Brady Files Lawsuit

[BigKen]

New Hampshire Union Leader July 30, 2015 by the Sports Exchange

New England patriots quarterback Tom Brady and the National Football League Players Association have filed the expected lawsuit seeking to void Brady's four game suspension.

The petition was filed in Minnesota district court on Wednesday and alleges that the NFL did not give Brady advance notice of the punishment and that the punishment and appeal process were unfair.

The NFLPA is expected to ask Judge Richard Kyle to rule by September 4th or to issue an injunction allowing Brady to play until the case is heard and resolved.

The NFL filed suit in New York City to confirm the suspension and to prevent the NFLPA from filing suit in Minnesota and placing the case into the hands of a federal arbitrator. Minnesota has long been a state where
professional sports penalties have been reviewed and often reduced or over turned. The New York court has not ruled and with the filing of the suit in Minnesota yesterday, it would appear to a moot point.

 

[MISKO]

Union files Brady appeal in Minnesota federal court - Yahoo Sports

"The case, however, was not assigned to David Doty, the Minnesota federal court judge who has several times ruled in favor of players in legal fights with the NFL."

It's a crap shot now it doesnt look like they got the judge that they wanted

 

[SDGuy73]

Minnesota judge kicks the case to NY.

 

[BigKen]

Minnesota judge kicks the case to NY.

The NFL filed their suit to keep the NFLPA and Brady from filing any lawsuit to counter the appeal decision. Kyle said they filed first so the venue should be in New York because Brady plays in Massachusetts, the Union is headquartered in Washington, DC and the NFL is headquartered in New York. He also said that the original suspension was made in NY, the appeal was heard in NY and the case should be heard in NY.

It doesn't matter. The case will be heard in Federal Court. Now the NFL has to play by the rules.

 

[ohiopatsfan]

NYC judge has said to both sides that the rhetoric stops and an amicable settlement that both sides can live with must be reached. Tells me that he is not ready to rubber stamp Goodell's findings. Sorry Roger!

 

[CreepCreep2014]

YA know...Fucking NFL man.....SMH. You issue a statement about a destroyed cell phone, up hold Brady's suspension and then within an hr submit paper work to the Federal Court in NY to keep it there. WOW, seems like that hearing was a waste of time and you used it get your paper work in order to file in NY. TB and crew did not even make a statement before it hit the courts. IF you are so god dam sure TB is guilty, then he should be able to file wherever he wants and you should have no problem with that. NOPE! Once again you need to cover your asses and make sure things go your way. At some point this is going to blow up in the NFL face.....I just hope its soon.

 

[BigKen]

NYC judge has said to both sides that the rhetoric stops and an amicable settlement that both sides can live with must be reached. Tells me that he is not ready to rubber stamp Goodell's findings. Sorry Roger!

Basically this judge is telling the NFL that there will be punishment if they continue to leak information like they did to Stephen A Smith 4 hours before Goodell announced his decision. You can tell he's pissed off that these types of leaks are getting into the media before any of the principals are informed.

Then he tells the LAWYERS to reach a settlement. Not the NFL or the NFLPA, the lawyers. That directive screams that the penalty will be at least reduced if he hears the case. He doesn't want this case to come before his bench because he's already read the lawsuits and most likely has read the Wells Report. Since previous equipment violations were penalized with a warning or a $25,000 fine, this penalty looks like more than a normal thing.

What people don't understand is that everything must be predictated on the acts that actually happened at the AFC Championship Games. The NFL will have to provide evidence of wrong doing, not a statement of probability.

This judge appears to be a no nonsense type of man and any BS could get either side a contempt citing.

My guess is that the NFL will not agree to any reduction or revocation and the NFLPA/Brady will not accept any suspension. The judge will suspend the suspension and Brady will play the first four game. Based on history the judge will set a trial date of sometime mid-November depending on how busy his calendar is. The NFL will take a couple of days to present their argument and the The other side will take the same. Depending on how many witnesses each side calls, you can figure another week. Then two to three days of closing arguments and then the judge has it. No one can put any pressure or push this guy around. He'll take two, maybe three week to write up his legal decision. He'll hold off until after the holidays and release his decision on Friday January 3, 2016.

