cowboyjoe
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http://profootballtalk.nbcsports.com/2011/03/14/brady-case-expected-to-nudge-closer-to-doty/
Moreover, this is a new case. The White case is over. If, indeed, it’s permissible for Judge Doty’s former law clerk and a self-described “Special Master” in the White litigation to represent the players in the Brady case, why shouldn’t Judge Schiltz keep the Brady case?
This thing is starting to seem a little too convenient. Unless Judge Schiltz himself personally represented the NFL in the White case, there seems to be no reason for Judge Schiltz to abandon the Brady case. To a neutral observer with some understanding of how the legal system works, there’s a chance that Judge Kyle (whose recusal looked like a stretch, given that he left the firm that locally represents the NFLPA* in 1992) and Judge Schiltz are simply getting out of the way, out of respect for Judge Doty — or possibly at his subtle (or not-so-subtle) insistence. Both Judge Kyle and Judge Schiltz could easily justify the move to dump the Brady case by pointing to the fact that Judge Doty has extensive knowledge and experience regarding the issues. There’s also a chance that neither Judge Kyle nor Judge Schiltz are interested in having such a high-profile and potentially controversial case land on their dockets.
Still, the rules regarding recusal are clear, and the fact that Judge Kyle merely cited the relevant portion of the U.S. Code without explaining the reasons for stepping aside makes us wonder whether Judge Kyle, and perhaps Judge Schiltz, are applying an intentionally broad reading of 28 U.S.C. § 455 in order to dump the case.
Moreover, this is a new case. The White case is over. If, indeed, it’s permissible for Judge Doty’s former law clerk and a self-described “Special Master” in the White litigation to represent the players in the Brady case, why shouldn’t Judge Schiltz keep the Brady case?
This thing is starting to seem a little too convenient. Unless Judge Schiltz himself personally represented the NFL in the White case, there seems to be no reason for Judge Schiltz to abandon the Brady case. To a neutral observer with some understanding of how the legal system works, there’s a chance that Judge Kyle (whose recusal looked like a stretch, given that he left the firm that locally represents the NFLPA* in 1992) and Judge Schiltz are simply getting out of the way, out of respect for Judge Doty — or possibly at his subtle (or not-so-subtle) insistence. Both Judge Kyle and Judge Schiltz could easily justify the move to dump the Brady case by pointing to the fact that Judge Doty has extensive knowledge and experience regarding the issues. There’s also a chance that neither Judge Kyle nor Judge Schiltz are interested in having such a high-profile and potentially controversial case land on their dockets.
Still, the rules regarding recusal are clear, and the fact that Judge Kyle merely cited the relevant portion of the U.S. Code without explaining the reasons for stepping aside makes us wonder whether Judge Kyle, and perhaps Judge Schiltz, are applying an intentionally broad reading of 28 U.S.C. § 455 in order to dump the case.
DAL @ GB
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