Deflategate is Back!

[Stinky Wizzleteats+]

NFL launches Brady appeal process

Posted by Mike Florio on September 17, 2015, 10:19 PM EDT

AP
Two weeks after Judge Richard M. Berman overturned the Tom Brady suspension, the NFL has commenced the process of getting Judge Berman’s ruling overturned.

Via multiple reports, the NFL has made its initial filing of materials in support of the appeal, which technically began the same day Judge Berman issued his decision. But the “notice of appeal” is a one-page kick-start that sheds no light on the case; Thursday’s paperwork provides some insight regarding the league’s planned attack on the ruling.

As attorney Daniel Wallach explained to USA Today, the submission includes a statement by the NFL of the specific issues presented in the appeal. And, as Wallach notes both in the article and at his Twitter feed, the NFL has crafted the issues in a way that attempts to ensure the use of what’s known as “de novo” review for the entire appeal — which means that the judges in the appeals court would decide the case from scratch, without deferring to any of the factual findings made by Judge Berman.

Ultimately, the outcome of the appeal could hinge on the luck of the draw. With 22 judges assigned to the U.S. Court of Appeals for the Second Circuit, three will be randomly assigned to the case; if only two agree with the NFL’s position, the NFL will win.

Which could then result in further proceedings and appeals and, potentially, a final ruling after Tom Brady has retired

[Lightningwill_420]

NFL launches Brady appeal process

Posted by Mike Florio on September 17, 2015, 10:19 PM EDT

AP
Two weeks after Judge Richard M. Berman overturned the Tom Brady suspension, the NFL has commenced the process of getting Judge Berman’s ruling overturned.

Via multiple reports, the NFL has made its initial filing of materials in support of the appeal, which technically began the same day Judge Berman issued his decision. But the “notice of appeal” is a one-page kick-start that sheds no light on the case; Thursday’s paperwork provides some insight regarding the league’s planned attack on the ruling.

As attorney Daniel Wallach explained to USA Today, the submission includes a statement by the NFL of the specific issues presented in the appeal. And, as Wallach notes both in the article and at his Twitter feed, the NFL has crafted the issues in a way that attempts to ensure the use of what’s known as “de novo” review for the entire appeal — which means that the judges in the appeals court would decide the case from scratch, without deferring to any of the factual findings made by Judge Berman.

Ultimately, the outcome of the appeal could hinge on the luck of the draw. With 22 judges assigned to the U.S. Court of Appeals for the Second Circuit, three will be randomly assigned to the case; if only two agree with the NFL’s position, the NFL will win.

Which could then result in further proceedings and appeals and, potentially, a final ruling after Tom Brady has retired

Judge Berman?

This

could

go

all

the

way to the Supreme Court. I'm predicting Justice Big Man Clarence "Ain't No Clemons" Thomas finds a Raiders fan pubic hair in his Coke and calls it a dream come true.

Nobody circles the wagons like Justice Anthony "Don't say Chappaquiddick" Kennedy, who will want the NFL to pay those bills.

But - tick tick tick tick - look who has snuck back into the court room - Former Justice Sandra "I wish it were Sun" Day O'Connor. It's the luck o' the Irish. Look at Kennedy's face - he knows what's in store for Brady now.

A 5-4 decision in overtime - Marsha Marsha Marsha Tom Brady's going down - 4 game suspension and he has to make out with closeted gay Justice Marc Antonin Scalia.

[sandiego17]

4 game suspension and he has to make out with closeted gay Justice Marc Antonin Scalia.

Whew, I thought i was going to read Ruth Bader Ginsburg, or worse, Kagan. Thanks for keeping it clean.

[Lightningwill_420]

Whew, I thought i was going to read Ruth Bader Ginsburg, or worse, Kagan. Thanks for keeping it clean.

Scalia is pretty hot for a Cowboys fan.

[Stinky Wizzleteats+]

http://profootballtalk.nbcsports.com/2015/09/18/no-excuse-to-be-deflated-at-bills-patriots-game-sunday/

[Stinky Wizzleteats+]

And it's back again!

