Posted on 09/03/2015 8:05:14 AM PDT by SeekAndFind
Judge Richard Berman has overturned Tom Brady's four-game suspension for "Deflategate," according to the AP. Berman made the decision after Brady and the NFL met several times and were unable to come to a settlement.
Of course this doesn't mean that Deflategate is over.
It has been widely reported that whichever side lost would then file an appeal, setting up court hearings for several more months.
Right now, though, it seems we'll see Brady in Week 1.
There was feeling around the NFL world that Berman would rule in Brady's favor after the NFL got crushed during a hearing earlier in August.
One of the strongest arguments in Brady's favor was the lack of a "smoking gun."
Though the NFL's investigation found Brady was "generally aware" of the plan to deflate the footballs, it seemed Berman questioned the leap from "generally aware" to a four-game suspension.
Additionally, Berman didn't agree with Roger Goodell's comparison of Brady being generally aware of ball deflation to a player being generally aware of steroid use.
In Berman's 40-page decision, he specifically mentions questioning the comparison:
"The Court finds that no player alleged or found to have had a general awareness of the inappropriate ball deflation activities of others or who allegedly schemed with others to let air out of footballs in a championship game and also had not cooperated in an ensuing investigation, reasonably could be on notice that their discipline would (or should) be the same as applied to a player who violated the NFL Policy on Anabolic Steroids and Related Substances."
(Excerpt) Read more at businessinsider.com ...
No, that’s not his job. This is a perfectly valid thing to rule on. It has NOT been contractually agreed on, that’s one of the major points in his ruling, that the punishment was far outside of both the rule book and the CBA.
You should bother to read the ruling. If you’re going to insist everybody else is stupid you should probably start by not being factually in error on repeated fronts.
http://static.nfl.com/static/content/public/photo/2015/09/03/0ap3000000520629.pdf?campaign=fb-nf-sf12749562-sf12749562
Fine by me. I said that here 20 years ago. But that as nothing to do with a federal judge inserting himself into an agreement between the players and management. Are you trying to tell me that Brady has a 1th Amendment right not to be suspended or are you just an advocate for unbridled fedguv power?
I read the ruling. I also read the relevant sections of the NFL agreement with the players. There is nothing in it that gives federal judges veto powers over decisions made by the Commissioner over discipline. Not one word in fact. Americans get the government they deserve. You deserve as much federal government intrusion into everything that is possible.
The argument was that the nothing in the CBA or rule book gave the league the right to levee the punishment they did. When the core of the dispute is an interpretation of a contract that is EXACTLY what the courts are for. The judge agreed with the NFLPA that the NFL’s action were OUTSIDE the strictures of the CBA. If you’d actually read it you’d know that.
Hey dipshit. You’re entitled to your opinion you’re not entitled to call me a liar and you’re not bright enough to understand the long reaching effects of this decision if not overturned by the appeals court. Such is life.
More insults. More clearly not having read the document. Here’s another source that not only has the judgement but a lot of discussion on it, and a passage that clearly shows why this was perfectly valid for the judge to rule on:
http://mmqb.si.com/mmqb/2015/09/01/nfl-deflategate-decision-roger-goodell-tom-brady-judge-berman
“Throughout its oral and written arguments to Judge Berman’s court, the league tried to reduce the case to its most basic premise: that Article 46 of the CBA gives Goodell power to levy discipline, hear and weigh player appeals of such discipline, and uphold such discipline. All of those things happened with Brady, whom NFL lawyers referred to as a “disappointed grievant.” While the NFLPA, on the other hand, went through a laundry list of items in front of Berman—lack of notice, fundamental unfairness, evident partiality, bias, etc.—the NFL responded by pointing to the CBA, like a player on a team ahead in the game pointing to the scoreboard in response to a yapping opponent. Judge Berman clearly saw it otherwise.”
The federal courts are there for redress when the sides cannot agree on interpretation of the contract. If you can’t see that then all your insults apply to you.
