile nature of the case--they deny it but judges are politicians with ambition just like the rest of us.

 

 

Federal Judges are appointed for life.  Very few of them have higher aspirations.  If they would do the "popular" thing in the Boston area it would only be for reasons of personal fandom or to avoid being crushed in the local press.

 

But why would a Judge enter an injunction?  Brady is part of a union.   That union entered in to a collective bargaining agreement that made Goodell Judge and Jury.  Goodell's agent (Wells) issued a report with a conclusion that involved fact-finding.  I don't see a Judge (unless he or she is a bad judge) touching this.

[jgb]

Federal Judges are appointed for life.  Very few of them have higher aspirations.  If they would do the "popular" thing in the Boston area it would only be for reasons of personal fandom or to avoid being crushed in the local press.

 

But why would a Judge enter an injunction?  Brady is part of a union.   That union entered in to a collective bargaining agreement that made Goodell Judge and Jury.  Goodell's agent (Wells) issued a report with a conclusion that involved fact-finding.  I don't see a Judge (unless he or she is a bad judge) touching this.

 

Many have higher aspirations.  I know many Fed judges and worked for one, many want to go up to circuit court and some have egos big enough to want to go "all the way."  Plus, they are humans and enjoy seeing their name in the press and being involved in "important" cases. Sidenote: I had a small case in front of Judge Brody in the EDPA.  Many will know her as the judge in the concussion lawsuit case.

 

There is huge body of precedent for bring union cases--even NFL union cases, recently A-Pete--into court.  The CBA does not strip away the players rights to challenge rulings in court. period.  Whether he is successful is another matter. But he can file it and it will likely be heard very quickly.

[faba]

The union has already said they will challenge in court if the suspension is confirmed on Brady's behalf

[faba]

Everybody is a part time lawyer these days

[jgb]

Everybody is a part time lawyer these days

 

I wish I was only part time

[faba]

I wish I was only part time

Still paying off law school?

[jgb]

Still paying off law school?

 

Only another couple decades to go

[SouthernJet]

Only another couple decades to go

feed me Mushroom Pie (more importantly feed it to Mom )

[Jet Nut]

Agree with faba, they're negotiating a compromise. This may be a rare case where compromise just isn't possible. If Brady's top concern is his "legacy" and is not willing to accept any punishment to allow Goodell to save face, a deal may never be struck.

Maybe we see one of those type of deals where Brady agrees to "accept" 2 games "to remove a distraction," but is still allowed to profess his innocence publicly (i.e. no admission of guilt).

Brady has more leverage than most. Goodell's top priority during his whole tenure is to "protect the shield" and being sued by the face of the league is an embarrassment. Goodell might have to choose between pride and what's best for the NFL on this one because Brady holds that leverage.

Brady's side is saying any suspension will lead to a court fight. Not much negotiating room there, Goodell can't wipe out the 4 games and nothing short will stop a court fight.

I don't see where Brady has any leverage, Goodell has an investigation and the report on his side. Brady has denials. The shield has already been dirtied by Brady's cheating, nothing changes that now. Even the NFLPA isn't fighting that he cheated only that the punishment should put be 4 games.

[jgb]

Brady's side is saying any suspension will lead to a court fight. Not much negotiating room there, Goodell can't wipe out the 4 games and nothing short will stop a court fight.

I don't see where Brady has any leverage, Goodell has an investigation and the report on his side. Brady has denials. The shield has already been dirtied by Brady's cheating, nothing changes that now. Even the NFLPA isn't fighting that he cheated only that the punishment should put be 4 games.

 

He has the leverage because he has no downside at this point to taking the league to court if they don't reach a compromise.  That's a dangerous opponent to negotiate with.

[Jet Nut]

He has the leverage because he has no downside at this point to taking the league to court if they don't reach a compromise.  That's a dangerous opponent to negotiate with.

Could say the same thing about the league. They've already labeled and fined him. What do they have to lose,Mathis isn't their fight at this point. They've also fined the team and it's been accepted. Brady's fighting for his legacy, the league isn't.