I think he'll be pissed at the lawyers will examine everything with a fine toothed comb. I have a feeling both sides will be very unhappy with his decision.

 

[CreepCreep2014]

Well this will be over before the season starts. Brady plays or sits. Roger vs TB and media will be there. There will be no more investigations, just using what they have now. Glad this will be over one way or another.

 

[BigKen]

No one seems to want to touch one very important part of this upcoming hearing.

The NFLPA has charged that Roger Goodell violated the CBA. The CBA gives the Commissioner and only the Commissioner the power to penalize and fine players for misconduct or other acts detrimental to the NFL. When he let Troy Vincent penalize Brady, that was a breech of the CBA and Goodell knew it, because he wanted to hear the appeal. By having Vincent penalize Brady, Goodell could then say he was unbiased and uphold the suspension.

Problem is that if the judge finds Goodell guilty of not following the CBA and he did it on purpose, they could then say that the CBA is now invalid because the Commisiioner, the most powerful man in the NFL, knowingly chose to break the rules. The NFLPA could say that the CBA is now invalid and that the League and the NFLPA do not have an agreement in place.

Hence all the union reps are called to a special meeting. The reps are told to take a poll for a vote to strike. NFLPA says that the players deserve 65% of revenues since they're the guys making the product.

What's the NFL going to do? OH yeah, let's call Bob Kraft and his son Johnathan to take of this like they did last time. They know how this works and they'll make sure we get 45% like the last time they did it.

Whadda ya mean Bob's not answering his phone!!!!!!!

 

[CreepCreep2014]

I think this is the start of it. I think more lawsuits are filed by Brady and NE for defamation of character. Rumor is ESPN pulled Mort because they are afraid they are going to get sued. Another rumor has NFL owners pissed now, not Jones and Mara, but the others because the lawyers got involved and it costing money. This is going to get interesting. This all started out with PSI, NFL found not concrete, so they shift this to a phone.

 

[CreepCreep2014]

 

[redseat]

Since they (NFL) has to prove "wrong doing" then they are forced to admit/show that they knew about the balls possibly being deflated in the Colts game before it even started... So that could screw the league

 

[BigKen]

This whole thing could have been done professionally and with zero fanfair. Prior to the AFCCG Goodell could have sent Kraft and Irsay an email. Bob, the Colts say that your team might be using balls below the league mandated PSI. We will have people at the field to check the balls before the game starts. The balls will be set at 12 psi. The balls for both teams will be checked during the game and collected at the end of the game.

No...not Goodell. He wants to catch the Patriots redhanded doing something against the league rules. Instead, he catched one of his own executives stealing balls during the game. The game officials didn't really check the ball pressure after being fore warned. The league has people running all over the place sticking needles in the balls multiple times. After releasing multiple incorrect and wrong information to every media suck ass, the truth still has not been 100% released. The league in its infinite wisdom refused to stop "leaking" erroneous information even after they were caught by Kraft and he quietly requested that they stop.

Fast forward to August 2015. A no nonsense jurist has taken this and is tightening his choke hold on the attorneys for both sides. Although neither side is allowed to speak about the case outside the courtroom, you know that some jamoke in the NFL office is going to hear something and leak it to the New York press or ESPN.

I don't think that either side will agree to what the other side will offer and the judge will make a ruling.

 

[CreepCreep2014]

The NFL wanted BB on this one. The league thought they had BB dead to rights and this was their way of getting rid of him. Turns out, they were wrong. Spent all this money and someone needed to pay. Enter Kraft and his famous "we will accept the punishment handed to us" Boom, league got greedy, thought Kraft would tell whoever to take the punishment and that is it. Nope they went after TB, blamed him. Told him this and that, don't need the phone. Now they need the phone. This went from PSI to a phone. NFL changing course shows you they have nothing on Brady. Sad part is, I think the suspension stands. Judge will not rule against the NFL because they can punish how they want. Only way TB can clear his name is a defamation/slander suit. He can win that hands down.