No settlement between Brady and the NFL

[mykcuz]

The lawyer types I have seen make comments that pretty much said the ruling will be to uphold the suspension. Because, 1) He doesn't want to set a precedent, and 2) He doesn't want to be overturned on appeal. Most of the lawyer types also seem to think Brady won't get an injunction if he appeals.

Legally, this judge is already out of bounds. Legal experts as you describe are giving opinions based on the real world, this judge doesn't seem to get his role. Legal experts have also noted that this judge gave Goodell a dressing down in their first meetings. Again, not his place or role. Goodell is simply enforcing the rules agreed to by both parties.

This judge will have his ruling appealed whichever way he decides. Honestly, the legally responsible act would have been to read the nfl's request, read the cba, and refuse the hearing, just write an opinion that Goodell was in his right.


Sent from my SM-G900V using Tapatalk

 

[SackExchange]

Why is it suddenly an issue when the league hears an appeal? Isn't that traditionally the way it has worked? The league rules, players appeal, the league hears the appeal.

The league is the governing body over all teams and players. Why should any appeal go beyond the authority of the league? All matters should be handled internally. Don't like it? Leave and start your own league.

 

[NickSINYC]

Why is it suddenly an issue when the league hears an appeal? Isn't that traditionally the way it has worked? The league rules, players appeal, the league hears the appeal.

The league is the governing body over all teams and players. Why should any appeal go beyond the authority of the league? All matters should be handled internally. Don't like it? Leave and start your own league.

I agree with everything you said as long as the players union has not bargained for a better impartial arrangement.

 

[maxmet]

couple of notes on the process

- anyone who says the players union should have bargained for a better deal on the process for review of discipline should recognize that they would have had to give up something else - like what - less money in the pension or health care plan for all former players? add a game to the season? its bargaining, so to get more on process they would have had to give elsewhere - not clear that their constituents - the players generally would want that. Actually, it is clear - they bargained for other stuff.

- judges often push parties to settle. It is part of their job. It is how judges conserve the time of the courts in civil matters - why are you guys bothering this court with this dispute - cant you work it out? and then it is common to refer obliquely to weaknesses in each party's case to encourage such settlement talks. It is part of the judge's job to provide at least an opportunity and some encouragement for a settlement

 

[NickSINYC]

couple of notes on the process

- anyone who says the players union should have bargained for a better deal on the process for review of discipline should recognize that they would have had to give up something else - like what - less money in the pension or health care plan for all former players? add a game to the season? its bargaining, so to get more on process they would have had to give elsewhere - not clear that their constituents - the players generally would want that. Actually, it is clear - they bargained for other stuff.

- judges often push parties to settle. It is part of their job. It is how judges conserve the time of the courts in civil matters - why are you guys bothering this court with this dispute - cant you work it out? and then it is common to refer obliquely to weaknesses in each party's case to encourage such settlement talks. It is part of the judge's job to provide at least an opportunity and some encouragement for a settlement

check the agreements in all the top 4 leagues They are all different

 

[flgreen]

Judging by the comments being issued from the bench this case is being viewed as a union case. If the judge was appointed by a liberal politician, and I will assume he was, or he wouldn't be viewing it as a union case, and dressing down the NFL.

Regardless of what the agreeded upon CBA says about the Commissioners authority, he will rule in favor of the union.

Just the way it is.

 

[Jet Fan RI]

Judging by the comments being issued from the bench this case is being viewed as a union case. If the judge was appointed by a liberal politician, and I will assume he was, or he wouldn't be viewing it as a union case, and dressing down the NFL.

Regardless of what the agreeded upon CBA says about the Commissioners authority, he will rule in favor of the union.

Just the way it is.

The thing is, the judge does not want to be overturned on appeal, nor does he want to set a precedent that will have every player who gets an unfavorable ruling from the league to run to the courts to get it reversed. The decision that does both is to rule in favor of the NFL.