Mike Reiss on What it Would Take for Zero Games For Brady

[RobertWeathers]

If Goodell does this, then there is a good chance the NFL will be up on slander as well as libel........and all those companies who have deals with Brady would also seem to have ground to seek punitive damages from the league based on the drop in the sales of Brady endorsed products.....If Brady is truly innocent, then it is pretty certain that those companies that Brady endorses will have lawyers knocking on the door of the NFL......potentially, Brady himself could be the least of the NFL's problems

Ugg v NFL

Smartwater v NFL

..and the worst of all

Gisele Bunchden Inc v NFL

 

[IllegalContact]

Ugh v NFL

Lifewater v NFL

..and the worst of all

Gisele Bunchden Inc v NFL

don't laugh.......the 50.1% isn't going to fly with these companies......I'll bet they're ready to take a dump on Goodell......

 

[PatsFanSince74]

That's why I hope to see the NFLPA make a move soon. They have to before Goodell's Kangaroo Court BS. Force the arbitration to be neutral.

It's not in the NFLPA's interest to do so. They want Goodell to hear the case because he has boxed himself into a corner. Please see my longer post above.

 

[Jackson 2]

I give a far better chance of Goodell increasing it to 8 games than reducing it to zero games. No way does Goodell wipe out the suspension. I think the most he will do is cut it to two games, but still say that he believes the Wells Report but he cannot prove that Brady did it even though he knows he did.

The suspension cannot be increased.

 

[RobertWeathers]

don't laugh.......the 50.1% isn't going to fly with these companies......I'll bet they're ready to take a dump on Goodell......

I was joking with Gisele but Ugg does $1.3b in annual revenue.

Ugg cannot be happy with this.

 

[PatsFanSince74]

If Goodell does this, then there is a good chance the NFL will be up on slander as well as libel........and all those companies who have deals with Brady would also seem to have ground to seek punitive damages from the league based on the drop in the sales of Brady endorsed products.....If Brady is truly innocent, then it is pretty certain that those companies that Brady endorses will have lawyers knocking on the door of the NFL......potentially, Brady himself could be the least of the NFL's problems

"Slander" and "Libel" are almost impossible to litigate in the case of a public figure, but I have to admit that the "endorsement value" angle is an interesting one, assuming they can show financial damages, which you are suggesting they can. Are you aware of any Case Law on it?

 

[PatsFanSince74]

Ugg v NFL

Lifewater v NFL

..and the worst of all

Gisele Bunchden Inc v NFL

As I said above, that's an interesting take in the case of UGG, Under Armour and others. Assuming they can show financial damages (which they would have to be able to do in order to pursue litigation), I wonder if there is any Case Law on this? I'm not a lawyer.

 

[signbabybrady]

don't laugh.......the 50.1% isn't going to fly with these companies......I'll bet they're ready to take a dump on Goodell......

Unfortunately I think Kraft and the team accepting penalties goes a long way to stopping this. Is it slander if the team did something that right or wrong Tom's name got dragged into?

 

[RobertWeathers]

As I said above, that's an interesting take in the case of UGG, Under Armour and others. Assuming they can show financial damages (which they would have to be able to do in order to pursue litigation), I wonder if there is any Case Law on this? I'm not a lawyer.

Totally forgot about Under Armour and their $3b in sales in 2014.

 

[JoeSixPat]

Anyone looking at this "investigation" with an unbiased eye should know this was a sham investigation

The official's "best recollection" is that no unusual deflation occurred - the rest of the circumstantial evidence of the pre-Deflate-game texts is pretty easily understood by reading this story about the extensive football prep done for Eli Manning

http://www.nytimes.com/2013/11/24/sports/football/eli-mannings-footballs-are-months-in-making.html

The problem is, as was the case with Spygate where Roger insisted on posturing as though signal filming was awful and illegal - is that Roger again insists on posturing as though football prep is not allowed or is somehow "cheating"

- though again on the manipulation of footballs that game day - the evidence shows that there was NO deflation

Roger won't do anything unless he can save face - it's really just a question of whether Brady would rather allow that to happen and allow his OWN reputation to remain sullied in return for reduced or eliminated lost games - OR whether he takes this as far as he can to have himself completely exonerated

One hopes the process could be quick enough to somehow have a judge completely un-dress Goodell and the Wells report as the witch hunt it is - AND have Brady back for Game 1 - but that might not be likely

But this is just a sham on giving Roger "more information" so he can make a different ruling - he might drop it to zero games if he can save face for himself - but if I'm Brady I'd rather wait for and push for FULL exoneration through whatever legal routes he can take, even if that means accepting a suspension for now by refusing to give Goodell an "out" that lets Goodell still look in the "right"

This is one occasion where I hope Brady doesn't adopt a "team first" approach

 

[Deus Irae]

"Slander" and "Libel" are almost impossible to litigate in the case of a public figure, but I have to admit that the "endorsement value" angle is an interesting one, assuming they can show financial damages, which you are suggesting they can. Are you aware of any Case Law on it?

