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Tom Brady's suspension re-instated (MERGED)


Matt39

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43 minutes ago, AzogtheDefiler said:

How can an opinion be the plain and simple truth?

The only comparative case where a champion sports franchise got caught cheating and their star player suspended is the Black Sox, and they only got busted once. Two is more than one. Thus, biggest.

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10 minutes ago, CaliforniaJet said:

Why do you guys think they will stop cheating? Next man up, cheat up, the pats way. Brady is nothing but a cheater, but BB is the master fraud. He will find another way to cheat, its what they do. 

 

 

They are still cheating by circumventing the cap.  Which really should be the death penalty for the entire franchise. 

And that's the only thing we know about.  Who knows how many other ways they're cheating. It's institutional at this point and I would put absolutely nothing past them. 

The Cheatriots are the biggest frauds in the history of sports. 

 

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13 minutes ago, Flushing Roots said:

If this was golf no one would ever play with Brady again.

Anything really.  If Brady is playing poker, are you?  If Brady is playing Monopoly, are you?  If Brady is playing hopscotch (his favorite game), are you?

Hell no.  ****er is a cheater and I dont play with cheaters. 

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4 hours ago, Ex-Rex said:

Ultimately it was Brady's own arrogance that got him. If he had been contrite and cooperated with the commissioner from the start it would have been a fine and over with. Brady brought this suspension on himself by thinking he is bigger than the NFL.

Like they say it's not the crime itself that gets you it's the cover up..:ph34r:

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brady and belicheat are going into the HOF, but remember its because the NFL's business model is selling beer and ford commercials.  they won't do anything to bring down ad rates for the networks that pay billions for the product

 

that's why roger destroyed the evidence. 

 

 

 

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1 hour ago, JiF said:

Anything really.  If Brady is playing poker, are you?  If Brady is playing Monopoly, are you?  If Brady is playing hopscotch (his favorite game), are you?

Hell no.  ****er is a cheater and I dont play with cheaters. 

It's also why Bridget Moynahan won't play with him anymore.

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Legal experts: Tom Brady's odds in suspension battle now slim

 
 
 
 
 
1:11
 
2:19
 
 
 
 
Tyrann Mathieu on being drafted a red-flag prospect
 
 
 
29906170001_4862072191001_4862069415001-

Arizona Cardinals safety Tyrann Mathieu discusses the issues he faced being drafted as a red-flag player and the advice he would give to prospects facing that situation in this year's draft.Time_Sports

 127 3LINKEDIN 25COMMENTMORE

Tom Brady isn’t completely out of legal options to fight the four-game suspension that was re-instated Monday by a panel of judges in the U.S. Court of Appeals for the 2nd Circuit, but the New England Patriots quarterback’s odds of having his appeal heard again are slim, legal experts told USA TODAY Sports.

“The takeaway is that Brady lost. Brady lost everything,” Rafi Melkonian, a partner at the Houston firm of Wright & Close said after reviewing the 2nd Circuit ruling.

Melkonian said Brady’s most likely recourse is to ask the court for a stay of the suspension while his legal team pursues an en banc session from the 2nd Circuit. This means Brady would request that 13 active judges in that circuit all review Monday’s ruling, which was issued by a three-judge panel.

“He would need to get a majority of those judges to agree they want to hear this case. That is incredibly rare in every circuit, especially in the 2nd circuit, which is notorious for not taking cases en banc,” Melkonian said. “That, I would say, has a less than 1% chance of it happening.”

Further decreasing the chance that Brady would be successful on an en banc appeal is the fact that federal courts are typically very clear when it comes to arbitration law, said Nellie Drew, a sports law professor at the University of Buffalo.

Drew, who has used Deflategate as a case study for her law students over the past year and a half, said she was very surprised at the ruling last year that overturned Brady’s suspension. Monday’s ruling was the “right result,” she said.

