William F. Russell

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William F. Russell

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I am not a lawyer so it was a bytch to read. But it is pretty fukking awesome.. #freebrady

Kessler really ties everything to the process.

Honestly, it's cases like these that make me grateful for studying law. But Kessler is doing a good job of making concise and reasonable arguments that the NFL cannot refute. He's the MVP if Brady gets off.
 

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So ESPN keeps bringing up Garvey VS the MLBPA. To say Brady cannot win. And other level eagles keep saying that case was about facts, not process. And Kessler is arguing process.

This is apparently the relevant sections from that ruling that will get Brady the W.

(a) In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration—
(1)
where the award was procured by corruption, fraud, or undue means;
(2)
where there was evident partiality or corruption in the arbitrators, or either of them;
(3)
where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or
(4)
where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
(b)
If an award is vacated and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.
(c)
The United States district court for the district wherein an award was made that was issued pursuant to section 580 of title 5 may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in section 572 of title 5.
(July 30, 1947, ch. 392, 61 Stat. 672; Pub. L. 101–552, § 5, Nov. 15, 1990, 104 Stat. 2745; Pub. L. 102–354, § 5(b)(4), Aug. 26, 1992, 106 Stat. 946; Pub. L. 107–169, § 1, May 7, 2002, 116 Stat. 132.)


#2, #3, and #4 are all clearly in play.

I am copying and pasting this. But ya I would say 2 3 4 and number fukking 1.

Can you break it down for me @SuperCoolP_Cal and @BarNone
 
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Honestly, it's cases like these that make me grateful for studying law. But Kessler is doing a good job of making concise and reasonable arguments that the NFL cannot refute. He's the MVP if Brady gets off.

If Kessler get's Brady off, he needs to be inducted to the Pats HOF ASAP.
 

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Just the NFL not making Pash available for questioning during the appeal should vacate Brady's suspension no?

shyt even Berman said during the hearing that cases have been vacated b/c of situations like that.
 

William F. Russell

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So ESPN keeps bringing up Garvey VS the MLBPA. To say Brady cannot win. And other level eagles keep saying that case was about facts, not process. And Kessler is arguing process.

This is apparently the relevant sections from that ruling that will get Brady the W.



I am copying and pasting this. But ya I would say 2 3 4 and number fukking 1.

Can you break it down for me @SuperCoolP_Cal and @BarNone

I'd say those you selected definitely apply and are basically what Kessler is arguing.

#4 is especially important because Kessler is arguing that Goodell exceeded his role as arbitrator by considering additional evidence to that considered in the Wells Report, which was the basis of the league's suspension. Goodell violated his responsibility as an arbitrator by actively investigating for additional reasons to justify the league's suspension decision. Moreover, Goodell's decision wasn't drawn from the essence of the CBA; his ruling was basically, "I'm the arbitrator and with my special authority, I can punish Brady however I want." He attempted to justify the suspension under the "conduct detrimental to the league" policy (as a catch-all). Obviously he can't do that. Goodell/the NFL was supposed to provide prior notice to Brady that being "generally aware" of tampering with footballs is punishable under the "conduct detrimental" authority. Clearly that notice was never given.
 

William F. Russell

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Just the NFL not making Pash available for questioning during the appeal should vacate Brady's suspension no?

shyt even Berman said during the hearing that cases have been vacated b/c of situations like that.

Yeah, Pash not being made available was a faux pas by the league. It doesn't make sense not to include him, especially since he had such an active role during the arbitration.
 

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Yeah, Pash not being made available was a faux pas by the league. It doesn't make sense not to include him, especially since he had such an active role during the arbitration.

This shyt is way over my head. Appreciate your help breaking it down. This is such fukking Bullshyt man. I hope Goodell gets ran over by a car, then backed up over by said car.
 

William F. Russell

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This shyt is way over my head. Appreciate your help breaking it down. This is such fukking Bullshyt man. I hope Goodell gets ran over by a car, then backed up over by said car.

For sure. And this shyt can be broken down much further. Kessler has strong arguments. Goodell was simply looking to bully Brady and the Patriots for PR purposes but clearly didn't think it through. If the suspension is overturned, he needs to resign. Too much fukkery and negative attention under his reign.
 

William F. Russell

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Anybody watching the game vs. the Saints?

The pass defense really needs to get it together. There's NO reason we should be giving up a 45-yard TD pass. The only positive has been our redzone defense on 2-pt conversion attempts.
 

William F. Russell

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Garrapolo looks like crap tonight. He really seems out of sync with the offense.

We better hope Brady's suspension gets overturned.
 
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