Zolak: The Pats weren't going to fight the result, but his sources say that is out the window

tatepatsfan · May 12, 2015

I don't think the Wells Report can serve as the basis of a defamation claim. Such a claim requires proof that a false statement of apparent fact was made, and Wells hedged enough to make it apparent that his statements were not those of fact. It's possible, but I think it would be weak. On the other hand, I think a slightly better case could be made for defamation using the league's press release from yesterday as a basis. But again, it was very carefully worded, and I think they used enough vague, nebulous language to shield themselves. The latter might be worth including as a count in a lawsuit that brings additional claims.

Nevertheless, defamation is far from the only cause of action Kraft and/or the team could bring. For starters, he could seek equitable or declaratory relief simply preventing the league from taking away our draft picks or levying the fine. I am no expert in the league's internal rules, I've never read them, but I would think it highly unlikely that there isn't some provision enabling an owner or franchise to sue for breach of some agreement. I don't recall the legal theories underlying Al Davis' suit, but suffice it to say, any lawyer worth his salt can come up with a bunch of causes of action if that is the course Kraft elects to take.

RunAmok · May 12, 2015

Rob0729 said:
Zolak said in his 98.5 show that he has heard through their sources that even though Kraft said he would accept the decision by the league, his sources said that the Pats plan to go on the offensive on this. Didn't say how, but it should be interesting.

Would Kraft sue the league for defamation? I think the Pats may have a stronger defamation suit than Brady.

Ezekial 25:17

RobertWeathers · May 12, 2015

jays52 said:
That's what the league has positioned themselves for. They clearly established Vincent as the patsy in this legally.

Goody f-ed up in his press release by backing Vincent and establishing chain of command.

RobertWeathers · May 12, 2015

RunAmok said:
Ezekial 25:17

Thats a tasty Kahuna Burger!

glm · May 12, 2015

I personally welcome this butt****ing the Patriots are about to give the league.

Time to see a billionaire's lawyer get to work.

RobertWeathers · May 12, 2015

Bruins29 said:
As great as that would be I think its safe to say that the fix will be in for the rest of the time that BB and TB are with this team. And, I am sure Kraft is not going to endear himself to the NFL with what he is about to do.

We are never going to get a call anymore. Games will be filled of Gronk hugging and Linemen pushing and all that fun stuff.

This is only the beginning. The NWWFL is here and it isnt going away.

I tend to agree. Thats why they have nothing lose by fighting.

Just need BB to help win games.

AQPE · May 12, 2015

This is said with a huge amount of bias on my part I know, but I think people may be overestimating the sense of loyalty that the other owners have for Goodell and underestimating their loyalty to, and more importantly fear of possible repercussions to them from, Kraft.

I don't have the time at the moment to do the research and provide the necessary links to support this, but my understanding is that in addition to his crucial role in the labor agreement, he has been not just "a" leader but "the" leader among the owners on the finance and television committees. So, he's played a key role in each of the most important elements affecting the financial performance of each of the other owner's teams - the biggest sources of revenue (television and stadiums) and the biggest cost area (labor). That was true, I think, before this half-wit blue-blood was installed as the Commissioner.

Does that mean his fellow owners will feel some obligation to him for what they literally owe him? I don't know, I sure hope so. What I do think, though, is that the other owners probably realize that Kraft going rogue can hurt them in their wallets a hell of a lot more than can Goodell. He didn't do that back in 2007 because his calculation at the time was obviously that long-term it made more sense to just absorb the Spygate hit and move forward. He has to knows now that this situation can't be handled that same way. I think he expected no punishmeont to the team and was prepared to accept it if punishment went to Brady and the two slobs (figuring Brady can arbitrate away his punishment). Now he has to make a move and it has to scare the crap out of the other owners (the sentient ones anyway, not the Johnsons and Irsays).

Soul_Survivor88 · May 12, 2015

RunAmok said:
Ezekial 25:17

Robert Kraft's net worth is 4.3 Billion, Roger Goodell's is 75 million. You don't want to get into a pissing match with Robert Kraft!

Bella*chick · May 12, 2015

Burn. It. Down.

patsfaninpa · May 12, 2015

Burn the mother bleeper down.

https://search.yahoo.com/yhs/search?p=burning+down+the+house&ei=UTF-8&hspart=mozilla&hsimp=yhs-003

Ross12 · May 12, 2015

AQPE said:
This is said with a huge amount of bias on my part I know, but I think people may be overestimating the sense of loyalty that the other owners have for Goodell and underestimating their loyalty to, and more importantly fear of possible repercussions to them from, Kraft.