The NFL filed this suit in NY. They were trying to get the best jurisdiction for themselves before Brady filed suit in MN where many previous NFL disputes had been decided in favor of the player. With respect to the actions on both sides, they seemed to agree that the proper venue was federal court, disagreeing with your rants and insults.
having said that, the NFL makes the game rules, and the NFL should have been less permissive in allowing teams to supply their own balls....the NFL should be in control of all the equipment such as the balls that are used....that ain't too hard...
now, I hope the Pats loose, loose, loose, as well as the Seahawk thugs....
The ruling was a surprise to some legal experts who believed Berman was merely pressuring the league to settle when he criticized its handling of the investigation and discipline over the last eight months.This is the latest case of judicial activism (by a Clinton appointed judge) in favor of you cheat loving liberals.
Rush calls people like you the "envy crowd". The best moniker for you, maybe you should change your screen name to envious freeper.Envy? Sure whatever...
Zero.
Try counting that you envious nimrods.
Go ahead, explain how he torched Indy in the second half, and the best defense in the past five years in the SB.
That you can't do that is evidence for great stupidity, total envy, and totally believing something in spite of what's in front of your very eyes. Zero evidence.
Is it now the seriousness of the charge that convicts him?
That's the sign of a moronic liberal.
Brady filed the lawsuit. I thought this was common knowledge. Evidently not. The change of venue had to do with other issues. And if you don’t like what I write don’t read or reply. I will get through life a bit sadder but wiser.
There’s nothing activist about it. 2 sides disagreed on the interpretation of the contract, one side had all the power and could “force” their interpretation, it went to court, the judge made a decision. And really it was the right call. The rule book says the punishment is a fine, and nothing else. Goodell tried to say that an unspecified “some” of the suspension was due to lack of cooperation with the investigation, but Tagliabue had previously thrown out player suspensions (Bounty Gate appeal) for lack of cooperation saying there was no such precedent. And there’d been a new CBA since then so if Goodell really wanted lack of cooperation to be a suspendable offense he had his chance.
This kind of stuff is exactly what the courts are for, to stop the side who has the power from enforcing their interpretation just because there’s nothing the other side can do. Meanwhile Goodell says he’s going to appeal, so 3 other judges will get a chance to agree or not.
BUZZZ wrong again. And anybody that had actually read the judgement would know that. The league filed FIRST in NY, Brady then filed in Minnesota hoping to get a judge who had previously ruled against the league. That judge declined saying suit had already been filed and it should be handled there. There was no change of venue.
Once again, if you’re going to insult other people you should take the time to be factually accurate.
It’s not like your mental condition was going to improve in the last minutes after pinging me with personal insults... was it?
The liberal judges holding was not on the merits of guilt or innocence. I don’t watch pro football so I have no horse in that race. I did play college football however so I understand the game quite well.
This is the same liberal Judge who ordered a man to undergo a psychiatric evaluation because of his conservative views and you folks take his words as if they came down from the Mount.
After the 10-hour appeal hearing at NFL headquarters on June 23, Goodell waited more than a full month to announce that he had decided to uphold his own decision. At that point, the NFL filed a preemptive lawsuit in New York, while the NFLPA filed suit in Minnesota. The case eventually ended up in New York, in Judge Berman’s courtroom.http://boston.cbslocal.com/2015/09/03/tom-brady-defeats-nfl-judge-berman-rules-to-vacate-four-game-suspension/
The ruling was a surprise to some legal experts who believed Berman was merely pressuring the league to settle at two hearings when he criticized its handling of the investigation over the last eight months.The Liberal Judge clearly took sides.
That’s his job. There was a dispute, a lawsuit was filed, he was called upon to settle the dispute. He urged the two sides multiple times to settle it among themselves, they failed, he had to rule. And he had to rule before the NFL won by default because the season (and suspension) starts in a week. Even if he was going to rule for the NFL, it had to be done.
The Court is fully aware of the deference afforded to arbitral decisions, but, nevertheless, concludes that the Award should be vacated. The Award is premised upon several significant legal deficiencies, including (A) inadequate notice to Brady of both his potential discipline (four-game suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to examine one of two lead investigators, namely NFL Executive Vice President and General Counsel Jeff Pash; and (C) denial of equal access to investigative files, including witness interview notes.The NFL did not hold up their end of the contract.
The job of the judge is to remain fair and impartial during the hearing. Clearly, as shown, that was not the case. I have no interest in repeating this for you again.
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