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No settlement between Brady and NFL


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Good hope the zebras call every holding penalty, and no flags for late hits on Mr Terrific..

I think average Joe Americans are about to learn how dumb most judges really are.  This is a civil district court judge afraid to make a ruling so he'll let an obvious cheater skate.

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Have always operated under the assumption that Brady will be playing week 1.  He'll play, they'll start out 6-2 or something, he'll take a four week vaca in the middle of the season to rest up and come back rested and, dare I say, on a mission and go on to win the division for the 15th time out of 16 years or whatever the hell it is.

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The judge already tipped his hand by openly talking about how much of an advantage could it be if they put up 28 points or whatever in 2nd half.

I still don't get that this is being handled by a judge.  Nice precedent, now every single suspension can be sent to a judge, right?

I also don't understand that if this is being adjudicated by a judge that the NFL has not or could not ask the ball guys to testify and have brady and the boys put under oath.

 

 

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The judge suggesting that they settle is the judge telling Brady to admit some guilt---something Brady does not want to do.  So for the judge to now say the suspension was bogus would contradict himself.  It is all about whether the judge feels he should be determining athletic league suspensions.  Which he may have to do from now on if he sets this precedent.

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The judge suggesting that they settle is the judge telling Brady to admit some guilt---something Brady does not want to do.  So for the judge to now say the suspension was bogus would contradict himself.  It is all about whether the judge feels he should be determining athletic league suspensions.  Which he may have to do from now on if he sets this precedent.

Dude most Civil Court Judges want as much of their docket as possible to be settled because they hate making rulings due to fear of being overturned on appeal.  The evidence against Brady is circumstantial so the Judge is probably worried he's going to be overturned on appeal so he'll let the little weasel off.

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The judge already tipped his hand by openly talking about how much of an advantage could it be if they put up 28 points or whatever in 2nd half.

I still don't get that this is being handled by a judge.  Nice precedent, now every single suspension can be sent to a judge, right?

I also don't understand that if this is being adjudicated by a judge that the NFL has not or could not ask the ball guys to testify and have brady and the boys put under oath.

 

 

He was trying to get the parties to settle so he was trying to convince the NFL that they potentially had a lot to lose by not settling.  I wouldn't read too much into the comments that he made at the settlement hearing.

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Dude most Civil Court Judges want as much of their docket as possible to be settled because they hate making rulings due to fear of being overturned on appeal.  The evidence against Brady is circumstantial so the Judge is probably worried he's going to be overturned on appeal so he'll let the little weasel off.

If he really was afraid of getting flipped the easiest thing for him to do would be to affirm the suspension.  Arbitration rulings are usually only reversed in the most unusual circumstances.

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If he really was afraid of getting flipped the easiest thing for him to do would be to affirm the suspension.  Arbitration rulings are usually only reversed in the most unusual circumstances.

Because the Unions normally don't want to spend the money appealing.  Kraft and Brady don't care and they have financial motive to appeal.

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Brady is not going to win this case.  In the unlikely event that Berman rules in his favor, the 2nd Circuit will tip him on appeal.  As Senator Trent would say, you can take that to the bank.      

That said, not sure I'm getting the angst.   The drop-off between Brady and Jimmy G is not likely to translate to much difference in the W/L column for just the first 4 games.  The Patriots aren't getting back their future #1 and #4.  And nobody's mind is going to be changed about Brady (for good or for bad) regardless of what Berman's decision says.   

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There has been a lot of talk up here about it, and several radio stations have hosted labor lawyers to discuss the case.  A couple of points (from them)

1. The case isn't about guilt or innocence of Brady, so if the NFL wins or Brady wins has little to do with Guilt/Non-guilt.  That is one of the reasons other's haven't testified

2. Many concluded that the Judge thinks the NFL couldn't have handled this any worse if they tried, but the issue at hand is whether or not the NFL followed the CBA and Labor law, not whether Goodell is a dumb .... or whether Brady is guilty.  They also said that he didn't want to rule, because he is likely on Brady's side as far as a crap investigation, but the CBA and labor law is clear and that the NFL didn't violate either.  So, his choice is to free Brady and have the NFL appeal (and win) or side with the NFL; Both suck for a judge - hence his push for a settlement.

Take it for what it is, but this is what some of I have heard.

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This is good news because the NFL is not backing down from their ruling and subsequent punishment, which is Brady's only realistic chance of getting a reduced suspension.  I would be absolutely shocked if a federal judge overturns the punishment handed down by a private entity such as the NFL which was made in accordance with a legally binding CBA.

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There has been a lot of talk up here about it, and several radio stations have hosted labor lawyers to discuss the case.  A couple of points (from them)

1. The case isn't about guilt or innocence of Brady, so if the NFL wins or Brady wins has little to do with Guilt/Non-guilt.  That is one of the reasons other's haven't testified

2. Many concluded that the Judge thinks the NFL couldn't have handled this any worse if they tried, but the issue at hand is whether or not the NFL followed the CBA and Labor law, not whether Goodell is a dumb .... or whether Brady is guilty.  They also said that he didn't want to rule, because he is likely on Brady's side as far as a crap investigation, but the CBA and labor law is clear and that the NFL didn't violate either.  So, his choice is to free Brady and have the NFL appeal (and win) or side with the NFL; Both suck for a judge - hence his push for a settlement.

