Why does the media think Brady won't sue the league over defamation?

Rob0729 · May 11, 2015

The general belief in the media is that Brady won't sue because the league would subpoena his cell phone. I don't know if that is a deal breaker for Brady. I think Brady didn't want to turn over his phone in large part because he saw how Wells just dumped all of Ritchie Incongnito's texts out of context in the Jonathan Martin case.

The flip side of a lawsuit is that Brady will get all the access to Wells' materials that didn't make it into the report and probably will be able to subpoena cell phones and email records from Kensil, Grigson, and others to see if they tried to trap him and then smear him afterwards.

The League has just as much to be worried about in the discovery phase of a defamation lawsuit as Brady. The difference is that Brady's image is already tarnished and probably won't be much more by anything discovered. If Brady can find that Wells covered up stuff, there clearly was a sting, and/or proof that the league was leaking damaging information about the Pats; it would be devastating for the League.

ctpatsfan77 · May 11, 2015

Rob0729 said:
The general belief in the media is that Brady won't sue because the league would subpoena his cell phone.

The simpler reason why he might not is that he would have an extraordinarily high hurdle to clear.

Rob0729 · May 11, 2015

ctpatsfan77 said:
The simpler reason why he might not is that he would have an extraordinarily high hurdle to clear.

That is true. But Yee is laying the ground work for malicious intent. That is what a celebrity needs for a defamation case. That is why I thinking he might sue.

chasa · May 11, 2015

ctpatsfan77 said:
The simpler reason why he might not is that he would have an extraordinarily high hurdle to clear.

I don't think he will.

If Brady actually asked someone to deflate balls illegally would have have sent the text exchange below?

I don't think that he would. I think brady has a slam dunk case of defamation, and even more so to a class action suit against the league for trying to fix a game by setting up a sting operation.

PATS16N0 · May 11, 2015

Rob0729 said:
The general belief in the media is that Brady won't sue because the league would subpoena his cell phone. I don't know if that is a deal breaker for Brady. I think Brady didn't want to turn over his phone in large part because he saw how Wells just dumped all of Ritchie Incongnito's texts out of context in the Jonathan Martin case.

The flip side of a lawsuit is that Brady will get all the access to Wells' materials that didn't make it into the report and probably will be able to subpoena cell phones and email records from Kensil, Grigson, and others to see if they tried to trap him and then smear him afterwards.

The League has just as much to be worried about in the discovery phase of a defamation lawsuit as Brady. The difference is that Brady's image is already tarnished and probably won't be much more by anything discovered. If Brady can find that Wells covered up stuff, there clearly was a sting, and/or proof that the league was leaking damaging information about the Pats; it would be devastating for the League.

Ian needs to give you an award or something. All your posts are ****ing great.

moejr · May 11, 2015

That phone has probably been replaced and lost. Needed an upgrade.

MrNathanDrake · May 11, 2015

Brady could 100% have asked people to deflate the balls and he's still innocent. Why? Because it is 100% legal to deflate balls to a certain point. They have no proof that he asked them to deflate the balls below the legal limit

Sticky Caulk · May 11, 2015

MrNathanDrake said:
Brady could 100% have asked people to deflate the balls and he's still innocent. Why? Because it is 100% legal to deflate balls to a certain point. They have no proof that he asked them to deflate the balls below the legal limit

Correct me if I'm wrong, but he could ask them to deflate the balls below 12.5 before they are turned in to the refs, right? If they don't usually pay attention, I could see QBs doing that, often. Rodgers being a self admitted example.

captain stone · May 11, 2015

MrNathanDrake said:
Brady could 100% have asked people to deflate the balls and he's still innocent. Why? Because it is 100% legal to deflate balls to a certain point. They have no proof that he asked them to deflate the balls below the legal limit

The real question, however, and the only real question in this entire saga, is:
Does the league have proof that Brady asked the 2 idiots to deflate the balls AFTER the zebras
inspected them?
If they don't, and Brady didn't, then he needs to hold a press conference, proclaim his innocence,
and announce that he is beginning legal proceedings.

ctpatsfan77 · May 11, 2015

chasa said:
I don't think that he would. I think brady has a slam dunk case of defamation, and even more so to a class action suit against the league for trying to fix a game by setting up a sting operation.

The issue is that to prove defamation, because he is a public figure, he has to prove the NFL knew it was wrong, or, at a minimum, that they entertained serious doubts about what they released.

It's not impossible, but it's not easy.

MrNathanDrake · May 12, 2015

lets see... everything was leaked before the superbowl, and he was punished without any clear evidence. Seems like defamation to me.

nabwong · May 12, 2015

Rob0729 said:
The general belief in the media is that Brady won't sue because the league would subpoena his cell phone. I don't know if that is a deal breaker for Brady. I think Brady didn't want to turn over his phone in large part because he saw how Wells just dumped all of Ritchie Incongnito's texts out of context in the Jonathan Martin case.

The flip side of a lawsuit is that Brady will get all the access to Wells' materials that didn't make it into the report and probably will be able to subpoena cell phones and email records from Kensil, Grigson, and others to see if they tried to trap him and then smear him afterwards.

The League has just as much to be worried about in the discovery phase of a defamation lawsuit as Brady. The difference is that Brady's image is already tarnished and probably won't be much more by anything discovered. If Brady can find that Wells covered up stuff, there clearly was a sting, and/or proof that the league was leaking damaging information about the Pats; it would be devastating for the League.

Whooaaa. What if Goodell was a double agent planted by Kraft. They are working together to weed out these rogue employees. But Goodell can't just fire them for lack of evidence. So by hitting Brady, they can then subpoena all records and catch them red handed.

Nahhhhhhhhhh. Would be a good movie though.

Bertil · May 12, 2015

The media is TRYING TO DRIVE THE NARRATIVE. Flexing their muscles, if you will. So far they've been emboldened by Goodell, but there comes a point when you have to go against their flawed logic if you want to protect yourself. Go TB12!

Big-T · May 12, 2015

Would his legal team have the right to subpoena & depose the likes of Mortensen, Glazer & Kravitz because of the antagonistic leaks they were using which were also defamatory?

mgteich · May 12, 2015

And how much money has this defamation caused Brady (1-4 week's pay, depending on the appeal)? How much time and effort is Brady willing to spend?

In the end, the suspension will likely be reduced to 2 games NOT because of deflation of footballs, but because Brady didn't fully cooperate. He will need to prove that this 1-4 game penalty for not fully cooperating defamed his character, after proving that there was malicious intent to defame Brady. And then the court will need to compute damages.
The fact that
the patriots went after the patriots would not be sufficient
to prove intentional defamation of Brady.

BOTTOM LINE
The bar is high. Such suits are a pain in the neck. And in the end, Brady has very little to gain by suing the league that continues to provide his income.

Why does the media think Brady won't sue the league over defamation?

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