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Old 09-12-17, 05:58 PM
cabezadecaballo cabezadecaballo is offline
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Join Date: 10-06-12
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cabezadecaballo will become famous soon enough
Quote:
Originally Posted by Sig Hansen View Post
The language the judge used in his decision was pretty awesome. Totally b-tch smacked Roger.

The Court recognizes and acknowledges that under ordinary circumstances, the denial of witnesses and documentary evidence falls within the discretion of the arbitrator. Brady II, 820 F.3d at 545 (citing United Paperworkers, 484 U.S. at 40); Am. Eagle Airlines, Inc., 343 F.3d at 405. However, the set of facts presented in this case are everything but ordinary and are such that the denial of key witnesses and documents amounts to serious misconduct by the arbitrator.

Fundamental unfairness is present throughout the entire arbitration process. Due to such fundamental unfairness, the Courtís intervention is justified. The NFLPA was not given the opportunity to discharge its burden to show that Goodellís decision was arbitrary and capricious. At every turn, Elliott and the NFLPA were denied the evidence or witnesses needed to meet their burden. Fundamental unfairness infected this case from the beginning, eventually killing any possibility that justice would be served. Accordingly, the Court finds that the NFLPA demonstrated a substantial likelihood of success on the merits.

The arbitration record shows that the NFL, at the very least, turned a blind eye to Robertsís dissenting opinion. This entire set of circumstances was put in front of Henderson. It is in this light the Court views Hendersonís decisions to exclude Thompson and Commissioner Goodell as necessary witnesses, as gross errors resulting in a fundamentally unfair hearing.
Roger does "court" like Boss Hogg.
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