Breaking: TB12 Authorizes Federal Court Case!

aluminum seats · Jul 28, 2015

JMC00 said:
I guess I took it as more of a "nfl thinks they will win in court" kind of statement.

Ah. Yeah, who knows. Maybe they do--misplaced arrogance isn't in short supply over there.

Cunk · Jul 28, 2015

captain insano said:
even if he was guilty he should go to court. for one the nfl doesn't have any right to ask for a employees personal property his cell phone. if i was asked for my phone at work and i knew i did nothing wrong i would tell my employer to ram it. he's going to court because the punishment is absolutely ridiculous and the league has got nothing on him . what's next for the pats? 4 game suspensions for holding and pass interference. they affect a game more than taking some air out of the football.

Agreed. If my employer wanted to investigate my personal cell phone I would be appalled. Who do they think they are?

supafly · Jul 28, 2015

robertweathers said:
They took the issue to court when the plaintiff hasn't even filed yet?

I get it but...

http://profootballtalk.nbcsports.co...onfirmation-of-arbitration-award-in-new-york/

"The short and simple complaint filed Tuesday by the NFL against the NFL Players Association in the U.S. District Court for the Southern District of New York specifically seeks pre-emptive confirmation of the arbitration award reflected in Commissioner Roger Goodell’s decision to uphold the four-game suspension imposed on Patriots quarterback Tom Brady.

It’s a move likely without precedent. In past controversies, the NFL has issued a decision and then played defense in court. In this case, the NFL has opted to go on the offensive against the union and Brady."

RobertWeathers · Jul 28, 2015

supafly said:
http://profootballtalk.nbcsports.co...onfirmation-of-arbitration-award-in-new-york/

"The short and simple complaint filed Tuesday by the NFL against the NFL Players Association in the U.S. District Court for the Southern District of New York specifically seeks pre-emptive confirmation of the arbitration award reflected in Commissioner Roger Goodell’s decision to uphold the four-game suspension imposed on Patriots quarterback Tom Brady.

It’s a move likely without precedent. In past controversies, the NFL has issued a decision and then played defense in court. In this case, the NFL has opted to go on the offensive against the union and Brady."

Exactly- it's incredibly unorthodox and unprecedented.

When I read the OP I couldn't believe it.

upstater1 · Jul 28, 2015

QuantumMechanic said:
Note: IANAL

Absent court proceedings the NFL has no right to the phone.

However, once litigation commences the phone may well be subject to discovery.

If Brady waits too close (and no, I don't know what "too close" is) to the start of litigation to destroy the phone then (again, IANAL!!) once litigation does start and it comes out that the phone has been destroyed, the court can penalize him for spoliation of evidence.

However (and again, IANAL!!), if the phone is destroyed "far enough" before things start (I don't claim to know what the boundary of "far enough" is, either), then spoliation is off the board.

Stephanie Bradley addressed this already and said the question of spoilation would never apply in any case here because first, there is nothing about cell phones in the CBA, either personal cell phones or team owned cell phones. Second, in the absence of that, courts would defer to labor laws on such matters, and personal cell phones are well outside this boundary for consideration. In other words, concerns with spoilation do not apply

GaryfromTO · Jul 28, 2015

If the league has no documented records of what the balls psi were prior to kickoff, how do they know they even deflated?

Former Canadian Prime Minister Jean Chretien once said "a proof is a proof and when you have a good proof, it's proven"

the NFL has no proof.

FrodoBagginz · Jul 28, 2015

supafly said:
http://profootballtalk.nbcsports.co...onfirmation-of-arbitration-award-in-new-york/

"The short and simple complaint filed Tuesday by the NFL against the NFL Players Association in the U.S. District Court for the Southern District of New York specifically seeks pre-emptive confirmation of the arbitration award reflected in Commissioner Roger Goodell’s decision to uphold the four-game suspension imposed on Patriots quarterback Tom Brady.

It’s a move likely without precedent. In past controversies, the NFL has issued a decision and then played defense in court. In this case, the NFL has opted to go on the offensive against the union and Brady."

"The Circus has moved to NE"

Funniest comment of the day.

farn · Jul 28, 2015

They hates them some Brady, those rascals at League Office !

How DARE you play well and thank your teammates ?!?! Who do you think you are, Tom Brady ? With that trademark "not hitting women" policy and "not driving under the influence" ?!? You don't even shoot people or sell drugs on the streets !!! The audacity......

upstater1 · Jul 28, 2015

FCB02062 said:
That sports lawyer from UNH just said on weei that Brady's argument in fed court is in no way a slam dunk...and bradys argument is not as strong as Adrian petersons or ray Rice's.... Yikes

Is the reason for this that the suspension deals with matters inside of football (football rules) rather than external criminal matters? In that case, he might be right.

But in terms of labor la, surely Brady should get a fair hearing somewhere. He has just been docked millions of dollars. Seems to me a court would look into whether his rights have been protected.

Wheelman · Jul 28, 2015

Gronkowski123 said:
very smart...wouldn't surprise me if it happened. nothing has gone in favor of tom.
nfl will probably cherry pick the judge too.

every legal analyst ive seen on tv says brady has no chance in court...

That's the propaganda machine at work. Check this lawyer out: https://twitter.com/StephStradley

Patriot Missile · Jul 28, 2015

Wheelman said:
That's the propaganda machine at work. Check this lawyer out: https://twitter.com/StephStradley

She is pretty awesome. Excellent Twitter feed

crownontherocks · Jul 28, 2015

NFL Network reports the sides were "moving close" to a settlement that would have reduced Tom Brady's suspension to one game, but that the league refused to "seal" the records.

Rapoport

Sorry if this was posted

moejr · Jul 28, 2015

What does Brady do if he loses in court?

DefenseRules · Jul 28, 2015

crownontherocks said:
NFL Network reports the sides were "moving close" to a settlement that would have reduced Tom Brady's suspension to one game, but that the league refused to "seal" the records.

Rapoport

Sorry if this was posted

Why should I believe anything any of these reporters say. They all SUCK. They have no interest in the truth.

archstanton543 · Jul 28, 2015

crownontherocks said:
NFL Network reports the sides were "moving close" to a settlement that would have reduced Tom Brady's suspension to one game, but that the league refused to "seal" the records.

Rapoport

Sorry if this was posted

They're not a court of law. They can't "seal" records.

Haterproof · Jul 28, 2015

SalemPats said:
**** Roger Goodell

With no lubrication

ANGR89 · Jul 28, 2015

So am I the only one that is worried about Brady not getting a truly fair judge if this goes to NY?

supafly · Jul 28, 2015

moejr said:
What does Brady do if he loses in court?

As long as it's not proven that he lied, which is a legitimate concern, it can't get any worse than news about destroying the evidence that came out today.

When he took part in the appeals process, it was understood that his testimony would be under oath if it reached the federal level. If he's caught lying (not insinuating anything, of course) he could potentially be charged with perjury---so while this will be an unpopular statement, it's certainly something that he does have to "lose."

Charlotte Pats Fan · Jul 28, 2015

moejr said:
What does Brady do if he loses in court?

He sits out 4 games

Kdo5 · Jul 28, 2015

crownontherocks said:
NFL Network reports the sides were "moving close" to a settlement that would have reduced Tom Brady's suspension to one game, but that the league refused to "seal" the records.

Rapoport

Sorry if this was posted

I thought I read somewhere here that the NFLPA had rejected that notion.

Breaking: TB12 Authorizes Federal Court Case!

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