[jgb]

Could say the same thing about the league. They've already labeled and fined him. What do they have to lose,Mathis isn't their fight at this point. They've also fined the team and it's been accepted. Brady's fighting for his legacy, the league isn't.

 

What they have to lose is an expensive and embarrassing legal battle, and if they win they get... the same thing they already ruled anyhow.  If Brady loses he is no worse off.  All upside for Brady.  That means Brady has leverage in that lawsuit avoidance is much more important to NFL than to Brady, since only one can improve their position through such a maneuver.  If Goodell is smart (which he is) he will offer a compromise (say 2 games) so then Brady has something to lose.  Then the leverage is shifted back in some degree to the league.

[Jet Nut]

What they have to lose is an expensive and embarrassing legal battle, and if they win they get... the same thing they already ruled anyhow.  If Brady loses he is no worse off.  All upside for Brady.  That means Brady has leverage in that lawsuit avoidance is much more important to NFL than to Brady, since only one can improve their position through such a maneuver.  If Goodell is smart (which he is) he will offer a compromise (say 2 games) so then Brady has something to lose.  Then the leverage is shifted back in some degree to the league.

It just means Brady has nothing to lose, it doesn't mean he has leverage. He has upside. There's no advantage for Brady here. I don't see why the NFL would ever want to avoid the lawsuit. Don't see how a judge would rule that the league isn't allowed to suspend a player for a reasonable amount of time for breaking a league rule. Add in that they can't back down or any suspension or fine would be threatened with a suit to get out of it.

Of course the real kicker in all of this is does Brady actually want to sue. Remember he's said nothing so far, it's the NFLPA threatening to sue. So it's the union vs management unless Brady gets behind it. And there is no way the NFL ever backs down to the union.

[PFSIKH]

Brady's side is saying any suspension will lead to a court fight. Not much negotiating room there, Goodell can't wipe out the 4 games and nothing short will stop a court fight.

I don't see where Brady has any leverage, Goodell has an investigation and the report on his side. Brady has denials. The shield has already been dirtied by Brady's cheating, nothing changes that now. Even the NFLPA isn't fighting that he cheated only that the punishment should put be 4 games.

 

Why?

 

Mike Reiss made the argument that the suspension should be tabled until the science behind it can be confirmed.   And if you think the science is sound, would you place your life on it?  There is not a born and bred Jet fan that would.

 

Keeping it at 4 is the worst possible solution for Goodell.  He would essentially be giving all female fans a big middle finger.  Reduce Greg Hardy's suspension from 10 to 4 and keep Brady's at 4?  So beating a woman is the same as not being able to conclusively say Brady did it. You know what a sh*t storm that would cause.

 

Tabling for further investigation it would be his best move.  Hire some real scientist, not a firm like Exponent that is in trouble in Illinois for not disclosing documents behind their science, to do a real investigation.  If it came back conclusive the Patriots, what a minute he exonerated them, that Brady was guilty you can reinstate the penalty.

 

That is his best decision.  I would say a majority of the public would be surprised Goodell made a rational decision.

 

Now, Goodell has rarely shown rational thought so that is unlikely to happen.

[afosomf]

Why?

 

Mike Reiss made the argument that the suspension should be tabled until the science behind it can be confirmed.   And if you think the science is sound, would you place your life on it?  There is not a born and bred Jet fan that would.

 

Keeping it at 4 is the worst possible solution for Goodell.  He would essentially be giving all female fans a big middle finger.  Reduce Greg Hardy's suspension from 10 to 4 and keep Brady's at 4?  So beating a woman is the same as not being able to conclusively say Brady did it. You know what a sh*t storm that would cause.

 

Tabling for further investigation it would be his best move.  Hire some real scientist, not a firm like Exponent that is in trouble in Illinois for not disclosing documents behind their science, to do a real investigation.  If it came back conclusive the Patriots, what a minute he exonerated them, that Brady was guilty you can reinstate the penalty.

