gtfanboy
2nd Team Getting Their First Start
- Joined
- Apr 15, 2010
- Messages
- 1,733
- Reaction score
- 1,354
Is that True? The NFLPA cannot file in Minn?
I thought they already said they will file in Minnesota
Registered Members experience this forum ad and noise-free.
CLICK HERE to Register for a free account and login for a smoother ad-free experience. It's easy, and only takes a few moments.Is that True? The NFLPA cannot file in Minn?
How? Don't make general ******** statements and not give any reasoning behind it.
So they dropped the ball because the nfl was filing something in ny federal court just as they announced that the suspension was being upheld? What were Brady's lawyers suppose to do have a guy camped out in the Minnesota court every day for the last month?
Man if they make it to Minny Goodell is toast. Even if it's in New York....I don't see how anybody could honestly let the NFL win. Their case is severely and tragically flawed.
Man if they make it to Minny Goodell is toast. Even if it's in New York....I don't see how anybody could honestly let the NFL win. Their case is severely and tragically flawed.
There are no guarantees when it comes to courts.
Separately, the NFL petitioned the U.S. District Court for the Southern District of New York to uphold the lawfulness of Goodell’s decision late on July 28. The NFL made this preemptive legal maneuver to make it more difficult for Brady to seek relief from the U.S. District Court for the District of Minnesota, where U.S. District Judge David Doty—who is considered player friendly—could hear a case. If Brady now files in Minnesota (or Massachusetts), it could take weeks before the courts agree on where a case is heard. The NFL would insist that New York is a more appropriate forum given that the NFL is headquartered there and that neither Brady nor the facts in Deflategate have obvious ties to Minnesota; Brady and the NFLPA would contend that Judge Doty has traditionally heard labor disputes in the NFL. The NFL would also stress that the court of the first filing (in this case the court in New York) is often chosen when there are similar lawsuits filed in different jurisdictions. Brady and the NFLPA, however, would portray the NFL’s first filing as a mere scheme to prevent Brady from filing in Minnesota.
Here is Michael McCann's write up on the venue:
http://www.si.com/nfl/2015/07/28/tom-brady-roger-goodell-deflategate-suspension-upheld
What were Brady's lawyers suppose to do have a guy camped out in the Minnesota court every day for the last month?
We've got a Supreme Court that routinely uses the U.S. Constitution to wipe its collective ass. Anything is possible in modern U.S. jurisprudence.
If Brady and the Union do file in Minnesota, one question is whether the “first to file” doctrine would mean the NFL’s preemptive strike would cause it to prevail in a battle of the courts. As our learned colleague Daniel Wallach points out, however, “courts have departed from a 'first-to-file' rule where one party files its lawsuit in anticipation of an impending suit by the opposing party.” That would certainly be the case here since the NFL had no good reason to file first other than to anticipate that Brady would file in an unfriendly jurisdiction.