Petraglia Tweets

patsfaninpa said:

You can't get NFL rulings against teams overturned. Do you guys think Washington and Dallas are happy about the cap penalties? Do you think the Sainsts are happy about the loss of draft picks and Payton suspension?? Of course not. Nobody is going Al Davis any longer. Different era.

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This has been my main argument as well.

That said, I can appreciate the frustration that occurred from the fact that Kraft misled us a bit, although we may not know the final thinking behind that just yet.

Rob0729 said:

There is no guarantee that Brady will win in court. When it comes to taking it to court, there is never any guarantees.

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Not sure why this continues to go over so many heads? It seems as though about 95 percent here feel that it's a slam dunk for Brady to simply show up and walk away with a guaranteed victory, but that's hardly the reality. There are many factors that would decide such a matter, and there may be a reason why he'd be nudged by the NFLPA to take a reduction in suspension.

patsfaninpa said:

You can't get NFL rulings against teams overturned. Do you guys think Washington and Dallas are happy about the cap penalties? Do you think the Sainsts are happy about the loss of draft picks and Payton suspension?? Of course not. Nobody is going Al Davis any longer. Different era. TB12 will play 16 games this year. On appeal, or by reduction on a lawsuit.

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What do you have to base that on? Forget about whether the waiver is "ironclad" or not, freedom of contract is not even absolute. And putting that aside, if the punishment against the Patriots can be shown to be baseless and arbitrary, and the particular wording of the contract between the owners is NOT interpreted by a court to allow baseless and arbitrary punishment, then voila, you can get the ruling overturned.

I hope there was no backroom deal, that would be tainted with the stink of Kraft. Brady would forever be branded a cheater and only got off on a plea deal between Kraft and Goodell.

Beethree said:

That was my fear - Kraft capitulates in exchange for Tom's suspension being dropped, and the fight is over, since Tom can't go to court to fight a 0 game suspension.

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You want Court TV or a football season?

Jlaff said:

What do you have to base that on? Forget about whether the waiver is "ironclad" or not, freedom of contract is not even absolute. And putting that aside, if the punishment against the Patriots can be shown to be baseless and arbitrary, and the particular wording of the contract between the owners is NOT interpreted by a court to allow baseless and arbitrary punishment, then voila, you can get the ruling overturned.

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Since when is the commissioner not empowered to make baseless and arbitrary rulings? That's pretty much the problem. The owners gave him unlimited power.

RayClay said:

Since when is the commissioner not empowered to make baseless and arbitrary rulings? That's pretty much the problem. The owners gave him unlimited power.

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I have to start by saying I haven't read the contract, so I can't say anything with certainty. But the bits of it that I have seen cited by journalists still read to me as a contract that would be interpreted as requiring an offense before punishment can be rendered. And yes, maybe those portions do read on the surface like the punishment can be arbitrary at that point, but that's not even the problem here if there is no offense/wrongdoing. I've mentioned before, and I'm sure many of you know that contracts have both explicit and implicit terms; if the agreement gives a commissioner unlimited discretion to dole out punishments for offenses, it is an entirely reasonable interpretation of the contract that the implied term is that some wrongdoing must take place before this "unlimited discretion" can be engaged. I fully expect a court would also find some sort of limit on the "unlimited discretion" touted by the media, for example: if a Jets coach trips an opposing player running down the sideline, I don't expect a court would allow a commissioner to force Woody to sell the team as punishment. Freedom of contract is simply not absolute.

I don't know why the media keeps pushing this "Kraft could never win in court angle", even the ones with some legal experience. Lawyers don't agree on everything and courts don't agree on everything, so I believe it is incorrect for them to state there can only be one possible outcome. Heck, not all lawyers (such as those in the media) are necessarily even adept in contract law; we have to remember that some people do graduate law school having received a D in first year contracts (and this doesn't even mean they are necessarily bad lawyers).

supafly said:

Not sure why this continues to go over so many heads? It seems as though about 95 percent here feel that it's a slam dunk for Brady to simply show up and walk away with a guaranteed victory, but that's hardly the reality. There are many factors that would decide such a matter, and there may be a reason why he'd be nudged by the NFLPA to take a reduction in suspension.