“It was very well written, and in particular, they essentially say, this is not our job to say if this was a perfect decision, this was not our role,” Drew told USA TODAY Sports. “The first part of the ruling reads like textbook arbitration law.”

Drew said Monday’s ruling will likely wind up being final, even if Brady’s camp pursues the additional appeal.

The NFL Players Association is likely to move forward with some sort of appeal, a person with knowledge of the situation told Tom Pelissero of USA TODAY Sports. But union lawyers were still mulling their options as of late Monday afternoon and would only proceed if Brady wants to, said the person, who spoke on condition of anonymity because they weren't authorized to discuss the case.

If Brady does have a chance to have his case reviewed this way, Melkonian said, it is because Chief Judge Robert A. Katzmann issued a dissenting opinion as part of the three-judge panel that re-instated Brady’s suspension. In that dissent, Katzmann was critical of the way NFL Commissioner Roger Goodell asserted his authority.

“Commissioner (Goodell) exceeded that limited authority when he decided instead that Brady could be suspended for four games based on misconduct found for the first time in the Commissioner’s decision,” Katzmann wrote. “This breach of the limits on the Commissioner’s authority is exacerbated by the unprecedented and virtually unexplained nature of the penalty imposed.”

Asking for an en banc review would allow Brady to see if other judges might agree. Melkonian said Brady would likely have to file his request within the next two weeks, at which point the judges will either deny it or ask for a response, which could extend the timeline.

“He’s an incredibly highly respected appellate judge. He’s a very big deal, so if Judge Katzmann wrote a dissent the other judges will look at it. So you can’t say it’s a 0% chance.”

Brady’s other legal avenue would be to appeal the case to the U.S. Supreme Court, though the likelihood that the nation’s highest court would choose to hear it is extremely slim. The court typically hears only about 80 cases per year out of more than 7,000 petitions.

“While this case is very important to Tom Brady, and it’s very important to those of us who love the NFL, it’s not particularly important to the nation whether Tom Brady plays or not, or whether the CBA is interpreted this way or that way,"  Melkonian said. "Usually, the Supreme Court only gets involved when there is a big disagreement between courts of appeals in various parts of the country, and there really is not in this case."

Follow Lindsay H. Jones on Twitter @bylindsayhjones.

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1 hour ago, JiF said:

They are still cheating by circumventing the cap.  Which really should be the death penalty for the entire franchise. 

And that's the only thing we know about.  Who knows how many other ways they're cheating. It's institutional at this point and I would put absolutely nothing past them. 

The Cheatriots are the biggest frauds in the history of sports. 

 

They're cheaters. Cheaters cheat in every way they can think of, and once a cheater, always a cheater. 

Goodall should have locked them down after he heard about spygate. Raided their facilities. Gone through everything with a fine toothed comb. interviewed everyone, and put an end to this BS right from the beginning. Instead he asked cheaters to send him all their cheating tapes like on the honor system. That put them into full cover up mode, and they've been streamlining their cheating ways ever since. 

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11 minutes ago, NYs Stepchild said:

Instead he asked cheaters to send him all their cheating tapes like on the honor system. 

I have been beating this drum to an audience of crickets ever since the tapes were destroyed.  And here it is, in all its glory, from a Jets fan no less.  Bravo!  

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1 hour ago, flgreen said:

Legal experts: Tom Brady's odds in suspension battle now slim

 
 
 
 
 
1:11
 
2:19
 
 
 
 
Tyrann Mathieu on being drafted a red-flag prospect
 
 
 
29906170001_4862072191001_4862069415001-

Arizona Cardinals safety Tyrann Mathieu discusses the issues he faced being drafted as a red-flag player and the advice he would give to prospects facing that situation in this year's draft.Time_Sports

 127 3LINKEDIN 25COMMENTMORE

Tom Brady isn’t completely out of legal options to fight the four-game suspension that was re-instated Monday by a panel of judges in the U.S. Court of Appeals for the 2nd Circuit, but the New England Patriots quarterback’s odds of having his appeal heard again are slim, legal experts told USA TODAY Sports.