The Keystone Cops nature of the investigation, complete with false leaks and really stupid public statements by the NFL, makes a defamation case more likely to succeed in this case, I would expect. At the least, it should have a fair chance to at least get into trial without an immediate dismissal.

 

[Tony2046]

I think the whole defense rests on challenging the conclusions of the ball testing at half-time. Specifically, the procedures (gauges, timing, number of balls) and the total disregard for the ideal gas law and more so, the likelihood that nobody testing even knew of the gas law and how this ignorance resulted in a faulty measurement procedure.
Renowned experts on the topic would need to be involved and attack the assertions by the group used by Wells.

They used the assumed values such as time frame, a master gauge, rain temperature etc to manipulate their findings far enough to get a conclusion of "more probable than not". IF their time frame was off by 2-4 minutes, or if they were incorrect assuming that Walt used the non logo gauge, or if the temperature of the rain was 38 deg F and not the assumed 48 deg, or if they analyzed the effects of evaporation, or or or or ....they would have came to a conclusion of "not possible" . But this whole investigation started as a result of destroying the evidence to begin with. They took the footballs in question off of the field. That was all the evidence they would ever need to prove quilt but instead they re-inflate the footballs essentially destroying the evidence. They definitely got caught off guard at the very beginning. They measured the Patriots footballs on the sideline and thought "aha, we got em" without ever knowing anything about some gas law or how weather would cause deflation. They then take the footballs into the locker room and shockingly realize that some of the colts footballs were also deflated below regulation. They probably tested all 12 of the colts footballs but decided to keep those additional readings to themselves because it would be more damning to their silly little sting operation. What a bunch of crap. Take this to court because even in a wore case scenario this report is weak.

 

[Tony2046]

Can we stop with the Brady is guilty because he didn't hand over his phone thing? Do you think that would have made any difference? Hell no. Brady gave a 30 minute long press conference. He answered all the questions as did many other Patriot employees. Wells knew he had a weak report and wanted to add to it. If you can create guilt with the word "deflator" taken out of context which happened months prior to the investigation, what would he do with Brady's phone? Further more I do not buy the "all Brady had to do was read the pertinent messages to wells. Wells would have still phrased that as a lack of cooperation as well as further proof that Brady was lying. So get over the phone thing. The science is all you need to look at. Words like "dorito dink" and "deflator" only mean something if the science proved something was done and it doesn't.

 

[PatsFanSince74]

The Keystone Cops nature of the investigation, complete with false leaks and really stupid public statements by the NFL, makes a defamation case more likely to succeed in this case, I would expect. At the least, it should have a fair chance to at least get into trial without an immediate dismissal.

From your lips to God's ears. If there were an icon for "I hope you're right," I'd have clicked it for your post, but you'll have to settle for a "Useful."

 

[flasox27]

I don't see Kraft telling/threatening TB to call off the dogs. I think he may have probed him to understand how committed he is to the fight.

Kraft is obviously an owner. He has demonstrated that while his heart may be on Brady's side, every other fiber that he is made of is with Goody, what he think is best for the Pats and the other owners.

I beg to differ. I don't put any thing past Kraft now after his last pathetic display. I firmly believe if the POS told him to pressure Brady for the good of the league he would without a second thought. Kraft does what he thinks is best for him and the league. Anything else including the team and the fans is not even in the picture sadly.

 

[PatsFanSince74]

Totally forgot about Under Armour and their $3b in sales in 2014.

As with UGG, Brady has an equity stake in the company as well.

 

[PatsFanSince74]

Damn right it's his legacy...and part of that legacy is not to sell out his peers by turning over his phone out of self-interest.

I can't tell you how much the "turn over his phone" thing pisses me off. It's a question of fundamental privacy...there's no way he should ever turn it over for any reason. Period, full stop.

Not to mention, the CBA. The only conditions under which he should turn it over would be as part of the Discovery Process if he takes the NFL to Court after the Kangaroo Appeal to Goodell. Of course, he would demand that Kensil, all other NFL officials and Ravens and Colts officials also turn their phones over as part of the process.

 

[skinnydog]

Maybe he should take off his pants and bend over too. You know, goodwill and all.

Kraft already played that role

 

[1960Pats]

I hope they sue and Kraft has to pay each of them $1,000,000

Kraft will be able to easily cover that for a number of reasons.
1 - He won't have to pay 1/4 of Brady's salary in 2015.
2 - He won't have to pay a 1st round pick in 2016.
3 - He won't have to pay a 4th round pick in 2017.
4 - He'll save the $10 an hour he was paying the two employees that were let go.
5 - The lawyer's fees will be much less than if he fought the NFL.
Am I missing anything?

 

[1960Pats]

Kraft already played that role

He played it perfectly too.
Is that typecasting?