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Appeals court: QB Tom Brady must serve 'Deflategate' penalty
MSN News ^ | Apr 25, 2016 | LARRY NEUMEISTER

Posted on 04/25/2016 10:04:58 AM PDT by detective

New England Patriots quarterback Tom Brady must serve a four-game "Deflategate" suspension imposed by the NFL, a federal appeals court ruled Monday, overturning a lower judge and siding with the league in a battle with the players union.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan ruled 2-to-1 that Commissioner Roger Goodell did not deprive Brady of "fundamental fairness" with his procedural rulings. The split decision may end the legal debate over the scandal that led to months of football fans arguing over air pressure and the reputation of one of the league's top teams.

(Excerpt) Read more at msn.com ...


TOPICS: Culture/Society; US: Massachusetts
KEYWORDS: brady; cheatriots; deflategate; deflatriots; massachusetts; newengland; newenglandpatriots; nfl; patriots; tombrady
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To: detective

Quote: “The bar to overturn is extremely high. The process must be completely dishonest and egregiously fraudulent. It was dishonest enough to be overturned by the first judge. It was almost dishonest enough to lose on appeal.”

First a correction from earlier. It is the Federal, not American, Arbitration Act that governs civil awards. Sorry for that mistake. Secondly, in order to overturn an arbitration decision it is not the conduct of the opposing party (the NFL) that is challenged but of the arbitrator.

The NFL could have pulled every corrupt, crappy move in the book and the arbitration process leaves it to the arbitrator(s) to sort that. Once they render their decision then the challenge in court reviews not what the NFL did but what the arbitrator did.

Here, the lower court seemed to get that a bit confused. It conflated the NFL’s actions with the arbitrator and arbitration (a path mutually agreed upon by both parties under collective bargaining).

Regardless of the NFL’s crappy conduct, it was for the arbitrator to rule on and not the court.


41 posted on 04/25/2016 11:52:19 AM PDT by FlipWilson
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To: FlipWilson
“it is not the conduct of the opposing party (the NFL) that is challenged but of the arbitrator.”

In this case the opposing party(Goodell) and the arbitrator(Goodell) were one in the same.

That is just one of the many reasons the decision was overturned. On appeal it was ruled that all the dishonesty did not matter. It was ruled that the decision met the minimum standard.

42 posted on 04/25/2016 12:03:01 PM PDT by detective
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To: detective

as I understand it there was no admissible evidence that would link Brady to deflating the FB. And even if the judges were just upholding the power of the NFL, they are a court of law where justice is to be upheld. It seems to me they have the obligation to affirm the lower court’s decision.


43 posted on 04/25/2016 12:04:45 PM PDT by elpadre (AfganistaMr Obama said the goal was to "disrupt, dismantle and defeat al-hereQaeda" and its allies.)
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To: elpadre

“they are a court of law where justice is to be upheld. It seems to me they have the obligation to affirm the lower court’s decision.”

They almost did. The vote was 2-1. The ruling only said the process met the minimum standard.

It appears they were very close to upholding the lower court.


44 posted on 04/25/2016 12:08:39 PM PDT by detective
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To: twister881

That is funny..


45 posted on 04/25/2016 12:29:02 PM PDT by samantha (keep up the fight....)
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To: McGruff

If you are that good the why do you freaking have to cheat?


46 posted on 04/25/2016 12:31:53 PM PDT by samantha (keep up the fight....)
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To: dfwgator

Oh my gawd,I remember that work release snow plow cheater so vividly,and always remind people that the Patriots cheated long before Brady or any of the New cheaters were born.

The dolphins got screwed over in a freaking blizzard.


47 posted on 04/25/2016 12:49:35 PM PDT by samantha (keep up the fight....)
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To: Bruce Campbells Chin
“It doesn’t have to be an endorsement of Goodell or the process. It simply has to recognize that this was the product of a contractual agreement reached by two sophisticated parties.”

In this case the opposing party(Goodell) and the arbitrator(Goodell) were one in the same. The first court ruled on the dishonesty and fraudulent practices of Goodell the arbitrator.

This court ruled:

“Even if an arbitrator makes mistakes of fact or law, we may not disturb an award so long as he acted within the bounds of his bargained-for authority,” two of the judges on a three-man panel ruled. Judge Robert Katzmann dissented.

They as much as said Goodell did not follow the law and was dishonest but by 2-1 the judges said that it does not matter.

48 posted on 04/25/2016 1:01:14 PM PDT by detective
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To: samantha

Are you saying you want Tom Brady falsely accused and suspended because of a snowplow incident years ago that Tom Brady had nothing to do with?


49 posted on 04/25/2016 1:03:14 PM PDT by detective
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To: detective

No,but leopards do not change their spots. What do you expect in liberal democrat Massachusetts?


50 posted on 04/25/2016 1:57:09 PM PDT by samantha (keep up the fight....)
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To: samantha

“No,but leopards do not change their spots. What do you expect in liberal democrat Massachusetts?”

Do you say you want to falsely accuse and suspend Tom Brady because there are liberal Democrats in Massachusetts?


51 posted on 04/25/2016 1:59:36 PM PDT by detective
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To: detective

Patriots fans tend to be the most conservative of any of the Boston-area teams.


52 posted on 04/25/2016 2:00:51 PM PDT by dfwgator
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To: detective

Belicheat should be banned for life.

L


53 posted on 04/25/2016 2:02:22 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: dfwgator

Especially if they listen to Dennis and Callahan on WEEI in the morning.


54 posted on 04/25/2016 2:03:12 PM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: samantha

“No,but leopards do not change their spots. What do you expect in liberal democrat Massachusetts?”

As a lifetime Massachusetts resident that is one of the stupidest arguments I’ve ever read on FR.

What does liberalism have to do with Tom Brady’s problems?

.


55 posted on 04/25/2016 2:03:15 PM PDT by Mears
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To: detective

Total BS!


56 posted on 04/25/2016 2:40:55 PM PDT by New Jersey Realist (Home of the Free Because of the Brave)
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To: Mears

Liberals do not care what they do as long as they win. If they did why would they destroy the state,so much so even the liberals are moving out to other parts of new england and slowly destroying whatever they touch. Sometimes you cannot see the forest for the trees.


57 posted on 04/25/2016 2:47:35 PM PDT by samantha (keep up the fight....)
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To: detective
This is an arbitration, based on contractually bargained-for rights. It isn't a criminal issue, so talking about what the law is doesn't really matter.

It's really pretty simple. The Union signed a collective bargaining agreement that gives Goodell incredible authority. So if he's judge, jury, and executioner, that's perfectly fine as long as the Union agreed to it. Which, they did.

58 posted on 04/25/2016 3:07:34 PM PDT by Bruce Campbells Chin
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To: samantha

What...wait....what about the ‘white privilege card’ can’t they use it??


59 posted on 04/25/2016 3:43:38 PM PDT by George Washington Axe
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To: Bruce Campbells Chin
“The Union signed a collective bargaining agreement that gives Goodell incredible authority.”

The courts usually do not interfere in arbitration decisions unless the dishonesty and fraud is truly egregious.

The initial judge ruled Goodell was so dishonest and the process so fraudulent that Goodell exceeded even the incredible authority he was given in the collective bargaining agreement.

On appeal, one judge agreed the Goodell’s dishonesty exceeded his authority. The other two ruled that even if Goodell was dishonest he met the minimum standard.

60 posted on 04/25/2016 4:01:09 PM PDT by detective
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