– Re: JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINE...
In Reply To
Now, as to his ability in labor law relative to unions, let's see how his Honor does with the art & science of inflating and deflating footballs in the NFL with the NFLPA's suit transferred back to the S.D.N.Y. This should be a great read.
Let's dispose of the alleged, yet proven 'art & science' of inflating and/or deflating footballs in the NFL.
* Every ball used throughout the playoff's are individually hand made & sewn.
* Each ball has a bladder which most probably has never been run through testing at Underwriters Laboratories (U.L.).
* Each ball is made of premium leather, albeit from different cows with differing DNA structures and grain throughout the hide selected.
* Each ball is indiviually put together, sewn & strung by humans.
* Factor in the weather - such as outside air temperature, dewpoint, humidity and field conditions on game day; wet, dry, snow, sleet, rain & wind and how many times player 'x' or multiple players fall on the ball or how many pig piles there are during the course of a given game & the weight of each player involved in each play & you get the idea...
* Factor in how many times each ball was handled & cycled through the game. Were they all dried uniformly to a definitive std.?. Were some balls dried by artifical means while others were not or were they all hermetically sealed within a contained environment with a known level of temperature & humidity; or were they just handled roughshod however the referees & ball boys happen to think best on a given play during gametime?
* Who inflated the 12-balls prior to game time and what specific equipment was used and which independent expert laboratory last certified the equipment & gages?
* Factor in the time each team spends running plays on the ground or in the air, the number or punts, fumbles, passes, field goals and kick-off's and then how many bodies land on the ball during each play that said ball (1 of 12 is in play) & what each player weighs, the time said player impacted the ball in play & the amount of force applied to it (whether at full speed or slow motion) for every play start to finish; and then review how the other 11-balls are treated when not in play.
Ok, now let's see Judge Berman or anyone else apply a definitive math and/or physics type formula to these phony allegations given all the variables noted above & those I've missed. It cannot be done to any level of mathematical or legal certainty - period.
Add to that the fact that only one ball in 12-total was found to be 'under-inflated' by 1/2 pound p.s.i. under the 12.5 p.s.i. base standard. Pete Godell's alleged case falls apart at the seams right here under every standard within civil law.
All this before Judge Berman even considers the CBA or its contents notwithstanding any motions or briefs filed to date by either side (motion to uphold, motion to vacate) let alone precedent from any court in the land. NFL Commissioner Pete Godell cannot be the judge, jury & executioner under any arbitration scenario and he & his attorneys should have recused themselves from that aspect of this case as it is a mockery of our federal constitution and of justice.
Seems this one is an obvious no brainer and that pending normal court scheduling under Judge Bermans local court rules, that a temporary injunction must issue pending trial, unless each side reaches settlement prior to trial.
Anyone paying a million dollars to the NFL on these basic facts is a complete & utter fool. What Goddell did based on his alleged facts & alleged expert testimony is farcical at best and leans toward criminal extortion. He can't prove a damn thing, so for me I cannot wait to read the briefs from each side or Judge Bermans rulings throughout the process and I hope they go to trial to that end.
Ethics I don't advocate executing anyone & certainly not a judge, so let that be very clear up front.