PFT: Brady ruling expected this week, litigation seen as inevitable

[PatsFanSince74]

Goodell has to uphold the suspension, or admit that his office made up the entire controversy.

He can't however, keep it at 4 games because he will then open himself up to all the Brady punishment is the same as Greg Hardy questions.

I think he lowers it to one or two games and gets Kraft to try and convince Brady to take it. I would be so pissed if Brady does. I think it would be easy for Brady to get an injunction, and then crush the league in court. the proble, form the league is if this drags out into the season, then Brady's team can begin to amass actual inflation data from games, which will of course prove that their was no deflation.

Kraft won't get directly involved other than in the highly unlikely event that Brady comes to him for advice, as that would be construed as Ownership "meddling" with a player in a Labor Relations matter. If Brady were to come to him for advice, Kraft would have his lawyer in the room or on the phone. Even a public statement would be out of line.

 

[raduray]

Below is a tweeter exchange I had with Michael McCann. If I understand it correctly, his point is that any injunction that may be granted by the US District Court could be appealed and overturned even before the case is heard (if it even gets that far). I had never considered that possibility.

raduray@raduray
@McCannSportsLaw If Brady loses in court partway thru season, can't he appeal and get injunction allowing him to play thru end of season?

Michael McCann@McCannSportsLaw
@raduray Probably not. If Brady loses petition for an injunction at the district court level, an appeal likely wouldn't postpone suspension.

raduray@raduray@McCannSportsLaw Brady goes to court. Gets injunction. Loses case. Appeals. If no injunction during appeal in-season, irreparable harm. No?

Michael McCann@McCannSportsLaw
@raduray If Brady gets injunction, NFL will appeal to appeals court before there's a trial (and realistically this will never go to trial).

 

[Deus Irae]

Below is a tweeter exchange I had with Michael McCann. If I understand it correctly, his point is that any injunction that may be granted by the US District Court could be appealed and overturned even before the case is heard (if it even gets that far). I had never considered that possibility.

raduray@raduray
@McCannSportsLaw If Brady loses in court partway thru season, can't he appeal and get injunction allowing him to play thru end of season?

Michael McCann@McCannSportsLaw
@raduray Probably not. If Brady loses petition for an injunction at the district court level, an appeal likely wouldn't postpone suspension.

raduray@raduray@McCannSportsLaw Brady goes to court. Gets injunction. Loses case. Appeals. If no injunction during appeal in-season, irreparable harm.

Michael McCann@McCannSportsLaw
@raduray If Brady gets injunction, NFL will appeal to appeals court before there's a trial (and realistically this will never go to trial).

If he's going to claim that "realistically this will never go to trial", he should explain himself, because it flies in face of the Peterson case.

 

[raduray]

If he's going to claim that "realistically this will never go to trial", he should explain himself, because it flies in face of the Peterson case.

Can the NFL appeal a District Court decision to hear a case before the case is heard?

 

[Deus Irae]

Can the NFL appeal a District Court decision to hear a case before the case is heard?

McCann's tweet indicates that he's he's referring to an action where the NFL would be appealing the injunction, not the decision to take the case. Whether or not the court should take the case (jurisdiction) is something that would be argued following a motion to dismiss.

 

[MassPats38]

Below is a tweeter exchange I had with Michael McCann. If I understand it correctly, his point is that any injunction that may be granted by the US District Court could be appealed and overturned even before the case is heard (if it even gets that far). I had never considered that possibility.

The case on the merits would likely not be decided this season, if it survives a motion to dismiss (which I believe it would). I believe McCann's reference to trial was that arbitration cases are typically resolved through the submission of papers and conduct of hearings necessary to facilitate a judge's review. In practice, preliminary injunctions often become the final injunctions so there is not much more to do there after the hearings on the preliminary injunction.

Regardless of the outcome on the motion for a preliminary injunction, the decision would be appealed. If Brady loses that round, then there likely would be no injunction issued preventing the suspension. A preliminary injunction is considered 'exceptional' in terms of procedures, so appellate courts leave the decision alone when the request is denied unless the trial judge is completely off base.

Could the order granting a preliminary injunction be overturned on appeal and vacated? Sure (the timing of any hearing would depend on the court of appeals and its schedule, and would likely not be done within weeks). That would probably turn less on irreparable harm (ie., money will not make the victim whole if court intervention may not be had - marquee players have a finite number of possible games and they cannot be re-done), and more on the merits of the claims underlying the case.

 

[XLIX]

I have to think an injunction would be fairly easy to get. The Legal Information Institute defines an injunction as:

"an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice"

You can't un-suspend a player once he has missed games. Oh sure, you can give him his money back, but that player has still been unfairly damaged.

I also love the fact that Brady gets to stack the deck in his favor. Brady gets to choose where to file suit.

 

[Jim Colclough fan]

Below is a tweeter exchange I had with Michael McCann. If I understand it correctly, his point is that any injunction that may be granted by the US District Court could be appealed and overturned even before the case is heard (if it even gets that far). I had never considered that possibility.

raduray@raduray
@McCannSportsLaw If Brady loses in court partway thru season, can't he appeal and get injunction allowing him to play thru end of season?

Michael McCann@McCannSportsLaw
@raduray Probably not. If Brady loses petition for an injunction at the district court level, an appeal likely wouldn't postpone suspension.

raduray@raduray@McCannSportsLaw Brady goes to court. Gets injunction. Loses case. Appeals. If no injunction during appeal in-season, irreparable harm. No?

Michael McCann@McCannSportsLaw
@raduray If Brady gets injunction, NFL will appeal to appeals court before there's a trial (and realistically this will never go to trial).

Based on McCann's responses; Brady's appeal will take place in Minnesota

 

[RobertWeathers]

it doesn't ---- you have to be bs'ing yourself to think decisions haven't been made.

