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 ...
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.
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.
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.
“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.
That is funny..
If you are that good the why do you freaking have to cheat?
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.
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.
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?
No,but leopards do not change their spots. What do you expect in liberal democrat Massachusetts?
“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?
Patriots fans tend to be the most conservative of any of the Boston-area teams.
Belicheat should be banned for life.
L
Especially if they listen to Dennis and Callahan on WEEI in the morning.
“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?
.
Total BS!
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.
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.
What...wait....what about the ‘white privilege card’ can’t they use it??
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.
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