I don't have the time at the moment to do the research and provide the necessary links to support this, but my understanding is that in addition to his crucial role in the labor agreement, he has been not just "a" leader but "the" leader among the owners on the finance and television committees. So, he's played a key role in each of the most important elements affecting the financial performance of each of the other owner's teams - the biggest sources of revenue (television and stadiums) and the biggest cost area (labor). That was true, I think, before this half-wit blue-blood was installed as the Commissioner.

Does that mean his fellow owners will feel some obligation to him for what they literally owe him? I don't know, I sure hope so. What I do think, though, is that the other owners probably realize that Kraft going rogue can hurt them in their wallets a hell of a lot more than can Goodell. He didn't do that back in 2007 because his calculation at the time was obviously that long-term it made more sense to just absorb the Spygate hit and move forward. He has to knows now that this situation can't be handled that same way. I think he expected no punishmeont to the team and was prepared to accept it if punishment went to Brady and the two slobs (figuring Brady can arbitrate away his punishment). Now he has to make a move and it has to scare the crap out of the other owners (the sentient ones anyway, not the Johnsons and Irsays).

I think that was alluded to somewhat in the thing Mike Freeman put up yesterday... Though the owner he spoke to was seemingly happy the Pats got nailed, he specifically stated the owners were nervous about what Kraft will do. It's gotta scare the hell out of them if they think Kraft will go rogue.

FrodoBagginz · May 12, 2015

Goodell dun goofed. The consequences will never be the same.

FalconHeavy · May 12, 2015

Burn Baby Burn !!! Listening to Bedard in 98.5 and he is asking a lot of right questions, at the same time also being snarky about withholding witness

Fencer · May 12, 2015

KontradictioN said:
CAN Kraft sue the league for defamation? I thought that was against the CBA.

Even if you're right in substance, the bolded part is surely wrong. It would be some other agreement instead.

Tunescribe · May 12, 2015

parthasas said:
Burn Baby Burn !!! Listening to Bedard in 98.5 and he is asking a lot of right questions, at the same time also being snarky about withholding witness

So, according to Bedard the draft picks were docked because the Patriots refused to drag McNally in for a fifth interview. What nonsense.

Fencer · May 12, 2015

Bobsyouruncle said:
I think the issue with BB is that he can get fined for criticizing the league, but I don't see him doing nothing either so I'm interested to see what happens.

When asked, BB should reiterate his strong belief that the league's findings were erroneous. Otherwise, this is not his job. It's a case where the boss' job is to protect his subordinate, even a subordinate as high-ranking as BB, from distraction.

FalconHeavy · May 12, 2015

Tunescribe said:
So, according to Bedard the draft picks were docked because the Patriots refused to drag McNally in for a fifth interview. What nonsense.

yep, he says its not coming back because we withheld key witness and didn't cooperate. what a bunch of crockshit. According to him, some kind of reorg. happened in 345 park avenue and in involves kensil.

RobertWeathers · May 12, 2015

Tunescribe said:
So, according to Bedard the draft picks were docked because the Patriots refused to drag McNally in for a fifth interview. What nonsense.

Yea I'm not sure I buy that one...runs much deeper.

obgod3 · May 12, 2015

moosekill said:
I am not a lawyer, but from my limited understanding, Kraft wouldn't necessarily be suing for defamation. I would think he would be suing for inequities in the punishment vs other punishments. The League can't just decide to fine one team one way and another team a different way for a simmilar offense. That is why his response was worded the way it was. To show that if they had been given a reasonable punishment they would have gone along with it, but since the League decided to impose a draconian punishment, Kraft felt that crossed the legal line of being equitable, so if given no other recourse, they Patriots will sue.

I agree and that also means that the Pats will want discovery on all actions taken by member of the NFL head office, meaning everything they said, did, texted, emailed etc will have to come out. Could be ugly for the NFL regardless of if the Pats win a case or not. Making the NFL head offices look bad is good enough for Kraft I bet.

Big-T · May 12, 2015

obgod3 said:
I agree and that also means that the Pats will want discovery on all actions taken by member of the NFL head office, meaning everything they said, did, texted, emailed etc will have to come out. Could be ugly for the NFL regardless of if the Pats win a case or not. Making the NFL head offices look bad is good enough for Kraft I bet.

Or just make Goodell & Kensil's positions untenable.

Kensil doesn't strike me as a very smart guy so there's bound to be a paper trail left by him that lawyers could dig up.

Zolak: The Pats weren't going to fight the result, but his sources say that is out the window

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