I don't understand why I see so many ppl around twitter and the internet waiting on this decision --- do you ppl actually think this is in any way legit?
this is like a mexican soap opera -- just wait for the next ridiculous scripted event and we're on to court.

Yep. That's my attitude. The ruling has already been determined and the all the injunction and court filings docs are stamps and signatures.

 

[flasox27]

Yep. That's my attitude. The ruling has already been determined and the all the injunction and court filings docs are stamps and signatures.

i think the only person related to the Pats that thinks this is anything but a sham is the head Putz who trusts his buddy the commissioner.

 

[MagicMarker]

We know the league is pretty PR obsessed and I'm sure they read ProFootballTalk. So, they know they are getting some mocking before the ruling is even issued. The sad part is when listening to many national NFL reporters, they are not familiar with this case at all since the punishments were issued.

When Wells cohort (I don't remember his name) said in his press conference, it didn't matter which gauge was used because there was a statistically significant different in the PSI of the Patriots balls vs. the Colts balls, they don't seem to understand with the logo gauge the Patriots balls were almost exactly where they should be. If they can't understand that, they're hopeless.

 

[Ivan]

Ben Violin thinks the decision may come today or tomorrow.

 

[RayClay]

"expected THIS week"
Reminiscent of the ongoing "This, THIS is the week Ocho Cinquo breaks out!" threads.

C'mon. He hasn't left his room. He's been studying the playbook all offseason!

 

[MagicMarker]

This was in the comments from Florio's latest post:


3menandablog says:Jul 19, 2015 12:29 PM
Sat next to John Clayton on a flight recently. He told me it’s known that Tom Brady has been cheating for the last 8 years with the footballs. I’m sure he’ll get off still.



Once again, I ask how would he know that? Some players complaining? How would they know?

It seems likely the league had heard that, too, and attempted to sting the Patriots. The problem is, they couldn't prove it -- but they believed it so much they massaged the data until it got to the result they wanted:

The Patriots deflated the footballs by an amount less than half than would be expected to occur by nature and EXACTLY by the amount of the difference between the two gauges.

 

[TBR]

The source describes the anticipated outcome as a “sham,” with litigation to promptly follow.

So they're not expecting a complete removal of the suspension?

 

[The Gr8est]

This was in the comments from Florio's latest post:


3menandablog says:Jul 19, 2015 12:29 PM
Sat next to John Clayton on a flight recently. He told me it’s known that Tom Brady has been cheating for the last 8 years with the footballs. I’m sure he’ll get off still.



Once again, I ask how would he know that? Some players complaining? How would they know?

It seems likely the league had heard that, too, and attempted to sting the Patriots. The problem is, they couldn't prove it -- but they believed it so much they massaged the data until it got to the result they wanted:

The Patriots deflated the footballs by an amount less than half than would be expected to occur by nature and EXACTLY by the amount of the difference between the two gauges.

Someone should ask Clayton how many of those people expressing that opinion are ex-Rat employees or teams with a history of losing important games to the Pats.

John, find people other than Kensil, Giardi, or Polian to get your information from.

 

[PatsFanSince74]

This was in the comments from Florio's latest post:


3menandablog says:Jul 19, 2015 12:29 PM
Sat next to John Clayton on a flight recently. He told me it’s known that Tom Brady has been cheating for the last 8 years with the footballs. I’m sure he’ll get off still.



Once again, I ask how would he know that? Some players complaining? How would they know?

It seems likely the league had heard that, too, and attempted to sting the Patriots. The problem is, they couldn't prove it -- but they believed it so much they massaged the data until it got to the result they wanted:

The Patriots deflated the footballs by an amount less than half than would be expected to occur by nature and EXACTLY by the amount of the difference between the two gauges.

Thanks for the report.

It would be helpful if you could note how much of the information in your post is what Clayton said and how much, if any, is interpretation. For example:

"He told me it’s known that Tom Brady has been cheating for the last 8 years with the footballs." No problem understanding that you are representing that as what he said.

"I’m sure he’ll get off still." Not clear if that's what you're saying that he said or if you are stating your opinion.

"It seems likely the league had heard that, too, and attempted to sting the Patriots. The problem is, they couldn't prove it -- but they believed it so much they massaged the data until it got to the result they wanted: The Patriots deflated the footballs by an amount less than half than would be expected to occur by nature and EXACTLY by the amount of the difference between the two gauges." Again, is that what you're saying that he said or is that your opinion?

Thanks again!

 

[MagicMarker]

Sorry for the confusion. What follows is the verbatim comment from Pro Football Talk.

3menandablog says:Jul 19, 2015 12:29 PM
Sat next to John Clayton on a flight recently. He told me it’s known that Tom Brady has been cheating for the last 8 years with the footballs. I’m sure he’ll get off still.

 

[Deus Irae]

Sorry for the confusion. What follows is the verbatim comment from Pro Football Talk.

3menandablog says:Jul 19, 2015 12:29 PM
Sat next to John Clayton on a flight recently. He told me it’s known that Tom Brady has been cheating for the last 8 years with the footballs. I’m sure he’ll get off still.

Florio's commenters include a number of trolls who make things up all the time.

 

[VectorPrime]

Hmm yes Ill trust the anonymous internet commentator on Pro Football Talk as an authority on inside information.

And even if the anecdote was true, define "it's known". Because I guarantee that it's only been "known" since deflategate began and people have come out of the woodwork assuming and accusing Tom of doing it for years. If it was "known" for years someone would have done something because people have been trying to bring down Brady for years. I would bet anything it only became "known" retroactively after this whole mess began. Accuse someone of anything enough times and it becomes fact in the public conscious no matter how untrue it is.