 

That is his best decision.  I would say a majority of the public would be surprised Goodell made a rational decision.

 

Now, Goodell has rarely shown rational thought so that is unlikely to happen.

I would say serial cheating by Brady for last 7 yrs is far worse than anything Hardy did. Hardy's was an off the field issue that was not prosecuted to end

[jgb]

It just means Brady has nothing to lose, it doesn't mean he has leverage. He has upside. There's no advantage for Brady here. I don't see why the NFL would ever want to avoid the lawsuit. Don't see how a judge would rule that the league isn't allowed to suspend a player for a reasonable amount of time for breaking a league rule. Add in that they can't back down or any suspension or fine would be threatened with a suit to get out of it.

Of course the real kicker in all of this is does Brady actually want to sue. Remember he's said nothing so far, it's the NFLPA threatening to sue. So it's the union vs management unless Brady gets behind it. And there is no way the NFL ever backs down to the union.

 

It's cool to disagree. Let's let this one go.

[Jet Nut]

Why?

 

Mike Reiss made the argument that the suspension should be tabled until the science behind it can be confirmed.   And if you think the science is sound, would you place your life on it?  There is not a born and bred Jet fan that would.

 

Keeping it at 4 is the worst possible solution for Goodell.  He would essentially be giving all female fans a big middle finger.  Reduce Greg Hardy's suspension from 10 to 4 and keep Brady's at 4?  So beating a woman is the same as not being able to conclusively say Brady did it. You know what a sh*t storm that would cause.

 

Tabling for further investigation it would be his best move.  Hire some real scientist, not a firm like Exponent that is in trouble in Illinois for not disclosing documents behind their science, to do a real investigation.  If it came back conclusive the Patriots, what a minute he exonerated them, that Brady was guilty you can reinstate the penalty.

 

That is his best decision.  I would say a majority of the public would be surprised Goodell made a rational decision.

 

Now, Goodell has rarely shown rational thought so that is unlikely to happen.

The science is nonsense. He cheated. The penalty wasn't too severe or bas d on old rules.

Funny just came back from Portsmouth, the amount of idiotic excuse making and rational for Brady getting off is comical.

Your team cheats. Your QB cheats. Your team benefited. Take your punishment like men and move on.

[Jet Nut]

It's cool to disagree. Let's let this one go.

It's not a biggie. I get your thought process, not looking at it as it can be a possibility.

[fusionCA]

Why?

 

Mike Reiss made the argument that the suspension should be tabled until the science behind it can be confirmed.   And if you think the science is sound, would you place your life on it?  There is not a born and bred Jet fan that would.

 

Keeping it at 4 is the worst possible solution for Goodell.  He would essentially be giving all female fans a big middle finger.  Reduce Greg Hardy's suspension from 10 to 4 and keep Brady's at 4?  So beating a woman is the same as not being able to conclusively say Brady did it. You know what a sh*t storm that would cause.

 

Tabling for further investigation it would be his best move.  Hire some real scientist, not a firm like Exponent that is in trouble in Illinois for not disclosing documents behind their science, to do a real investigation.  If it came back conclusive the Patriots, what a minute he exonerated them, that Brady was guilty you can reinstate the penalty.

 

That is his best decision.  I would say a majority of the public would be surprised Goodell made a rational decision.

 

Now, Goodell has rarely shown rational thought so that is unlikely to happen.

 

why women would be mad at Goodell and not at the police and court of law and the system who release Hardy?

if the women were so outrage why didn't they  go to demonstrate in front of the court?

did Goodell release him from prison?

 

I am sick of hearing people  blaming all the crimes NFL players do  on Goodell  or the teams, who cares what kind of suspension he gives for criminals , if those people would be in jail like they should have been in the first place then they would not play and no suspension necessary

and if a player been in jail and served his time there should be no suspension , this people pay there debt to society just like any other person who have been to jail and should not be get additional punishment on top of what the court of law sentence them to.

