Ghost12
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Brady's legal filing did include the above but it was certainly not the only piece of his argument. They also included arguments relating to fundamental fairness, evidence and witness exclusion (just like Elliott).They ran to NY in the Brady case first for the same reason and the cases are completely different
Brady was ruling that the punishments weren't clearly explained before hand, that is was a simple equipment violation and other similar cases got monetary fines only
With all due respect, you've obviously never read the Brady filing because his argument included all those points.Zeke is saying he was railroaded by the process and wasn't allowed to even present a fair case.....something Brady never offered...
In fact, if you sit down and read the Brady filing side by side with the Elliott filing, you will see how similar they are.
Brady claimed the exact same thing. The CA2 Brady ruling addressed this very point when they wrote (direct quote):Zeke is claiming they hid evidence and didn't allow him to call necessary witnesses......
"It is well settled that procedural questions that arise during arbitration, such as which witnesses to hear and which evidence to receive or exclude, are left to the sound discretion of the arbitrator and should not be second‐guessed by the courts."
It is just not a strong legal argument to tell a court "OK we know you clearly stated the arbitrator can decide which witnesses to hear and what evidence to exclude, but our case is different darnit!" (Please note I am not saying it never works, just that it is not a strong legal argument)