Well it was definitely an interesting day in the courtroom as the Deflategate appeal took place starting at 2 PM. Brady was not in the courtroom today as expected and was represented by Jeffrey Kessler. The early reports are saying it was not a good day in the courtroom for Brady as 2 of 3 judges seem to favor the NFL, based on the questions asked. Both sides of the table took a ton of questions but I am hearing that the Brady legal team got questioned more harshly.
One thing that did go in Brady’s favor was that one judge questioned Clement about Goodell considering new information at the original hearing. Instead of only reading the Wells Report. But it could be a long time until we hear an answer, some are saying it could take up to five months.
Below are some of the best tweets about what was said at the appeal. Most tweets are by Michael Hurley of CBS Boston (@michaelFhurley)
My inital take on the NFL appeal hearing: NFL's likely confident it will win 2 to 1. The judges focused on giving high deference to Goodell.
— Michael McCann (@McCannSportsLaw) March 3, 2016
https://twitter.com/MaxLaw360/status/705468319017598976
Clement argued that sports arbitrations are very different, and the commissioner therefore is best-suited to solve disputes.
— Michael Hurley (@michaelFhurley) March 3, 2016
Judge Katzmann hit Clement with some questions about the gifts to McNally/Jastremski. No evidence saying gifts were inducements.
— Michael Hurley (@michaelFhurley) March 3, 2016
https://twitter.com/MaxLaw360/status/705476562431438850
*The lie, by the way, was that Brady said his talks with JJ were ONLY about ball preparation for SB. In fact, he said they discussed reports
— Michael Hurley (@michaelFhurley) March 3, 2016
Kessler spent a lot of time arguing that the arbitrator can ONLY rule on the initial decision and CANNOT weigh new evidence in hearing.
— Michael Hurley (@michaelFhurley) March 3, 2016
Kessler on Goodell: "He does not have blanket authority. All the case law says it must be looked at in the CBA."
— Michael Hurley (@michaelFhurley) March 3, 2016
https://twitter.com/MaxLaw360/status/705479234232389633
Kessler also said "I have to accept the facts" found by Wells. That could turn into a big story on its own, but in context, not really.
— Michael Hurley (@michaelFhurley) March 3, 2016
https://twitter.com/MaxLaw360/status/705472609996185600
The end of that Parker quote, on arbitration procedures: "It's sometimes even down and dirty."
— Michael Hurley (@michaelFhurley) March 3, 2016
Kessler argued adamantly that it was fundamentally unfair for Paul Weiss to be investigators AND arbitration lawyers.
— Michael Hurley (@michaelFhurley) March 3, 2016
CHIN: How do we second-guess on procedural issues in light of the deference?
JK: If you believe it's minor issue,then you don't second-guess— Michael Hurley (@michaelFhurley) March 3, 2016
https://twitter.com/MaxLaw360/status/705476109132025857
In Clement's rebuttal, he said Brady wasn't "blind-sided" by destruction of phone popping up in hearing. Lack of texts was in initial ruling
— Michael Hurley (@michaelFhurley) March 3, 2016
Paul Clement, for NFL, actually said this: "It would be an awful shame if this had to hang over the head of the league for another season."
— Michael Hurley (@michaelFhurley) March 3, 2016
https://twitter.com/MaxLaw360/status/705480649168261121
https://twitter.com/MaxLaw360/status/705481878212636672
Even if the appellate court reverses Judge Berman, they might remand it too, meaning everyone's back in Judge Berman's court for the sequel.
— Michael McCann (@McCannSportsLaw) March 3, 2016
Keep checking back for more tweets and updates!
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