April 25th, 2016 at 11:48 AM ^
April 25th, 2016 at 11:51 AM ^
April 25th, 2016 at 12:28 PM ^
That is still his name in NOLA...
should get married.
The No Fun League will celebrate today with a treatment of bicarbonate of soda, an enema, and boiled liver.
April 25th, 2016 at 11:44 AM ^
Absurd that the NFL continued to pursue this in light of the scientific evidence (or lackthereof in the NFL's case) discrediting their report. Looks like this is going to be drawn out further as this moves up to higher courts.
April 25th, 2016 at 12:06 PM ^
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April 25th, 2016 at 12:11 PM ^
see it now in the catalog of historically crucial SC decisions:
Roe v. Wade
Dred Scot v. Sandford
Bush v. Gore
Brady v. NFL
Brady's attorney was just on with Russillo and Kanell and of couse said basically nothing. He did however say there is one more step called a Re-Hearing before the step of taking it to the Supreme Court. He also did not comment on the next step but said they are in the process of weighing all options.
Not sure why he even agreed to come on the radio. They asked him if he talked to Brady today and he said "I can't comment on that". Ok great....
The whole thing is a total fucking waste of time and resources. Should have never even been a story.
April 25th, 2016 at 12:50 PM ^
This is about Goodell's authority as NFL Commissioner. Whether the balls were deflated or not was not what the court looked at here. This is the important thing that people need to know before they argue about science, cold and balls.
"Our role is not to determine for ourselves whether Brady participated in a scheme to deflate footballs or whether the suspension imposed by the Commissioner should have been for three games or five games or none at all. Nor is it our role to second-guess the arbitrator's procedural rulings," Judge Barrington D. Parker wrote in the majority opinion. "Our obligation is limited to determining whether the arbitration proceedings and award met the minimum legal standards established by the Labor Management Relations Act."
April 25th, 2016 at 11:44 AM ^
April 25th, 2016 at 11:46 AM ^
BREAKING: US Appeals court reinstates New England Patriots' Tom Brady's suspension over 'deflategate' - Reuters
— CNBC Now (@CNBCnow) April 25, 2016
"The Patriots were reportedly bracing for this to happen after the NFL's appeal was heard last month. Brady will miss the Patriots' first four games against the Cardinals, Dolphins, Texans, and Bills before being able to return Week 5 against the Browns. He's still able to participate in training camp and preseason contests. Jimmy Garoppolo will slide in as the starter the first four weeks." -via Rotoworld
April 25th, 2016 at 12:19 PM ^
They share capricious power and general stupidity in equal measure.
"Obtuse" is the watchword . . . .
April 25th, 2016 at 12:24 PM ^
Honestly the NFL might be worse than the NCAA and that's saying something. Just because they are way more popular and have way more influence.
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The NFL hammering Brady to show it is tough after the Ray Rice debacle is like the NCAA hammering Middle Tennessee State after a major scandal at a power program
Except that one incident is real and the other imaginary, they are practically identical.
April 25th, 2016 at 12:26 PM ^
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My Steelers play New England in week 8.
of the legal action in Northwestern players' attempt to establish the ability to organize for collective bargaining authority under Labor Relations Board regulations and the move being perceived as an attempt to get players paid and the implications of that for college sports in general.
Deflategate is just a battle of political will and the NFL seeking the last say in a pointless argument. It's ironic that Goodell was on the precipice of being dismissed after he botched a series of orior disciplinary cases, and only held onto to his job because of the way he keeps slicing the revenue pie for the owners in this Game of Thrones enterprise.
The NFL trades on the abiiity to draft players from a talent pool it doesn't pay to support and then complains when certain schools don't do a good enough job of development before getting it. This is how arrogant this league is. They've turned every aspect of the NFL media presentation into a revenue-producing opportunity, from division of games into various network deals to highlights that can only be viewed if prepaid and contracted for under certain time limits.
The NFL is just like all the other selfish corporate structures in this country rotting at the core with two-faced leadership that cares only about its public perception and how it can enrich those in charge.
April 25th, 2016 at 11:47 AM ^
April 25th, 2016 at 11:48 AM ^
What can you do with Roger Goodell?
April 25th, 2016 at 11:48 AM ^
I haven't heard anything about this but it seems hard to believe. But then again, this is the NFL we're talking about.
April 25th, 2016 at 11:54 AM ^
"The US Appeals Court reinstated #Patriots QB Tom Brady's deflategate suspension." -per multiple sources pic.twitter.com/ZrNE2ylz9M
— TB12 (@TomFcknBrady) April 25, 2016
April 25th, 2016 at 11:49 AM ^
What's ridiculous about this ruling is that it doesn't prove Brady did anything wrong. They just ruled that Goodell has the power to do such things. Back to square one.
April 25th, 2016 at 12:00 PM ^
Arbitration agreements are powerful and enforceable. Courts typically don't (and can't) overturn even bad decisions if the aribtration agreement gave the arbitrator that power.
April 25th, 2016 at 12:01 PM ^
This is a key distinction that is sure to be missed by most people. The appellate court didn't review to see if the punishment was correct. The issue being reviewed was whether or not Goodell had the authority to punish.
If I were Brady, I might consider naming Goodell and the NFL as defendants in a defamation case and bring all the substantive evidence in to make my case.
I also wonder if the NFLPA feels strongly enought to threaten a strike if Brady's suspension is not overturned. Other than a little money the owners spent to litigate deflategate, it hasn't impacted anyone's bottom line. A strike would get the owners' attention in a real hurry.
