Quote:
Originally Posted by Amnorix
Ugh. I deleted my post mocking you because you changed yours.
First, the judge can't NOT take the case. He doesn't get to just not take cases. Only the SCOTUS can do that.
Second, yes, I'm sure about this. Goodell could revisit the process and try to fix the procedure and possibly fix the issues that Berman cites, but if the penalty is vacated, then it's gone, and Goodell is sort of back to square one.
Or he can (and almost certainly will) appeal to the Second Circuit.
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The case had been decided by an arbitrator so yes, my understanding is the judge could have said, in essence, the case has already been decided by an arbitrator.
Please note:
First, he actually decided to take the case on. That's rare enough when dueling parties have previously contractually agreed to allow disputes to be handled by arbitration. But rather than punting the case immediately, as I and other legal analysts figured would happen, Berman has tolerated multiple briefings and hearings, with more to come.
http://espn.go.com/espn/otl/story/_/...iots-tom-brady