I have to think that one of the reasons for the delay is the appeal ruling is behinds the scenes negotiating to avoid a lawsuit. I think that the NFL does not want to get into a situation where they have to reveal communications during the entire saga, particularly pre-AFCG, the first week after the AFCG, and communications between Ted Wells, Exponent and the NFL. However, I am not sure how Brady would get access to these communications. I'd like to ask the legal experts here if they can shed any light on what it would take in the following scenarios:
1. Suing on the basis of unfair labor practices. What bar needs to be cleared? Simply a judge declining a motion by the NFL to dismiss the suit? Would this give the Brady team access to all of the communications?
2. Suing for defamation. This has been more closely linked with discovery on the forum. What is the threshold to being discovery in this case, and would they have access to all communications?
3. Are there other legal avenues to pursue that would give access to discovery?
Without a way to get to discovery and potentially embarass the NFL, I think Goodell lowers the suspension to 2 games and let's Brady fight it out in court, and if he loses a year from now, from his perspective, that's much better than going back on the Wells report and his actions thus far. But if he thinks public display of the NFL's conduct in handling the investigation is a possibility, he might be willing to cave in and reduce the suspension further.
1. Suing on the basis of unfair labor practices. What bar needs to be cleared? Simply a judge declining a motion by the NFL to dismiss the suit? Would this give the Brady team access to all of the communications?
2. Suing for defamation. This has been more closely linked with discovery on the forum. What is the threshold to being discovery in this case, and would they have access to all communications?
3. Are there other legal avenues to pursue that would give access to discovery?
Without a way to get to discovery and potentially embarass the NFL, I think Goodell lowers the suspension to 2 games and let's Brady fight it out in court, and if he loses a year from now, from his perspective, that's much better than going back on the Wells report and his actions thus far. But if he thinks public display of the NFL's conduct in handling the investigation is a possibility, he might be willing to cave in and reduce the suspension further.