April 25th, 2016 at 12:03 PM ^
is the proper ruling. I get it, this entire things is a complete shit-show and it would likely be hard for the NFL to prove that Brady had actual knowledge that the air level was being lowered below the minimum allowable, but the original ruling was essentially "this doesn't seem fair to me." Unfortunately when you are dealing with something that was collectively bargained or arbitrated it is what it is and the district court Judge abused his discretion. The ruling set a debilitating precedent for Goodell and the ability of the NFL to punish players for competitive misdeeds and an appeal was absolutely necessary from their perspective.
Yes, the NFL is stupid. Yes, this is the correct ruling.
April 25th, 2016 at 12:45 PM ^
The fundamental problem here is that the union agreed to give the commissioner such broad powers, making him both prosecutor and jury--oh, and he gets to pay witnesses to cook up theories to support him too. The system is absurd, and one would hope the union addresses it in the next negotiations. Power corrupts etc.
If you're a lawyer, could you explain how the "proper notice" arguments were dealt with. The major point in Judge Berman's opinion is that even though Goodell has a lot of latitude to impose penalties, he simply can't ignore league precedent/policy and essentially make it up as he goes. The NFL already has equipment rules AND penalties that address equipment tampering. In fact, similar transgressions had been dealt with using fines: no draft pick loss, no suspensions.
Furthermore, Berman shot down Goodell's justification for using steroid penalties on an equipment transgression. Essentially, as I understand it, even if Brady were guilty, Goodell failed to inform Brady, as an employee, the potential consequences of the transgression, given that there was no previous penalty that was as severe. It's similar to how if I commit a misdemeanor, and it's my first offense, the judge can't just sentence me to life in prison.
that Brady provided inaccurate or incomplete information in the investigation and/or destroyed or tampered with requested evidence though. It has been a while since I read the decision.
The "destroying evidence" schtick was the NFL throwing a red herring to the public. Ted Wells gave conflicting testimony during the initial court proceedings. He stated that destroying the phone / not providing the phone took away Brady's testimony, but he told Brady during the Wells Report Investigation that he didn't need the phone. And Brady provided all relevant information from the phone to the investigators. Yes, he did destroy the phone AFTER providing the evidence. But, again, this was just used by the NFL as a PR smear.
April 25th, 2016 at 11:51 AM ^
But you and I already knew that. I am sure this will be appealed.
April 25th, 2016 at 11:51 AM ^
It was the 2nd Circuit Court of Appeals. It will be interesting to see if his lawyers seek review by the Supreme Court.
April 25th, 2016 at 11:51 AM ^
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April 25th, 2016 at 12:21 PM ^
How does he get more smarmy and smug than he already was?
April 25th, 2016 at 12:39 PM ^
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or touché, or whatever that word is.
April 25th, 2016 at 11:52 AM ^
ESPN gets to talk about this crap for another four months before this decision is overturned right before the regular season.
The NFL loves it because ESPN will be talking about this for another four months. A black eye for them means more attention and they love it.
April 25th, 2016 at 12:47 PM ^
By whom exactly?
April 25th, 2016 at 12:54 PM ^
The NFLPA and Brady can petition for a re-hearing in front of the same panel then the entire 2nd Circuit Court or take their appeal to the U.S. Supreme Court, though either move is unlikely and would be a steep, costly and time-consuming climb. They would have to request a stay of Brady's suspension during an appeal.
The NFL has the option to implement the full suspension or attempt to reach a settlement and avoid further appeals.
I doubt the Patriots want to ruin another shot at the Super Bowl in what could be Brady's last season. And I have a feeling Goodell would want this taken care of once and for all. It may not be a total overruling, but maybe a 1-game or 2-game suspension.
April 25th, 2016 at 12:58 PM ^
Odds of getting an en banc review (let alone reversal of the panel) are exceedingly small. And even less likely the S. Ct. takes this on. I don't see a lot of negotiating room for them here.
True. I think that brady's only real hope for a compromise is to have the NFLPA wake the fuck up and insist on an impartial arbitration by a professional arbitration organization. That the NFLPA allowed Roger Goodell to be the prosecutor and "arbitrator" in this case demonstrates how foolish they have been.
Now, if they annouce that, in the next set of negotiations, they will demand arbitration from some arbitration group known to favor labor, they will be holding a gun to the NFL's head. It would be suicide for the NFL to lock out the players because they want something so basic as the rule of law. The NFL would be reduced to baragining for which arbitration service to use, and they'd neeed some goodwill among the players. That's about the only way I could see the NFL ownership and front office to have a motive to not screw Brady over to the max.
That the whole case, investigation, and arbitration is a fraud isn't germaine. The NFLPA signed up to be defrauded, and the courts will enforce their right to be defrauded.
bradys last season??????? Do you even Brady bro?
There has been nearly no talk about Brady's retirement in New England other than will we be able to hold on to garappolo long enough
it goes any further it will start to reflect on Brady a little bit. Just sit the games out. Nobody is going to liken this to a Pete Rose level scandal that taints his career. Release a statement that says "I liked the footballs relatively deflated but certainly did not want to break the rules. I am not an expert on PSI readings and was not carrying around any instrumentation to test the PSI readings before every snap. It appears as though they did and that is unfortunate. I will accept this suspension and move on." Brady is part of the NFL and the NFL (Brady included) is starting to look really self important and not at all self reflective on this issue. If he appeals it again or seeks leave to the Court(who will role their eyes) and this goes on, Brady runs the risk of history remembering him as the "deflate-gate" guy above all else. He should just let it go, they will split the games 2-2 or could feasibly go 3-1 and he gets another month or rest before returning for world domination.