PFT: Judge rejects NFL’s position on “fundamental fairness” in arbitrations

[Reality]

Judge rejects NFL’s position on “fundamental fairness” in arbitrations

Put simply, Judge Crotty doesn’t agree that the ultimate outcome of the Tom Brady case gives the NFL as much power as the NFL thinks it secured through the Tom Brady case.

Judge Crotty writes that the NFL “maintains that the issue of fundamental fairness is irrelevant” in Elliott’s case “because ‘there is no such thing as fundamental fairness review under the Labor Management Relations Act,'” and that the NFL “contends that the Second Circuit determined [in the Brady case] that fundamental fairness was not the appropriate standard for reviewing an arbitral order.” The NFL instead, as Judge Crotty points out, “asserts that the only relevant ‘issue is whether the Arbitrator even arguably construed or applied the contract,'” and contends that the Brady ruling “forecloses judicial review of arbitral decisions for fundamental fairness.”

Says Judge Crotty, point blank: “That is quite wrong.”

He adds that the Brady case “did not hold that courts cannot review arbitral decisions for fundamental fairness,” and that the Brady ruling “did not decide that issue.”

...

In English, Elliott actually has a chance to defeat the suspension.

http://profootballtalk.nbcsports.co...tion-on-fundamental-fairness-in-arbitrations/[/S]

 

[Shake_Tiller]

Three judges have now looked at the case and

Judge rejects NFL’s position on “fundamental fairness” in arbitrations

Put simply, Judge Crotty doesn’t agree that the ultimate outcome of the Tom Brady case gives the NFL as much power as the NFL thinks it secured through the Tom Brady case.

Judge Crotty writes that the NFL “maintains that the issue of fundamental fairness is irrelevant” in Elliott’s case “because ‘there is no such thing as fundamental fairness review under the Labor Management Relations Act,'” and that the NFL “contends that the Second Circuit determined [in the Brady case] that fundamental fairness was not the appropriate standard for reviewing an arbitral order.” The NFL instead, as Judge Crotty points out, “asserts that the only relevant ‘issue is whether the Arbitrator even arguably construed or applied the contract,'” and contends that the Brady ruling “forecloses judicial review of arbitral decisions for fundamental fairness.”

Says Judge Crotty, point blank: “That is quite wrong.”

He adds that the Brady case “did not hold that courts cannot review arbitral decisions for fundamental fairness,” and that the Brady ruling “did not decide that issue.”

...

In English, Elliott actually has a chance to defeat the suspension.

http://profootballtalk.nbcsports.co...tion-on-fundamental-fairness-in-arbitrations/[/S]

It is clear at this point Cowboys fans are far from alone in finding fundamental unfairness in this particular Goodell decision. If Goodell were honest with himself, he would agree.

 

[CanadianCowboysFan]

How anyone could think that the NFL could do whatever it wanted and not follow even basic fairness was always beyond me.

 

[CowboyStar88]

Judge rejects NFL’s position on “fundamental fairness” in arbitrations

Put simply, Judge Crotty doesn’t agree that the ultimate outcome of the Tom Brady case gives the NFL as much power as the NFL thinks it secured through the Tom Brady case.

Judge Crotty writes that the NFL “maintains that the issue of fundamental fairness is irrelevant” in Elliott’s case “because ‘there is no such thing as fundamental fairness review under the Labor Management Relations Act,'” and that the NFL “contends that the Second Circuit determined [in the Brady case] that fundamental fairness was not the appropriate standard for reviewing an arbitral order.” The NFL instead, as Judge Crotty points out, “asserts that the only relevant ‘issue is whether the Arbitrator even arguably construed or applied the contract,'” and contends that the Brady ruling “forecloses judicial review of arbitral decisions for fundamental fairness.”

Says Judge Crotty, point blank: “That is quite wrong.”

He adds that the Brady case “did not hold that courts cannot review arbitral decisions for fundamental fairness,” and that the Brady ruling “did not decide that issue.”

