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In a major setback for the N.F.L., New England Patriots quarterback Tom Brady prevailed in his battle to have his four-game suspension overturned on Thursday..."
Judge Richard M. Berman of Federal District Court in Manhattan did not rule on whether Brady tampered with the footballs in a bid for competitive advantage. Instead, he focused on the narrower question of whether the collective bargaining agreement between the N.F.L. and the players union gave Goodell the authority to carry out the suspension. Judge Berman ruled that it did not.
The 40-page decision picked apart the N.F.L.’s case, finding a number of “significant legal deficiencies” that reflected Berman’s skepticism in recent court hearings.
Berman said Brady could not be suspended for “general awareness” of others’ conduct, as an N.F.L. investigative report determined.
“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 noncooperation with the ensuing investigation,’’ Berman wrote.
“No N.F.L. policy or precedent notifies players that they may be disciplined (much less suspended) for general awareness of misconduct by others,’’ he added.
The NFL is expected to appeal.
7 comments:
All of Brady's texts were deleted. Mysteriously! He's the Hillary of football.
Except with football - who f*ing cares?
Ridiculous- most people are sick of hearing about this. Brady and Goodell are dopes for dragging this out.
Sorry, although I am hardly an NFL fan (yawn!) I think the judge is correct. Simply put, even in the game in question the Patriots blew out the opposition even with "corrected" football inflation...in short, no advantage either way. Just what is the big deal, the big advantage? Goodell acted as prosecutor, judge, and jury in an ex-post-facto accusation with scant real evidence. Just hear-say and insinuation. The wrecked telephone?...tell me who among us would turn over our cell phone to a non-judicial clown like Goodell? It would/could contain manifestly private information Goodell was not entitled to...but I'd not have wrecked my phone, I'd just have told Goodell to go P*ss off or come and get it personally (face to face)....or bring the case to a court of law, not his little office. Goodell would have wilted.
As I said, the NFL has become a boring clown show (to me, not everyone)...but the Patriots won their Super Bowl with or without Goodell's sissy intervention. Brady was on the hook for $4 million...so yeah, I get his resistance. I'd dang sure resist a $4 million penalty...should i ever be so lucky. The NFL created their own monster and they deserve any slap down they get in their bumbling bureaucrat offices. Now put a retired solid linebacker or offensive tackle in charge and I'd listen up better....Goodell who? Who cares?
Bad ruling. It's a contract issue and the judge overruled the bargaining agreement which grants the commissioner the final authority to determine discipline.
And, no, it doesn't matter whether it is a union agreement or an individual employment contract, it's a contract, period. The judge is wrong and should be overruled on appeal. Brady was a dick for taking it to federal court after losing under arbitration, which is also in the contract.
I got this from Rush, so I know it's right.
I suspect failure theater...
I just noticed how much Brady actually looks like that bad sketch of him. Giselle has apparently filed for divorce. If Trump gets named as a co-respondent, I wonder if it will hinder or enhance his chances of winning the nomination.
Rabel ... the NFL "contract" is a joke, nothing but an owners (tax free) place to play politics. Contracts have been over-turned by the courts before and this one has effectively been done so now. Any "contract" that allows for penalty based upon perhaps someone was "aware" is ludicrous. The plain facts indicate simply that the footballs in that questioned game made no difference to Brady...the Patriots blew out the Colts in the 2nd half using the Colts footballs.
Think I am wrong about an owners club (?)...the team was fined $1 million and Brady effectively denied $4 million...so who loses? Not the ownership....otherwise responsible for their teams conduct....they'll credit when proffered, but not penalty. Simple solution would be for the profitable NFL to provide and monitor all game balls, period....but why didn't they elect to do that? Just the fact the NFL with billions in revenue is still allowed non-profit status irritates me. Same for any other major league sports enterprise...just what qualifies them as non-profit or not-for-profit? Charity endeavors? What?
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