post #481 of 481
Have not been following this since Judge Berman's decision last fall. Well this lawyer predicted a 2-1 ruling against Brady back in the beginning of March. She hasn't commented on this yet but there's a lot of good stuff on her blog on the case.

I have not followed the current appeal, but uuggh, more crap. I suspect it's all about the cba and Goodell's right to arbitrate. The whole case is a mess. It never should have gotten as far as it did with questionable proceedures and no one even knows exactly what gauges were used. A total joke.

Did he do it? i don't know. Maybe, but did it even matter as he threw better with a "properly" inflated ball. What they should have done is institute proceedures and move on. I should say I was very much on the side of "he's guilty" last year before looking into it. It is a total mess and complete waste of money, time, and court use.

Here's a good presrntation of the current situation:
Sports Illustrated legal analyst Michael McCann joined Dale & Holley on Monday to discuss the latest with the Tom Brady Deflategate case as on Monday the court reinstated the quarterback’s four-game suspension for his role in Deflategate. To listen to the interview, visit the Dale & Holley audio on demand page.

McCann wasn’t surprised with the judges siding with the NFL having been the courtroom for the hearing, but he was surprised with how fast a ruling was reached.

“The lightning speed — I mean look, the Adrian Peterson case is still going on,” McCann said. “The hearing for Adrian Peterson was last October. He still doesn’t have a decision in his federal appeal. This happened so quickly, rapid speed. Almost unheard of. It happens just very rare. The speed of it, very surprising. In terms of the decision, I took sense when I was at the hearing that two of the three judges, the judges that ruled against Brady were very skeptical of the NFLPA’s arguments and they certainly seemed to favor the NFL. From that lens, I wasn’t completely surprised.

“I thought they would remand the case, rather than just reverse. Had they remanded it, it would have gone back to Judge Berman to rule on three other issues that he didn’t rule on. It would have been a much better outcome for Brady, not what he sought, but better than what he got. This is the second-to-worst case scenario for Brady. The worst would be if the decision was 3-0. There’s a silver lining that Judge Katzmann is the dissenting voice. That could help him going forward. Clearly, this was a disappointing day for Brady.”

McCann detailed what is next for Brady, as Adam Schefter reported late Monday Brady isn’t pleased and is mulling his options.

“The main option is to seek a [review] where Brady would ask that the entire Second Circuit Court of Appeals consider this case. Basically, a new appeal,” McCann said. “Rarely granted in the Second Circuit. It’s only granted less than one percent of the time. I think the odds are a little bit better here. A, It is a split decision. And B, I think a very important point, the Chief Judge is the dissenting voice. This is the person at the top. This is the person at the top saying, ‘You know what, my two colleagues got it wrong. Tom Brady shouldn’t be suspended.’ I would have to think some of the other judges are going to be sympathetic to that or at least interested in that viewpoint. It won’t be easily dismissed.
Finally, McCann was asked what he believes will happen with Brady and potentially serving a suspension.

“I think odds are he serves it, but I guess I am maybe more optimistic than maybe some about the chances of getting a [new hearing],” he said. “I think the odds are certainly better than one percent. Look, two judges felt that the NFL did something wrong. Two felt that it did something right. If I am another judge in the Second Circuit, I am going to say I have some real concerns about what the NFL did. I have some concerns about frankly the reasoning in the majority opinion. Look, the odds are against Brady. There’s no question about it, but I don’t think it’s 99 percent to 1 percent as some of the data might indicate.

“If you are Brady, you have to fight it. Your legacy is on the line. You can’t call the NFL and say let’s do a deal — ‘I’ll give up my appeals if you lower it to two games.’ That is not going to happen. You have to fight this to the end. If you’re Tom Brady, you also have to think about filing a defamation lawsuit. I think at this point a defamation lawsuit doesn’t change the suspension, but it does send a message. If he didn’t do it, I think he almost has to feel obligated to do something beyond this case.”
Edited by Tog - 4/25/16 at 8:12pm