Judge Richard M. Berman of the Federal District Court in Manhattan announced today that the Detestable Deflator Tom Brady and the Honorable NFL Commisioner Roger Goodell had failed to come to an agreement to resolve the disputed 4 game suspension of the Patriot Quaterback.
So the decision now falls to the Judge. The bottom line is that His Honor will now decide whether Tom Brady is suspend for 4 games or the suspension is lifted. There is no middle-ground.
As DonDiego explained in an earlier thread, the decision now comes down to a review of the process by which the NFL Commisioner decides the penalty for infractions of League rules. Specifically at issue is the contract provision in that process that grants the NFL Commisioner the power to arbitrate any appeal of the NFL Commisioner's ruling.
The National Football League, every NFL Team Owner, and every NFL Team Player have all signed contracts which agree to adhere to any rulings issued in accordance with these specific provisions. The correct decision appears to poor old DonDiego to be straightforward, . . . follow the written provisions which everyone has agreed to by their signatures on their contracts.
Nonetheless, the Judge may decide otherwise, . . . to the detriment of
i. contract law vis-a-vis labor relations and
ii. the game of professional American football.
DonDiego is old enough that little surprises him anymore, so he makes no prediction.
Ref: The New York Times
So the decision now falls to the Judge. The bottom line is that His Honor will now decide whether Tom Brady is suspend for 4 games or the suspension is lifted. There is no middle-ground.
As DonDiego explained in an earlier thread, the decision now comes down to a review of the process by which the NFL Commisioner decides the penalty for infractions of League rules. Specifically at issue is the contract provision in that process that grants the NFL Commisioner the power to arbitrate any appeal of the NFL Commisioner's ruling.
The National Football League, every NFL Team Owner, and every NFL Team Player have all signed contracts which agree to adhere to any rulings issued in accordance with these specific provisions. The correct decision appears to poor old DonDiego to be straightforward, . . . follow the written provisions which everyone has agreed to by their signatures on their contracts.
Nonetheless, the Judge may decide otherwise, . . . to the detriment of
i. contract law vis-a-vis labor relations and
ii. the game of professional American football.
DonDiego is old enough that little surprises him anymore, so he makes no prediction.
Ref: The New York Times