– Re: JUDGE BERMAN, the PYSCHOLOGIST on ARROGANCE, FEDERAL ELECTION GUIDELLINE...
In Reply To
An arbitrator's factual findings are generally not open to judicial challenge, and we accept
the facts as the arbitrator found them. See Westerbeke Com. v. Daihatsu Motor Co .. Ltd., 304 F .3d 200, 213 (2d Cir. 2002); see also Int'l Bhd. of Elec. Workers. Local 97 v. Niagara Mohawk Power Com., 143 F .3d 704, 726 (2d Cir. 1998).
The Court is fully aware of the deference afforded to arbitral decisions, but, nevertheless,
concludes that the Award should be vacated. The Award is premised upon several significant legal deficiencies, including (A) inadequate notice to Brady of both his potential discipline (fourgame suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to examine one of two lead investigators, namely NFL Executive Vice President and General
Counsel JeffPash; and (C) denial of equal access to investigative files, including witness
Suffice to say the rest is superfluous.
Of course and as predicted all the alleged experts cannot use any mathematical or physics formula such as the Ideal Gas law to explain the so called underinflated balls on game day against the Colts in a driving rain all day long; nor could they given the many variables previously noted.
Wait - Goodells ego & arrogance are still on the table so stay tuned for further Appeals (which brain dead Circuit Court will entertain this one?). Might we suggest that instead of pissing away another $10 million dollars that the big dummy have the NFL donate the amount he would have spent on further appeals to a worthy cause.