OT - Patriots Deflate Report

nolemmings · #1 07-30-2015, 05:20 PM

BTW, what is Goodell's stake in the outcome? He has an incentive to punish one of the most high-profile franchises in the league and its golden boy, do no wrong QB? He loves the negative publicity and acrimony that builds up from his decision? Who brought all of this on in the first place?

Peter_Spaeth · #2 07-30-2015, 05:24 PM

Quote:

Originally Posted by nolemmings

BTW, what is Goodell's stake in the outcome? He has an incentive to punish one of the most high-profile franchises in the league and it's golden boy, do no wrong QB? He loves the negative publicity and acrimony that builds up from his decision? Who brought all of this on in the first place?

The backlash would have been enormous had he reduced the suspension. Can you imagine the accusations of giving in to pressure from Kraft, intimidation, weakness, favoritism for Brady and the Patriots, etc.?

nolemmings · #3 07-30-2015, 05:40 PM

That argument is unpersuasive Peter. There's plenty of backlash as it is. Besides, many would have been in favor of a reduction without concluding that he had "caved"; hell, by most accounts Goodell was trying hard to reach a settlement without rendering a decision on the appeal at all, one which would have provided a reduced suspension--perhaps greatly reduced-- so I find it a stretch to believe he felt pressured to stick to the four-game penalty. It was Brady's side that was unaccommodating if not down right rigid in continuing this charade that he did no wrong and that anything greater than zero games would be appealed.

There may be several meaty points on appeal worth consideration. My point was that this crying about Goodell's position in the process is weak, and that it was agreed-upon in an arm's length negotiation. Good luck making that "we were outmaneuvered, obviously" argument to the District Court judge.

Peter_Spaeth · #4 07-30-2015, 05:51 PM

Straw man Todd. You asked how it happened, I said they were outmaneuvered. I never said that would be a good argument to a court.

And if he had reduced it to one game -- the most this piddly crap deserved -- I think he would have faced severe criticism from all the "integrity of the game" people who think one PSI is more important than concussions and brain injuries.

steve B · #5 07-31-2015, 09:51 PM

Thanks Todd and Peter for the interesting views on Goodell hearing the appeal.

I wasn't aware of the motion for reconsideration. Somehow the news about cases always misses that. Unless it's not common. But from what I've read here it seems like a motion for reconsideration isn't unusual? In the news it always seems to be case/appeal/bigger appeal/ and eventually maybe the supreme court if it's important enough or someone being out of options if it isn't (Or if they're just plain wrong )

That part of the process makes sense the way Todd has explained it.

I wasn't really concerned much about it to begin with although it seemed wrong. But now I'm thinking it's ok. One of the things that struck me during the lead in to the appeal was that the NFLPA apparently could ask for an arbitrator and did but Goodell rejected that request. I'm sure there was some behind the scenes stuff we may never know.

And yes, for sure the backlash would have been enormous.

What do you think about not using the existing rule and penalty? It seems to me that without the public outcry, it would have been the required 25K fine, maybe for each ball and that would be the end of it. (Probably another example of the laymans understanding of legal stuff being incomplete at best - I hear fairly often that someones prior record can't be used. Maybe at sentencing it can but not earlier? )

Steve B

Peter_Spaeth · #6 07-31-2015, 10:01 PM

Steve, the path for a labor dispute under a collective bargaining agreement is very different from the path of a court case typically initiated in a trial level court. Here, the "appeal" is in the first instance to the Commissioner and THEN to a federal district (trial) court. A normal federal court case would be initiated at the district court level, with an appeal to a federal appeals court, and a (typically) discretionary appeal from there to the US Supreme Court. There is a similar path for state court cases.

steve B · #7 07-31-2015, 10:04 PM

Cool! I've learned a few interesting things today

Steve B

Quote:

Originally Posted by Peter_Spaeth

Steve, the path for a labor dispute under a collective bargaining agreement is very different from the path of a court case typically initiated in a trial level court. Here, the "appeal" is in the first instance to the Commissioner and THEN to a federal district (trial) court. A normal federal court case would be initiated at the district court level, with an appeal to a federal appeals court, and a (typically) discretionary appeal from there to the US Supreme Court. There is a similar path for state court cases.

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