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It's all in his hands. He has an opportunity to fight for what's just.
But if he wanted to, here's what he could do
It's called the 'nuclear option' and most people agree that Kraft doesn't have the personality or courage to pull it off. Which is very disappointing
http://www.si.com/nfl/2015/05/12/de...riots-legal-options?page=2&devicetype=default
The nuclear option: Sue Goodell and the NFL.
If Kraft determines that he has exhausted any internal appeals, he could attempt to take the matter to court. If a lawsuit advanced past a motion to dismiss, Kraft could force Goodell, Vincent and others to testify under oath. The same, though, would be true for Kraft, Brady and Bill Belichick, among other Patriots employees.
There are different types of claims Kraft could bring. Among them:
i. Federal arbitration claim—Kraft could ask a federal court to review Goodell’s decision-making on Deflategate. The key for Kraft would be to argue that Goodell, as the ultimate arbitrator on league matters, has acted arbitrarily and capriciously. This would be a difficult standard for Kraft to show, but it is the customary standard used by courts in reviewing the decisions of private business associations like the NFL. Kraft would stress that Goodell failed to provide him and the Patriots a fair opportunity to make a case. Kraft would also contend that the NFL has grossly misinterpreted its own rules in imposing such a hefty and unprecedented penalty. Kraft would essentially claim that the penalty makes no sense and is thus arbitrary.
ii. Federal antitrust claim—Kraft could file an antitrust lawsuit against the NFL, claiming that the league and its teams—including the Colts, which may have played a decisive role in sharing implicating evidence—have conspired in an anticompetitive way to harm the Patriots and the team’s franchise value. With some success, the late Al Davis used antitrust law to take on the NFL in the 1980s during a legal dispute over where the Raiders play. More recently and without success, former Los Angeles Clippers owner Donald Sterling attempted to use antitrust law to take on the NBA and Adam Silver. One advantage to an antitrust law would be the possibility of treble damages.
iii. Defamation claim—Kraft could sue Goodell and Vincent, and contend that statements made by the NFL about the Patriots involvement in Deflategate are untrue and damaging to his reputation. As a public figure, Kraft would have the added burden of showing Goodell and Vincent lied with “actual malice,” which means they lied intentionally or knowingly.
iv. Petition for a restraining order.
Kraft could also petition a judge to issue a temporary restraining order blocking the NFL from carrying out the penalty. He would have to show irreparable harm, meaning harm that monetary damages couldn’t cure. This would be very difficult to show.
* * *
To be clear, none of these claims by Kraft would likely prevail. The NFL Constitution makes clear that ownership grievances are to be resolved internally and kept out of court. The NFL would petition any court in which Kraft sues to immediately dismiss the lawsuit on grounds that Kraft, like all NFL owners, contractually agreed to never sue the NFL and other owners. The NFL would probably succeed in making such an argument.
Also, not only did Kraft initially say he would accept the Deflategate punishment, but Kraft’s record and personality suggest it is extremely unlikely he would sue the NFL—an association in which he’s been an influential member for the last 21 years. Kraft suing the NFL would mean he’d be suing the 31 other ownership groups, some of whom include his close friends.
Do not expect Kraft to file a legal action, but it is an option. No matter how Kraft responds to the punishment, his team’s legal rights will be very different from those of Brady in his appeal.
Agree. It looks to me like an arbitration claim is more than credible. It can't get more arbitrary and capricious than levying severe penalties based on a complete failure to comprehend high school physics.