...

In English, Elliott actually has a chance to defeat the suspension.

http://profootballtalk.nbcsports.co...tion-on-fundamental-fairness-in-arbitrations/[/S]

This is going to get very interesting

 

[canters]

I am trying to not allow myself to think Zeke can win this, because it looks like he has a chance to actually prevail here.

 

[HungryLion]

From reading this article. It basically states that the NFL FLAT OUT is arguing that fairness doesn’t matter and that their contract allows them to do what they want.

So the NFL didn’t even bother trying to argue that their process was fair to begin with?

Unbelievable

 

[4lifecowboy]

Labeling someone as a woman beater without any real proof has not sit well with me from the get go. That is too much power. What has been even more disturbing is the" just take the suspension" crowd.

 

[hornitosmonster]

From reading this article. It basically states that the NFL FLAT OUT is arguing that fairness doesn’t matter and that their contract allows them to do what they want.

So the NFL didn’t even bother trying to argue that their process was fair to begin with?

Unbelievable

LOL, the NFL actually thinks they set some sort of landmark decision in the win over Brady? Arrogance at it's worst.

 

[Shake_Tiller]

From reading this article. It basically states that the NFL FLAT OUT is arguing that fairness doesn’t matter and that their contract allows them to do what they want.

So the NFL didn’t even bother trying to argue that their process was fair to begin with?

Unbelievable

Take a moment to contemplate the deep hypocrisy of Roger Goodell. Any owners who support his continuing as commissioner are equally hypocritical.

 

[lkelly]

From reading this article. It basically states that the NFL FLAT OUT is arguing that fairness doesn’t matter and that their contract allows them to do what they want.

So the NFL didn’t even bother trying to argue that their process was fair to begin with?

Unbelievable

#hubris

 

[Western]

 

[TheFinisher]

From reading this article. It basically states that the NFL FLAT OUT is arguing that fairness doesn’t matter and that their contract allows them to do what they want.

So the NFL didn’t even bother trying to argue that their process was fair to begin with?

Unbelievable

They can't argue that their process was fair because it was very clearly unfair, even their internal lead investigator testified against them.

All they have is article 46. If that doesn't hold up, they're going to lose this case.

 

[Philmonroe]

Labeling someone as a woman beater without any real proof has not sit well with me from the get go. That is too much power. What has been even more disturbing is the" just take the suspension" crowd.

I give the just take it suspension crowd some slack because they are just being selfish and or think based on previous cases that they already knew the outcome. It also doesn't help when the sports media is pumping people with this info also. I agree with you just making up stuff out of thin air doesn't seem right just on a gut level. I've always said if you have real proof cool suspend him but some just to look good stuff nah.

 

[jwooten15]

From reading this article. It basically states that the NFL FLAT OUT is arguing that fairness doesn’t matter and that their contract allows them to do what they want.

So the NFL didn’t even bother trying to argue that their process was fair to begin with?

Unbelievable

Full season lockout next CBA?

 

[links18]

From reading this article. It basically states that the NFL FLAT OUT is arguing that fairness doesn’t matter and that their contract allows them to do what they want.

So the NFL didn’t even bother trying to argue that their process was fair to begin with?

Unbelievable

That's how the law works: Before arguing the merits, argue you don't have to argue the merits.

 

[SultanOfSix]

 

[big dog cowboy]

Judge rejects NFL’s position on “fundamental fairness” in arbitrations

 

[ActualCowboysFan]

In English, Elliott actually has a chance to defeat the suspension.

To which our increasingly small cadre of couch lawyers say: fart noise.

 

[Sydla]

Crotty just slapped Goodell across the face.

Has the NFL issued a statement yet?

 

[jwitten82]

Crotty just slapped Goodell across the face.

Has the NFL issued a statement yet?

Lol thats what I was wondering, Iwanna see what those idiots have to say