Patriots make major update to Wells Report In Context site

[RobertWeathers]

Are we to believe Kraft is paying his lawyers to write such a treatise just to update the web site for our amusement?

Thats what I keep asking myself. I'm saying on this board that they are doing this for posterity's sake and to help TB12's public image and maybe educate the judges.

But Goldberg is BIG bucks. They could have hired some flunkie from Suffolk Law to go through TWR and do this.

Bob must has a long term strategy. I just don't know what it is but if history and his actions are any indication, its to take Goody out for ice cream and say how upset he is.

 

[FrodoBagginz]

Bob Kraft is Hans and the NFL is Kim Jong-Il

"We will be very, very angry with you. And we will write you a letter telling you how angry we are."

 

[Mack Herron]

What else can he do with it?
Any attempt at action is disqualified by not following his legal right to appeal the penalty.

Kraft is paying money to be able to point to something when the Patriots are called cheaters.

That is the most obvious possibility, but as @robertweathers points out, he could have paid a clerk to do that. I associate expensive outhouse attorneys with larger endeavors.

 

[Ivan]

Are we to believe Kraft is paying his lawyers to write such a treatise just to update the web site for our amusement?

It could be just to placate the fans or it could be to send the league a message but it's hard to see a way for them to challenge the league in court given the fact that Kraft gave up any appeal. Regardless I still want them to do anything they can to embarrass the league office.

 

[Ring 6]

That is the most obvious possibility, but as @robertweathers points out, he could have paid a clerk to do that. I associate expensive outhouse attorneys with larger endeavors.

Well, it is the staff attorney, so it costs him nothing.
What do you think he can do?

He can't appeal, he chose not to and the time frame is up.
He can't sue, because he didn't exhaust his rights to appeal.
He gave away all of his recourse in the name of the 32.

 

[Ring 6]

Thats what I keep asking myself. I'm saying on this board that they are doing this for posterity's sake and to help TB12's public image and maybe educate the judges.

But Goldberg is BIG bucks. They could have hired some flunkie from Suffok Law to go through TWR and do this.

Bob must has a long term strategy. I just don't know what it is but if history and his actions are any indication, its to take Goody out for ice cream and say how upset he is.

I think Goldberg is a team employee, is he not?

 

[Mack Herron]

Well, it is the staff attorney, so it costs him nothing.
What do you think he can do?

He can't appeal, he chose not to and the time frame is up.
He can't sue, because he didn't exhaust his rights to appeal.
He gave away all of his recourse in the name of the 32.

He is not staff:
Daniel L. Goldberg

Daniel L. Goldberg
Partner
Daniel L. Goldberg has a broad commercial litigation practice with a focus on antitrust, intellectual property, and franchise cases, and tries cases and argues appeals in courts around the country. He acts as lead national and regional litigation counsel in complex franchise matters and serves as lead litigation counsel for the New England Patriots and the Boston Red Sox. He has both jury and bench trial experience in a wide variety of cases.

- See more at: Daniel L. Goldberg

Background on Daniel Goldberg aka "Wells Report Killer" and more lawyer stuff

 

[XLIX]

“We are not seeking to take possession of his phone or to image its contents.” - Letter to Tom Brady's lawyers, prior to the Brady interview, from Burns, Weiss, Wells, et al

 

[XLIX]

My favorite line comes from the conclusion.... sort of a slap in the face (emphasis mine):

This situation would have been brought to a quick close if the League had even a general awareness of the scientific impact of temperature and weather conditions on the PSI of footballs at the time of the AFC Championship Game.

 

[Ring 6]

He is not staff:
Daniel L. Goldberg

Background on Daniel Goldberg aka "Wells Report Killer" and more lawyer stuff

My bad.

In any event, what recourse do you think is available?

 

[Mack Herron]

My bad.

In any event, what recourse do you think is available?

Well that is the question. As an outspoken critic of Kraft, however, it occurs to me that this would not appear to be the work of someone who is trying to ingratiate himself to the schmuck on Park Ave.

 

[RobertWeathers]

I think Goldberg is a team employee, is he not?

He works for Morgan Lewis on retainer to Pats

 

[OhExaulted1]

So the 13th ball is a mystery like the 13th tribe of Isreal

Thats not fighting.

What Clark Hunt is doing is fighting.

The only way for Hunt to get leniency is to grovel at Goodell's feet. Otherwise he will lose and have no other recourse other than to *****.

 

[Ring 6]

Well that is the question. As an outspoken critic of Kraft, however, it occurs to me that this would not appear to be the work of someone who is trying to ingratiate himself to the schmuck on Park Ave.

But if he has no recourse, he has no recourse.
I know of nothing he can try that won't be rejected because he accepted the penalty and waived his right to appeal.

 

[Ring 6]

So the 13th ball is a mystery like the 13th tribe of Isreal

The only way for Hunt to get leniency is to grovel at Goodell's feet. Otherwise he will lose and have no other recourse other than to *****.

This argument that its right to do nothing because you know you can't win is ridiculous.

 

[OhExaulted1]

Such as?

Bob is not suing the NFL.

He can't. Why doesn't anyone understand this?

How will Brady, Patriots fight against Deflategate punishments?

"Unlike Brady, the Patriots have no collectively bargained right to an appeal. Their only source for appeal is to reach out to Goodell and hope he or a designate of his choosing revises the punishment. The Patriots are members of a franchise of leagues and are contractually bound to follow the NFL’s constitution and other legal instruments. The NFL’s constitution makes clear teams can’t take their grievances to court and that any attempt to do so would likely be futile. Like the other 31 NFL ownership groups, Kraft has agreed to abide by the Constitution and assented to not sue the league or other owners."

 

[OhExaulted1]

This argument that its right to do nothing because you know you can't win is ridiculous.

See above

 

[Mack Herron]

But if he has no recourse, he has no recourse.
I know of nothing he can try that won't be rejected because he accepted the penalty and waived his right to appeal.

Well it is not entirely true that he has no recourse. The formal legal options are highly improbable (albeit not nonexistent). But there could be other avenues, such as mustering chips for leverage in some sort some sort of internal move, or mounting pressure through an external PR campaign (although the evidence does not really support this). Remember that the stakes in play include not only the draft picks but also the possible 4 game suspension.

 

[Ring 6]

See above

He had the right to appeal. He had the right to put Exponent and the science on trial.
He chose not to.
The circular argument that he shouldn't try because he won't win is ridiculous.

 

[Ring 6]

Well it is not entirely true that he has no recourse. The formal legal options are highly improbable (albeit not nonexistent). But there could be other avenues, such as mustering chips for leverage in some sort some sort of internal move, or mounting pressure through an external PR campaign (although the evidence does not really support this). Remember that the stakes in play include not only the draft picks but also the possible 4 game suspension.

So he can mount a PR campaign. OK, but you were arguing the fact that he is paying a lawyer means he is doing more than that.
The 4 game suspension is Brady's issue, and will be decided by court.

I'm really not sure where you are going with this.