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Do you really think that the NFLPA who regularly wins cases against the NFL for convicted felons with the best attorney Kessler is not going to win this case against the NFL whose basis for punishment is the piece of crap Wells Report and is going to try to bargain his suspension down. The NFL was never scared about what gutless BOB was going to do because they knew he would cave. Kessler with Brady scares the crap out of them. I would not be surprised if the league tells gutless BOB to pressure Brady to accept Goodell's offer.

flasox27 said:

I would not be surprised if the league tells gutless BOB to pressure Brady to accept Goodell's offer.

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Yeah, but Kraft has nothing to pressure Brady with. Brady's not going to be intimidated by the old man.

RayClay said:

You want Court TV or a football season?

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Uh, plenty of people are involved in litigation and handle their day job just fine.

BelichickFan said:

Yeah, but Kraft has nothing to pressure Brady with. Brady's not going to be intimidated by the old man.

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Exactly....we must remember that RK has TB on the cheap (half the salary he deserves on the open market?), so I wouldn't expect Tom to be too inclined to "take one" for Bob.

Sicilian said:

In what universe is it okay to accept the largest team sanction in NFL history for a speeding ticket level misdemeanor that wasn't even proven, just to get rid of a suspension to a player who again was never proven to be involved in said misdemeanor? If this is the reason, it doesn't make it even close to right.

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In the Bizarro World of Reich Marshal Herr Goodell and the NFL HQ; where normal reality is replaced at the whim of the majority of 32 mostly invisible puppet masters. We best get used to it for it will not change for some time.
I believe there is good news in this for adversity usually brings out the best in BB's teams. Therefore we have a real chance to go 19-0 but the very least i expect is Superbowl 50 win. So now for a time we are in sorrow but at the end of this up coming season we will rejoice with pride and celebration. YE-HAW

skinnydog said:

Uh, plenty of people are involved in litigation and handle their day job just fine.

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My guess is you have never been involved in any serious litigation. Until you have you are not in any place to make such a comment. The world of litigation is far more stressful and time consuming then the uninitiated
can ever imagine.
Based on observation TB12 is a person who needs to feel comfortable by being obsessively prepared. This will not work to his advantage if he has to attempt too prepare for the next game while dividing his time and focus on two separate and important tasks. The Federal courts do not take breaks for NFL football seasons to play out.
While i would love to see the criminal NFL HQ brought to its knees i prefer TB12 win his 5th Super Bowl this year. For in spite of TB12's protestations father time is a relentless foe who will win its just a matter when.

Rawky77 said:

My guess is you have never been involved in any serious litigation. Until you have you are not in any place to make such a comment. The world of litigation is far more stressful and time consuming then the uninitiated
can ever imagine.
Based on observation TB12 is a person who needs to feel comfortable by being obsessively prepared. This will not work to his advantage if he has to attempt too prepare for the next game while dividing his time and focus on two separate and important tasks. The Federal courts do not take breaks for NFL football seasons to play out.
While i would love to see the criminal NFL HQ brought to its knees i prefer TB12 win his 5th Super Bowl this year. For in spite of TB12's protestations father time is a relentless foe who will win its just a matter when.

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Uh, I actually know a lot about litigation.

skinnydog said:

Uh, I actually know a lot about litigation.

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Know Personally, that is from personal experience, such as in being sued for all you have or suing someone who has robbed you of your personal reputation i.e. ones most precious asset, while at the same time being required to excel at the highest level in the most demanding position in the NFL.
i am not sure anyone get say that they really know anything about such an experience. When its all on the line not in one but in two totally different directions at the same time. One direction must suffer and usually both will suffer significantly.
But this is just one mans opinion based on some personal experience. But nothing like what TB12 would face if this is the route he will take.

Jlaff said:

What do you have to base that on? Forget about whether the waiver is "ironclad" or not, freedom of contract is not even absolute. And putting that aside, if the punishment against the Patriots can be shown to be baseless and arbitrary, and the particular wording of the contract between the owners is NOT interpreted by a court to allow baseless and arbitrary punishment, then voila, you can get the ruling overturned.

