American Football Talk II

Last one, honest!

Kenneth Feinberg also filed a brief to the court
https://cbsboston.files.wordpress.com/2016/06/kenneth-feinberg-amicus-brief.pdf
This is important because Feinberg has for decades been a high profile arbitrator. He doesn't hold back either in his opinion of Goodall's conduct as an arbitrator.

-To permit the enforcement of the Commissioner’s award...will fundamentally erode the public’s trust and confidence in arbitration

-[T]he Commissioner’s decision here lacked even the basic hallmarks of due process — a fair process, before a fair tribunal. Decisions such as this have no credibility. That lack of credibility is only heightened here, where the non-neutral arbitrator’s key decisions consistently advantaged his own organization over the opposing party

-Until now, contracting parties have been assured that the court will ensure a baseline level of process: an opportunity to present evidence to an unbiased tribunal. The panel’s decision functionally eviscerates these protections

-Having witnessed the tremendous benefits arbitration and private dispute resolution have shown in myriad types of conflict, this would be a tremendous loss to our justice system. While arbitrators’ approaches may vary, the Commissioner’s actions were simply beyond the bounds

-[Goodell] reshaped the parties’ bargain to favor the NFL. This violates the most basic tenet of arbitration: the arbitrator’s authority is derivative of and subordinate to the contract.

-...This dynamic made it impossible for Brady to obtain fair process. The award sent a clear signal to the public about arbitration: procedural due process can be ignored

-Honest mistakes (whether errors of law or fact) are not reviewable. In contrast, unfair rulings and bias are intolerable

-The arbitrator, whose authority is derivative of the contract, cannot modify the [CBA]

-The Commissioner used the guise of arbitration to dramatically alter many of the long-standing features of the parties’ course of dealing. Substantively, he created new violations and disciplinary powers. These were objectives for the bargaining table, not to be unilaterally imposed by a biased arbitrator in the arbitration itself

-The notion that only one side would be entitled to the materials of the independent investigator is so egregious that it cannot be the result of good faith mistake — there is no provision in the CBA that could be construed to even contemplate this type of one-sided access. It is instead yet another clear indicia of the bias that permeated this proceeding

-The Commissioner impermissibly exceeded the scope of his authority in this matter. But more troubling, he used the vehicle of arbitration as a mechanism to rewrite the underlying bargain between the parties, to the sole advantage of his organization as against Brady and the Players Association. If this type of bias or capricious notions of industrial justice are upheld, the public should—and will—lose faith in the systems of arbitration and private dispute resolution that have become a parallel component of our justice system.

-Fair process before a fair tribunal cannot be an aspiration; it is an unwaivable, inviolable necessity

Well just cause the Judges said so doesn't make it correct. Lets not forget at this point its 2 for Brady 2 for Goodell. Wasn't ever going to be a surprise though when Parker voted in the NFL's favor. Man is completely anti labor .

Oh ****. Tell me how you know better than 2 courts of law........

Internet experts.

It's 1 court, and I never said I knew better, I said the numerous high profile legal experts, law professors and people who have done federal arbitration that have criticised the ruling know better.*

South - Falcons

A couple of interesting picks in there but really????

I don't think the Panthers will be as successful this season and the Falcons are the team in the best position to capitalise.

I mean I agree they probably won't be AS successful, but the Falcons have a long way to go to overtake them.

FWIW I would agree with all your AFC picks and disagree with pretty much all your NFC picks. Cowboys I understand because it's a bad division but they have so many holes, I think Washington is probably the best overall roster and the Giants have an OK chance too. The Cowboys haven't addressed their pass rush very well, don't have an amazing secondary, just had their MLB suspended for 10 games and didn't draft a new knee for Sean Lee either. In the North I think the Packers still have to be the favourite, they were insanely competitive with the absolute worst skill players on offense in the league besides Rodgers (since even the Browns had Barnidge). If Lacy pulls his finger out, Nelson is healthy and the FO makes the rest of their roster only a little below average then they're a serious contender again. In the West my heart says Arizona because they're so fun to watch but my head says Seattle because I don't really trust Palmer to be as consistent as he needs to be to power that offense.

What a surprise Atom Y homber being a prick again whats changed?

It's 2 courts now. The appeal was so frivolous nothing was asked of the league. I really don't get how people thought Brady had a chance. You cant willingly sign a contract that gives person x unlimited power and then complain when said person exercise that power. And like I said earlier those legal experts weren't the best to go by as they had a vested interested; representing Brady/ nflpa. The only unbiased body sided with the league but you chose to ignore them. I'm still baffled how people takes opinions or lawyers representing someone/ a body over a court of law. Amazing.

Its 1 court, the 2nd circuit.*

As usual, you're waffling nonsense. The experts were third party, with no affiliation to either side. Their only interest was supporting fair due process. They've pretty accurately and concisely demolished all of your arguments. The CBA doesn't give Goodell unlimited power, and it can't even if it wanted to because federal law prohibits industrial justice. It's ironic for you to dismiss me as an Internet expert when you don't even understand your own side's argument. The court didn't rule that the CBA allows Goodell to flout due process, it ruled Goodell's actions didn't constitute a breach. That's where the issues arise, because he pretty clearly does, and Judge Chin even admits Goodell does while at the same time ruling he didn't. Literally just read his ruling, it's completely contradictory.
I also notice you continue to refuse to actually respond to any of the specific issues the legal experts raised. If you think the fact alone that an historically pro-business, anti-labor court siding with the NFL actually vindicates your position then you're mad.

What a surprise Atom Y homber being a prick again whats changed?

Youre straw manning my point. My point is only one- that Goddell acted within power given to by CBA. Courts have said yes twice. That's good for me no matter what some lawyers with vested interest say. As far as I'm concerned there's no argument for that and I'll take the word of judges- those truly unbiased- over anyone.

Any other argument is really a red herring. We won't agree but I'm astonished at your dismissal of judges but acceptance of lawyers who only looked at it from Brady and nflpa's side.