NFL files appeal brief, says Brady “participated in a scheme to deflate game balls”

Posted by Mike Florio on October 26, 2015, 8:25 PM EDT

AP
If the #DeflateGate controversy has placed a chip on the shoulder of Patriots quarterback Tom Brady, the chip has just gotten a lot bigger.

On the first page of the first written brief submitted by the NFL to the U.S. Court of Appeals for the Second Circuit, the NFL states that Commissioner Roger Goodell suspended Brady for four games “after finding that Brady had participated in a scheme to deflate game balls to be used in a conference championship game.”

“The scheme was aimed at gaining an unfair competitive advantage on the field,” the NFL contends, “and it was devised to avoid detection by game officials. It struck at the heart of the game’s integrity and the public’s confidence in the NFL’s on-field product.”

The rest of the 59-page brief, aimed at overturning the ruling of Judge Richard M. Bermanm echoes many of the arguments made and conclusions reached by the NFL through various levels and types of proceedings. The NFL still believes Brady cheated; if anything, the statements have become more brazen over time, with Brady’s alleged “general awareness” of a scheme to deflate footballs now evolving into a contention of actual participation in the scheme during the AFC title game, absent any clear evidence that Brady either knew about or actually become directly involved in any such scheme, at any time.

At page 10, the NFL’s brief declares that Jim McNally “snuck the balls into a bathroom, where he proceeded to deflate their pressure.” Apart from whether there was any actual “sneaking” (given the presence of, you know, a surveillance camera and McNally’s toting of a large bag of balls into the bathroom without trying to stuff it into his pants or jacket), the evidence remains inconclusive at best that McNally removed air from the balls. If he had, the combined effect of removing air plus the operation of the Ideal Gas Law would have resulted in PSI readings dramatically lower than the readings generated at halftime by a pair of wildly inconsistent air-pressure gauges.

That very point has been lost on the NFL from the moment this controversy first emerged, and it’s still lost on the NFL today. Which could be one of the main reasons why the NFL lost in court — and one of the main reasons why it could lose on appeal.

[6025]

SI mulls over the appeal...

http://www.si.com/nfl/2016/03/03/deflategate-appeal-nfl-tom-brady-roger-goodell?xid=si_social

[Faded blues]

This is still the nfl's fault for allowing the qbs to alter the balls in the first place.

[bonehead]

Here's an interesting article:

http://www.msn.com/en-us/sports/nfl/court-debate-may-lead-to-deflategate-suspension-for-brady/ar-BBqi6yT?li=BBnb7Kz&ocid=DELLDHP

The 2nd U.S. Circuit Court of Appeals in Manhattan gave a players' union lawyer a tough time, with Circuit Judge Denny Chin even saying evidence of ball tampering was "compelling, if not overwhelming," and there was evidence to support a finding that Brady "knew about it, consented to it, encouraged it."

[bonehead]

from the article


"An adjudicator looking at these facts, it seems to me, might conclude that the cellphone had incriminating information on it and that, in the teeth of an investigation, it was deliberately destroyed," Parker said. "So why couldn't the commissioner suspend Mr. Brady for that conduct alone?"

[bonehead]

I hate this line of questioning from the one Judge:

"What's the advantage you get from an underinflated football?" he asked


Me:


Does it matter what or how much advantage you gain from altering rules, equipment etc.....??????

Think about it, did anyone decide to look over the film that the Patriots recorded illegally to see if it really actually would have helped them?? HELL NO!!!

If the degree to which the cheating was successful or not was the barometer used to hand out fines and suspensions then they might have a point.

A good example is the Saints who by the way not only lost a draft pick but had their coach and GM suspended. Stats during a three year stretch of supposed New Orleans bounties show that the Saints were in the bottom five of the league in causing injuries to other teams, so much for their bounty philosophy having an impact.....the #1 team in causing injuries those years:::: Denver.... #32 The Chargers....LOL

I've seen the evidence about this and of course it is flawed in some ways, there are many ways to take into account how injuries occur. But it really shouldn't matter, the bottom line is did you cheat to gain an competitive advantage and for the Patriots and Brady the answer is yes, who cares if it helped or not.

[KNSD]

"Brady altered his balls"