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Yeah, I haven't read the CBA but I'd be shocked if it allowed the commissioner to arbitrarily take draft picks away without basis. If it does, then the lawyers who drafted it were grossly incompetent. I'm guessing it sets forth some standard if the alleged violation is disputed (again, without looking, I'm guessing "preponderance of evidence" finding by a neutral). If I'm right, the issue is Wells' neutrality. If all parties stipulated to that before the report, Brady and the Patriots royally screwed themselves; if they didn't, I think that's where the court gets involved.

Can someone familiar with the CBA chime in on this?

Jlaff said:

I have to start by saying I haven't read the contract, so I can't say anything with certainty. But the bits of it that I have seen cited by journalists still read to me as a contract that would be interpreted as requiring an offense before punishment can be rendered. And yes, maybe those portions do read on the surface like the punishment can be arbitrary at that point, but that's not even the problem here if there is no offense/wrongdoing. I've mentioned before, and I'm sure many of you know that contracts have both explicit and implicit terms; if the agreement gives a commissioner unlimited discretion to dole out punishments for offenses, it is an entirely reasonable interpretation of the contract that the implied term is that some wrongdoing must take place before this "unlimited discretion" can be engaged. I fully expect a court would also find some sort of limit on the "unlimited discretion" touted by the media, for example: if a Jets coach trips an opposing player running down the sideline, I don't expect a court would allow a commissioner to force Woody to sell the team as punishment. Freedom of contract is simply not absolute.

I don't know why the media keeps pushing this "Kraft could never win in court angle", even the ones with some legal experience. Lawyers don't agree on everything and courts don't agree on everything, so I believe it is incorrect for them to state there can only be one possible outcome. Heck, not all lawyers (such as those in the media) are necessarily even adept in contract law; we have to remember that some people do graduate law school having received a D in first year contracts (and this doesn't even mean they are necessarily bad lawyers).

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He would have to sue, I imagine. what would be the basis of his suit?

Rawky77 said:

Know Personally, that is from personal experience, such as in being sued for all you have or suing someone who has robbed you of your personal reputation i.e. ones most precious asset, while at the same time being required to excel at the highest level in the most demanding position in the NFL.
i am not sure anyone get say that they really know anything about such an experience. When its all on the line not in one but in two totally different directions at the same time. One must direction must suffer and usually both will suffer significantly.
But this is just one mans opinion based on some personal experience. But nothing like what TB12 would face if this is the route he will take.

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Not from the end of being sued. From the role of trial attorney. Look, being involved in litigation as a party is difficult and stressful. And so is being branded as a cheating quarterback. Tell me of another QB at his level that is viewed as a cheater? Any other HOF QBs given 4 game suspensions for cheating that you know of? If I were Brady, I'd be much more worried about my lifetime reputation as a cheater than this upcoming season.

skinnydog said:

Not from the end of being sued. From the role of trial attorney. Look, being involved in litigation as a party is difficult and stressful. And so is being branded as a cheating quarterback. Tell me of another QB at his level that is viewed as a cheater? Any other HOF QBs given 4 game suspensions for cheating that you know of? If I were Brady, I'd be much more worried about my lifetime reputation as a cheater than this upcoming season.

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First taking a 1yr or more off at his age to sue the NFL and then returning to play is that a even a possibility?
Suing to get the suspension overturned is at most a few months and he probably can get the judge to order a stay to the NFL until the hearing is adjudicated.
Question: Lets say he gets the suspension overturned and plays out this yr and maybe one two seasons more and he retires. Can he then sue the NFL for defamation or is there a time limit?

supafly said:

Not sure why this continues to go over so many heads? It seems as though about 95 percent here feel that it's a slam dunk for Brady to simply show up and walk away with a guaranteed victory, but that's hardly the reality. There are many factors that would decide such a matter, and there may be a reason why he'd be nudged by the NFLPA to take a reduction in suspension.

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You are not sure why because this has gone completely over your head.

Since nothing in life is guaranteed then everybody should do nothing about everything.

This is not about a suspension or a reduced suspension.....it's about a reputation. If you can't grasp that......get together with your buddy Kraft and partner with the 32.

Why hire Kessler and assemble the legal dream team?

Your best bet is too stop thinking and appreciate TB's thinking.