1
2
3
4
5
Thursday, September 3, 2015 PrintEmail22 Comments
By:
Bob McGovern
Tom Brady's suspension overturned in federal court: Goodell's tactics questioned
Buzz60
Tom Brady is free.
Judge Richard Berman nullified the NFL's four-game suspension of the Patriots quarterback today. The ruling will allow Brady to be under center on Sept. 10 when the Patriots raise their Super Bowl banner before their season opener against the Pittsburgh Steelers at Gillette Stadium.
While the NFL has said it will appeal the decision, the NFL Players Association portrayed the ruling as a victory for the collective bargaining agreement.
"This decision should prove, once and for all, that our Collective Bargaining Agreement does not grant this Commissioner the authority to be unfair, arbitrary and misleading," said NFLPA executive director DeMaurice Smith in a statement. "While the CBA grants the person who occupies the position of Commissioner the ability to judiciously and fairly exercise the designated power of that position, the union did not agree to attempts to unfairly, illegally exercise that power, contrary to what the NFL has repeatedly and wrongfully claimed."
Berman found that the arbitration proceedings presided over by NFL Commissioner Roger Goodell were flawed. The federal judge wrote that Brady did not have notice that he could be suspended for having general awareness of ball deflation.
"The Court finds that Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate footballs, and non-cooperation with the ensuing Investigation. Brady also had no notice that his discipline would be the equivalent of the discipline imposed upon a player who used performance enhancing drugs," Berman wrote in his decision.
Berman also found that Goodell improperly denied Brady equal access to the investigative files. He added that Goodell did not give Brady's attorneys the opportunity to question NFL attorney Jeff Pash, who co-authored the infamous Wells Report with Ted Wells.
The findings of that report — that Brady was generally aware that footballs may have been partially deflated prior to the AFC Championship game — were used to punish the decorated quarterback.
Berman said Brady's attorneys had the right to ask Pash questions during arbitration proceedings held in front of Goodell.
"As co-lead investigator and senior executive with the NFL, Pash was in the best position to testify about the NFL 's degree of involvement in, and potential shaping of, a heralded 'independent' investigation," Berman wrote. "The issues known to Pash constituted 'evidence plainly pertinent and material to the controversy,' ... and Commissioner Goodell's refusal to hear such evidence warrants vacatur of the Award."
These were some of the points that Berman focused on when he bombarded NFL attorneys during oral arguments last month. He asked about notice and seemed disturbed about the steroids-to-equipment comparison.
The lack of notice was a lingering focal point. Jeffrey Kessler, Brady's union-appointed attorney, frequently argued that players have never had notice that they could be punished for being "generally aware" of someone else's misconduct.
Berman agreed.
"With respect to 'general awareness' of others' misconduct ... Brady had no notice that such conduct was prohibited, or any reasonable certainty of potential discipline stemming from such conduct," he wrote. "The Court concludes that, as a matter of law, no NFL policy or precedent notifies players that they may be disciplined (much less suspended) for general awareness of misconduct by others. "
The league hit Brady with a four-game suspension, finding he was “generally aware” that footballs may have been intentionally deflated during the AFC Championship game against the Colts. Goodell later upheld it on appeal.
Berman's decision wipes that clean.
The next step will be the NFL's appeal.
"We will appeal today’s ruling in order to uphold the collectively bargained responsibility to protect the integrity of the game," Goodell said in a statement. "The commissioner’s responsibility to secure the competitive fairness of our game is a paramount principle, and the league and our 32 clubs will continue to pursue a path to that end. While the legal phase of this process continues, we look forward to focusing on football and the opening of the regular season."
__________________
Sometimes you're the windshield, and sometimes you're the bug.
A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
You peeps are too funny with your hate of #12, Is it because he is marketed as the golden boy? I don't get it. I am not into football, but this hate about #12 is entertaining to me!
__________________
Sometimes you're the windshield, and sometimes you're the bug.
You peeps are too funny with your hate of #12, Is it because he is marketed as the golden boy? I don't get it. I am not into football, but this hate about #12 is entertaining to me!
He is hated because...wait for it...his team CHEATS.
You peeps are too funny with your hate of #12, Is it because he is marketed as the golden boy? I don't get it. I am not into football, but this hate about #12 is entertaining to me!
He is hated because...wait for it...his team CHEATS.
As does he.
flan
Love you!
__________________
Sometimes you're the windshield, and sometimes you're the bug.
I don't know much about him. Just what I've picked up in passing.
To me, it's not even a thang.
__________________
A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
People always hate and want to bring down winners. If Peyton could beat Brady he'd be hated too but he just doesn't have what it takes flan. Now if you want to talk about the younger brother you might actually have an argument. If you know what that means...bawahahahaha
__________________
“Until I discovered cooking, I was never really interested in anything.” ― Julia Child ―