I appreciate the thought, Sup, thanks. Things like legal issues are like politics, even though my opinions are the correct ones, I recognize that others may have legitimate and logical reasons to be wrong.
So no, I never take issues like this personal.
You make a reasonable point, but once again I disagree. As a strategy, I think Vilma putting everything on the table up front is one of the reasons WHY his defamation case was dismissed. He didn't build a good enough case before filing. Besides who knows the NFL might have been smarter then, and not so blatant.
By holding out using the defamation case as a cudgel, Brady increases his leverage on the NFL, especially as it becomes clearer that these delusional sons of *****es will never do the smart thing and will play hard ball whether they win or lose on Monday.
Even if Berman rules against Brady, it will be on the narrowest of technical grounds (like the OP lawyer states, the Judge will probably do so under the duress of his directive. I would be very surprised if he doesn't excoriate the NFL for its gross unfairness and malicious behavior.......and THAT will be in the public record. It won't help Brady for the first 4 games, but it WILL help in if he takes the next step.
In any defamation case the the plaintiff has to prove not only that damage has been done, but it was done maliciously and with foreknowledge that their accusations were wrong. He can do all that and more. He can finally even make the case that nothing was done in the first place and that the NFL had to know it. In this case, that critical part of the story couldn't be discussed. Finally the discovery process will expose the league office for the cesspool its become. Christ, it would be worth it if they lose, just to see the look of Goodell's face when they come asking for HIS cell phone.
I think in an open court, with a jury (especially in NE), defamation would be a slam dunk. Not only does the preponderance of the evidence support Brady's innocence, on just what little we know now can make a strong case that this was a sting operation gone out of control and the cover up that followed.damaged Tom. Imagine what smoking guns would turn up in discovery that we DON'T know about. But its late and I'm rambling, so I hope you can make sense of this.
But like I alluded to, even more important than winning, a suit opens the NFL offices to discovery and depositions, and those pukes HAVE fear that more than anything. I figure there has to be SOMEONE among them smart enough to tell them the minefield they are stepping into. A defamation suit threat could be just the thing that forces the League NOT to appeal the case if they lose on Monday. And then it TRULY may end on Monday;
I might love it if Brady wins and then kicks them while they are down with a huge defamation suit. It would be a dream come true in fact. However I fear that if he wins, Brady will shut it down and forget it. There has been enough positive media lately that he might feel he's restored enough of his reputation to want to put it all behind him and concentrate on his season. And as I alluded above, the "threat" of a defamation suit might be just the ticket to convince the NFL to quit while they're behind and move on before it gets worse. (not that I think they are smart enough to do that)
Win or lose with Berman, I think Brady has a very strong case against the NFL for malicious defamation of character. Someone in a previous thread listed the items you have to prove to win such a case. With JUST the information we got from the appeals transcripts a solid case could be made. Imagine what we'd learn in discovery and depositions. I'd make Goodell, Kensil, Giardi, Welles etc have to sit on the OTHER side of the table and answer the questions instead of asking them. I'd depose some of the key owners. I'd depose ESPN executive and reporter, like Mort and Peter King. (I'd also name ESPN, the NFLN, and various conduits of the League's propaganda testify under oath and defend the crap they've written.
As far as the season goes, while its possible, I doubt the 4 games with JG at the helm would all be loses. We'd likely win one or two. But Sup, I'd bear up under a playoffless season to tear that house down. We all should realize that we are fighting for a lot more than Tom Brady's legacy, or the Pats reputation. It gets clearer every day and with every revelation, that we are literally fighting for heart and soul of the league we love and the game we all cherish. Goodell and his cadre of sycophants have dragged the league down for several years now with bad decision after bad decision. It has to stop and this is the way.
......and I have ranted far too long and far too incomprehensibly. Forgive me. Hopefully you'll see through all this and see my point, and tomorrow I'll be more precise.