Take it for what it is, but this is what some of I have heard.

I have been saying basically this for some time.  A lot of people have been distracted by all the harsh questioning that the Judge gave the NFL's lawyer, forgetting that it was a settlement conference.  If you are in a mediation a Judge will virtually always tell you that your case sucks, whether it does or not.  It is part of trying to convince you that you have something to lose by going all the way.  The Judge could flip it but unlikely, IMHO.

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You actually believe Brady?

 

If he loses he can appeal and get an injunction from the Circuit Court and the appeal wouldn't be heard until AFTER the end of next season.  This is AROD all over again.

You keep saying this but what makes you think he could get an injunction?  Injunctions are generally granted to preserve the status quo, not to overturn it.  He would have to demonstrate a likelihood of success on the merits.   Do you really think that is likely to happen if he has lost three times in a row?

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You actually believe Brady?

 

If he loses he can appeal and get an injunction from the Circuit Court and the appeal wouldn't be heard until AFTER the end of next season.  This is AROD all over again.

Umm; I never said that? I think Goodell is a jack...; the league did a sh... job and that at a bare minimum Brady is hiding something.  I just said some lawyers said it wasn't about guilt or innocence.

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Hate to break it to you guys but the NFL's case does suck.  Seriously and I hate the Patriots but what do we have?  Text messages from third parties implicating Brady and underinflated balls with no chain of custody and as ridiculous as the fair weather Pats fans "scientific" explanations are I've seen judges buy even crappier arguments.

Goodell is an incompetent Commissioner.  The second Brady destroyed his cell phone he should have charged him with obstructing the investigation and made that the basis for the suspension not the underinflated footballs crap.  Capone didn't get put in jail for killing people or being a gangster he got put in jail for tax evasion.

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Hate to break it to you guys but the NFL's case does suck.  Seriously and I hate the Patriots but what do we have?  Text messages from third parties implicating Brady and underinflated balls with no chain of custody and as ridiculous as the fair weather Pats fans "scientific" explanations are I've seen judges buy even crappier arguments.

Goodell is an incompetent Commissioner.  The second Brady destroyed his cell phone he should have charged him with obstructing the investigation and made that the basis for the suspension not the underinflated footballs crap.  Capone didn't get put in jail for killing people or being a gangster he got put in jail for tax evasion.

Again, this appeal is not about the strength of the NFL's case, as much as it is about whether the NFL followed its own procedures, as collectively bargained. The NFL does not need a "strong" case to prevail.  This case is about deference to arbitrator's rulings.  Generally, an arbitrator's decision has to be outrageous to be overruled by a court.  I don't think this ruling falls into that category (but I have been wrong before).

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I think average Joe Americans are about to learn how dumb most judges really are.  This is a civil district court judge afraid to make a ruling so he'll let an obvious cheater skate.

Wouldn't a judge with no courage simply uphold the commissioner's authority under the CBA, and thus allow the 4-game suspension to stand?

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Hate to break it to you guys but the NFL's case does suck.  Seriously and I hate the Patriots but what do we have?  Text messages from third parties implicating Brady and underinflated balls with no chain of custody and as ridiculous as the fair weather Pats fans "scientific" explanations are I've seen judges buy even crappier arguments.

Goodell is an incompetent Commissioner.  The second Brady destroyed his cell phone he should have charged him with obstructing the investigation and made that the basis for the suspension not the underinflated footballs crap.  Capone didn't get put in jail for killing people or being a gangster he got put in jail for tax evasion.

The judge is not ruling on the merits of the case. The judge is ruling whether or not Goodell was within his rights via the CBA. 

Brady literally has no case. Demaurice Smith saw to that when he chose not to challenge Goodell's authority during the last negotiation. 

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Brady is not going to win this case.  In the unlikely event that Berman rules in his favor, the 2nd Circuit will tip him on appeal.  As Senator Trent would say, you can take that to the bank.      

That said, not sure I'm getting the angst.   The drop-off between Brady and Jimmy G is not likely to translate to much difference in the W/L column for just the first 4 games.  The Patriots aren't getting back their future #1 and #4.  And nobody's mind is going to be changed about Brady (for good or for bad) regardless of what Berman's decision says.   

A 1990 Steven Seagal  movie reference?   Wow.  

Mason Storm lives.

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Dude most Civil Court Judges want as much of their docket as possible to be settled because they hate making rulings due to fear of being overturned on appeal.  The evidence against Brady is circumstantial so the Judge is probably worried he's going to be overturned on appeal so he'll let the little weasel off.

Fear of being overturned is exactly why he should effectively do nothing, and just let the suspension stand. That would also avoid setting a precedent that has some folks worried. 

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