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I haven't studied the merits, but from what I read, everyone is saying it is an uphill battle. I am surprised that the NFL doesn't just settle for some slap on the wrist/no suspension at this point.

The time for a settlement is over. The opportunity was before the judge made his ruling. Brady and the NFLPA aren't going to concede a penny in punishment. Brady and his team were willing to pay a fine for a lack of cooperation but after the ruling they walked away from the table with their unqualified victory. While Roger continues with his legal efforts Brady is concentrating on preparing for the next game.

Posted

 

The entire process, however, will take that long. Initial briefing typically takes at least two months (30 per side), then the case has to be calendared for argument or consideration, which will normally be an additional few months in the future, then, once the case is heard or considered, the decision has to be drafted and issued, which, for even a short, unpublished opinion usually requires an additional few months.

Assuming that the case is heard by the panel could they just make the decision that this case doesn't merit a ruling by them and simply rule that the initial ruling stands without much commentary? Or another way of putting it if the members don't belief that there are worthy legal issues to be addressed then they won't even bother to respond to the issues raised.?

Posted (edited)

Assuming that the case is heard by the panel could they just make the decision that this case doesn't merit a ruling by them and simply rule that the initial ruling stands without much commentary? Or another way of putting it if the members don't belief that there are worthy legal issues to be addressed then they won't even bother to respond to the issues raised.?

 

They can, but it's not particularly common for federal appellate courts to do so. Typically the court will issue some kind of opinion, though the length depends upon whether the court believes that the opinion will have any value to a wider audience than the immediate parties to the case, which generally depends upon whether the legal issues at play are well-settled or not.

 

This article suggests that it occurs about one in every seven cases, but that the vast majority of these opinion-less dispositions are coming from two courts: the Eighth and Ninth Circuits.

http://www.sixthcircuitappellateblog.com/news-and-analysis/the-trend-toward-the-use-of-summary-dispositions/

Edited by Go Kiko go
Posted

probably the last 4 games of the season (Texans, Titans, Jets, Dolphins) after they are already 11-1 and they would be resting starters and playing Garappolo anyways for the last couple

More likely preseason games.

Posted

 

They can, but it's not particularly common for federal appellate courts to do so. Typically the court will issue some kind of opinion, though the length depends upon whether the court believes that the opinion will have any value to a wider audience than the immediate parties to the case, which generally depends upon whether the legal issues at play are well-settled or not.

 

This article suggests that it occurs about one in every seven cases, but that the vast majority of these opinion-less dispositions are coming from two courts: the Eighth and Ninth Circuits.

http://www.sixthcircuitappellateblog.com/news-and-analysis/the-trend-toward-the-use-of-summary-dispositions/

Thanks. I appreciate your response. You are the go to guy on the legal issues involved in this case. :thumbsup:

Posted

@AlbertBreer: Per court docs, NFL filed for an expedited hearing schedule on Brady with 2nd circuit. Oral arguments may come as early as January.

 

@MikeGarafolo: As mentioned a few mins ago on @AmericasPregame, NFL has filed for expedited Brady hearing in court. Potentially hearings in January.

 

@RapSheet: Brady case schedule: Opening briefs on Oct. 26; Response due Dec 7; Reply due Dec 21. Oral arguments requested for Jan, 2016 if sked permits

Posted

@AlbertBreer: Per court docs, NFL filed for an expedited hearing schedule on Brady with 2nd circuit. Oral arguments may come as early as January.

 

@MikeGarafolo: As mentioned a few mins ago on @AmericasPregame, NFL has filed for expedited Brady hearing in court. Potentially hearings in January.

If granted expedited process initial hearings in January really does sound threatening to this year.... Great job by this NFL source

Posted

playoffs, anyway ... Wow

that would be for oral arguments, not a decision date.

 

i would be SHOCKED even if the accelerated timeline is granted if we saw a decision fast. especially one overturning everything.

Posted (edited)

that would be for oral arguments, not a decision date.

 

i would be SHOCKED even if the accelerated timeline is granted if we saw a decision fast. especially one overturning everything.

This. Even if they hold argument in January, that opinion won't be out until late in the spring, at the earliest. Regardless, I don't think the court is going to grant this request to expedite the appeal.

 

The possibility for irreparable harm in this case was that a player was facing the possibility of being subjected to punishment that could later be found to be invalid. That crisis has been averted. I don't think the Second Circuit will be particularly moved by concerns about Tom Brady having to fret over whether or not he'll be subject to some league-imposed discipline during the 2016 season.

 

As one authoritative commentator on federal practice and procedure puts it, courts may expedite appeals under

 

"extraordinary situations, involving either the public interest or the concerns of expeditious judicial administration, where it becomes inappropriate to follow the 'sometimes-leisurely pace' established by the Rules."

 

I don't think this is an "extraordinary situation," and I would be surprised if the court grants the motion to expedite the case.

Edited by Go Kiko go
Posted

probably the last 4 games of the season (Texans, Titans, Jets, Dolphins) after they are already 11-1 and they would be resting starters and playing Garappolo anyways for the last couple

The Pats* have never rested starters, even the season they went 18-1, as long as BB has been coach.

Posted

The Pats* have never rested starters, even the season they went 18-1, as long as BB has been coach.

They did vs us last yr. Brady only played into the 2nd quarter and he was mainly just handing the ball off

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