“The takeaway is that Brady lost. Brady lost everything,” Rafi Melkonian, a partner at the Houston firm of Wright & Close said after reviewing the 2nd Circuit ruling.

Melkonian said Brady’s most likely recourse is to ask the court for a stay of the suspension while his legal team pursues an en banc session from the 2nd Circuit. This means Brady would request that 13 active judges in that circuit all review Monday’s ruling, which was issued by a three-judge panel.

“He would need to get a majority of those judges to agree they want to hear this case. That is incredibly rare in every circuit, especially in the 2nd circuit, which is notorious for not taking cases en banc,” Melkonian said. “That, I would say, has a less than 1% chance of it happening.”

Further decreasing the chance that Brady would be successful on an en banc appeal is the fact that federal courts are typically very clear when it comes to arbitration law, said Nellie Drew, a sports law professor at the University of Buffalo.

Drew, who has used Deflategate as a case study for her law students over the past year and a half, said she was very surprised at the ruling last year that overturned Brady’s suspension. Monday’s ruling was the “right result,” she said.

“It was very well written, and in particular, they essentially say, this is not our job to say if this was a perfect decision, this was not our role,” Drew told USA TODAY Sports. “The first part of the ruling reads like textbook arbitration law.”

Drew said Monday’s ruling will likely wind up being final, even if Brady’s camp pursues the additional appeal.

The NFL Players Association is likely to move forward with some sort of appeal, a person with knowledge of the situation told Tom Pelissero of USA TODAY Sports. But union lawyers were still mulling their options as of late Monday afternoon and would only proceed if Brady wants to, said the person, who spoke on condition of anonymity because they weren't authorized to discuss the case.

If Brady does have a chance to have his case reviewed this way, Melkonian said, it is because Chief Judge Robert A. Katzmann issued a dissenting opinion as part of the three-judge panel that re-instated Brady’s suspension. In that dissent, Katzmann was critical of the way NFL Commissioner Roger Goodell asserted his authority.

“Commissioner (Goodell) exceeded that limited authority when he decided instead that Brady could be suspended for four games based on misconduct found for the first time in the Commissioner’s decision,” Katzmann wrote. “This breach of the limits on the Commissioner’s authority is exacerbated by the unprecedented and virtually unexplained nature of the penalty imposed.”

Asking for an en banc review would allow Brady to see if other judges might agree. Melkonian said Brady would likely have to file his request within the next two weeks, at which point the judges will either deny it or ask for a response, which could extend the timeline.

“He’s an incredibly highly respected appellate judge. He’s a very big deal, so if Judge Katzmann wrote a dissent the other judges will look at it. So you can’t say it’s a 0% chance.”

Brady’s other legal avenue would be to appeal the case to the U.S. Supreme Court, though the likelihood that the nation’s highest court would choose to hear it is extremely slim. The court typically hears only about 80 cases per year out of more than 7,000 petitions.

“While this case is very important to Tom Brady, and it’s very important to those of us who love the NFL, it’s not particularly important to the nation whether Tom Brady plays or not, or whether the CBA is interpreted this way or that way,"  Melkonian said. "Usually, the Supreme Court only gets involved when there is a big disagreement between courts of appeals in various parts of the country, and there really is not in this case."

Follow Lindsay H. Jones on Twitter @bylindsayhjones.

I was especially happy to see Nellie Drew of UB Law School quoted seems like a bright young woman who knows the law well...

Thank you!!! :) 

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This is assuming he won;t get caught cheating again.  Might want to wait till the ship reaches the shore on that one Tx.

Come on Crush, the are 46 voters for the HOF and you need 80% of the vote to get in on the 1st ballot.

You seriously think 9 voters will not vote for Brady? These guys are professional media personnel who keep things in perspective.

They are not jealous, envious fans of teams who Brady kicked their ass over the last 15 years.

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