[PFSIKH]

I would say serial cheating by Brady for last 7 yrs is far worse than anything Hardy did. Hardy's was an off the field issue that was not prosecuted to end

 

Wow.  So Greg Hardy throwing his GF onto the floor, into a bathtub, onto a futon, strangling and threatening to kill her is worse? 

 

You are a real humanitarian.

[jgb]

why women would be mad at Goodell and not at the police and court of law and the system who release Hardy?

if the women were so outrage why didn't they  go to demonstrate in front of the court?

did Goodell release him from prison?

 

I am sick of hearing people  blaming all the crimes NFL players do  on Goodell  or the teams, who cares what kind of suspension he gives for criminals , if those people would be in jail like they should have been in the first place then they would not play and no suspension necessary

and if a player been in jail and served his time there should be no suspension , this people pay there debt to society just like any other person who have been to jail and should not be get additional punishment on top of what the court of law sentence them to.

 

 

According to deadspin.com

 

Edit: Data from HBO, deadspin just reported it

[PFSIKH]

The science is nonsense. He cheated. The penalty wasn't too severe or bas d on old rules.

Funny just came back from Portsmouth, the amount of idiotic excuse making and rational for Brady getting off is comical.

Your team cheats. Your QB cheats. Your team benefited. Take your punishment like men and move on.

 

I hear you.

 

I have ATT UVerse and catch COMCAST and NESN shows.  It is ridiculous.

 

I think Brady is complicit to some degree.  I do not think it is the great conspiracy theory you all make it to be.  IMHO he is whiny about ball pressure and probably bitches about it...alot.

 

The penalty was too severe.  Players and/or teams doctoring the ball were not punished as severely.  Was Brady responsible for Spygate?  No.  Punishing the team for something Brady did is a stretch.  Punishing Brady a thousand times worse than anything they did to teams or Favre (withholding phone) is a worse.

[Skeptable]

 

According to deadspin.com

 

Edit: Data from HBO, deadspin just reported it

There are a 100,000 Men in MMA?

[jgb]

There are a 100,000 Men in MMA?

 

[Skeptable]

Haha... I'm so funny!

[Jet Nut]

I hear you.

 

I have ATT UVerse and catch COMCAST and NESN shows.  It is ridiculous.

 

I think Brady is complicit to some degree.  I do not think it is the great conspiracy theory you all make it to be.  IMHO he is whiny about ball pressure and probably bitches about it...alot.

 

The penalty was too severe.  Players and/or teams doctoring the ball were not punished as severely.  Was Brady responsible for Spygate?  No.  Punishing the team for something Brady did is a stretch.  Punishing Brady a thousand times worse than anything they did to teams or Favre (withholding phone) is a worse.

Brady likes his footballs to be below the league guidelines. The balls were deflated to below the league guidelines. The two who were responsible have texts letting all know who is behind it. Even if they were acting on their own there isn't a chance in hell that a QB doesn't immediately know those balls were under inflated.

Common sense says Brady was involved. That he refused to help clear his own name other than to have his brain dead lawyer make embarrassing statements on his behalf.

[afosomf]

Wow.  So Greg Hardy throwing his GF onto the floor, into a bathtub, onto a futon, strangling and threatening to kill her is worse? 

 

You are a real humanitarian.

Brady's is football related, serial cheating is not a good thing mon,  If the state of NC did it's job, Hardy would be in jail and it would not be an NFL problem. Pretty hard to give him a 10 game suspension when he was not prosecuted by the state.

[EM31]

I think the other owners think that the coaching staff was involved.  I think that is what Bob Kraft got told by Roger Goodell in no uncertain terms at the owners meeting.  Brady is simply being asked to take four for the team here.

 

All things considered 4 games for the QB and a #1 pick for the team is an extremely light penalty for a serial offender here.

[Jet Fan RI]

You can get an emergency injunction very quickly especially due to high profile nature of the case--they deny it but judges are politicians with ambition just like the rest of us.

 

What if Goodell decides to rule on the appeal on October 1st?