PatsFans.com Menu
PatsFans.com - The Hub For New England Patriots Fans

Where will Federal case be heard?


Status
Not open for further replies.

PatsGuy

2nd Team Getting Their First Start
Joined
Sep 8, 2007
Messages
1,522
Reaction score
1,040
My understanding is that the NFL has filed a motion to have the case heard in federal court in Manhattan. The NFLPA IS/has file the similar motion to have the same case heard in Minnesota. Obviously, the venue is critical to whatever outcome occurs. For those who are lawyers,what goes into that decision and who makes that decision?
 
I don't understand how the NFL can file a motion before the plaintiff can issue his own...

How can they file something to uphold a workplace ruling before the worker can even decide whether or not he even wants to fight it?

That makes about zero sense.
 
I don't understand how the NFL can file a motion before the plaintiff can issue his own...

How can they file something to uphold a workplace ruling before the worker can even decide whether or not he even wants to fight it?

That makes about zero sense.

Requests for declaratory judgements are hardly uncommon.
 
So this really is about taking the pats down,,,,,,,they dont care about getting it right,,,,they just want to nail the coffin shut before the body wakes up
 
I don't understand how the NFL can file a motion before the plaintiff can issue his own...

How can they file something to uphold a workplace ruling before the worker can even decide whether or not he even wants to fight it?

That makes about zero sense.

Requests for declaratory judgements are hardly uncommon.

Like Stephanie Stradley, I look forward to reading the NFL's filing on this matter.
 
Requests for declaratory judgements are hardly uncommon.

So, basically, these are two separate (yet in the same vein, obviously) issues?

It would appear that the NFL would use the Manhattan ruling to back up their: 1) agreed upon labor contract, 2) appearance of an "independent investigation," and 3) appeals process already being heard to further their strength and position when the NFLPA files their suit.

In other words, it could weaken the NFLPA's case, or sway a judge's opinion on how he wishes to handle the lawsuit by Brady. As we know, 9/10 times the judge often throws it back at the parties in an attempt to "work something out." A favorable ruling in the Manhattan case could go a long way in helping the NFL.

Am I incorrect in this belief?
 
Like Stephanie Stradley, I look forward to reading the NFL's filing on this matter.

Agreed. Any of you lawyers have PACER access? Is it available yet?

Anyways, Florio's ruminations:

Mike Florio said:
Although I’ve yet to see the documents (the ask has been made), I’m certain that the NFL filed a case seeking what’s known as a “declaratory judgment” under the Federal Arbitration Act, explaining that a controversy clearly exists on the viability of Goodell’s final ruling in the Brady appeal and asking the court to determine the parties’ legal rights.

It’s not entirely uncommon, but it’s a very aggressive maneuver. As a practical matter, it potentially short-circuits the efforts of the NFLPA and Brady to file in Minnesota (with Judge David Doty presiding) or Massachusetts (with Judge Pats Fan presiding), where the ruling likely would be more favorable to Brady.

Whether through pre-emptive lawsuits or otherwise, forum shopping happens all the time in the legal profession. Part of securing the best outcome for a client is picking the best court for attempting to secure that outcome.
 
Agreed. Any of you lawyers have PACER access? Is it available yet?

Anyways, Florio's ruminations:

Yeah...

At first glance, I don't see the NFL winning that argument, but that's without seeing the actual filing.
 
Typically Federal courts follow first file rule. That is what the NFL is banking on. The rule says the Feds allow the first venue filed to be the venue.

There are exceptions for the first filing rule. If a judge feels that the NFL filed first to forum shop, they can decide to give Minnesota jurisdiction. They could also decide that the NFL stacked the decks to not allow the NFLPA a chance to be first. Obviously the NFLPA couldn't file suit prior to the ruling and the NFL filed suit right when they issued the ruling. I am not sure but the NFLPA could argue special circumstances because the NFL has never gone to court to certify a decision.

The NFLPA will have a tough battle to get in Minnesota, but it won't be impossible.
 
Why would a Federal court rule in favor of a arbitration that was unneutral to begin with, as it was presided over by the same man who issued the suspension.

What court could ethitically confirm the NFL's BS motion?
 
Why would a Federal court rule in favor of a arbitration that was unneutral to begin with, as it was presided over by the same man who issued the suspension.

What court could ethitically confirm the NFL's BS motion?


We've got a Supreme Court that routinely uses the U.S. Constitution to wipe its collective ass. Anything is possible in modern U.S. jurisprudence.
 
Typically Federal courts follow first file rule. That is what the NFL is banking on. The rule says the Feds allow the first venue filed to be the venue.

There are exceptions for the first filing rule. If a judge feels that the NFL filed first to forum shop, they can decide to give Minnesota jurisdiction. They could also decide that the NFL stacked the decks to not allow the NFLPA a chance to be first. Obviously the NFLPA couldn't file suit prior to the ruling and the NFL filed suit right when they issued the ruling. I am not sure but the NFLPA could argue special circumstances because the NFL has never gone to court to certify a decision.

The NFLPA will have a tough battle to get in Minnesota, but it won't be impossible.

If so brady's lawyers dropped the ball on this one.

FWIW Judge Doty is named in the current CBA as the arbitrator between the NFL and NFLPA.

https://en.wikipedia.org/wiki/David_S._Doty
 
Judge FiremanEd presiding.
 
If so brady's lawyers dropped the ball on this one.

How? Don't make general ******** statements and not give any reasoning behind it.

So they dropped the ball because the nfl was filing something in ny federal court just as they announced that the suspension was being upheld? What were Brady's lawyers suppose to do have a guy camped out in the Minnesota court every day for the last month?
 
If so brady's lawyers dropped the ball on this one.

FWIW Judge Doty is named in the current CBA as the arbitrator between the NFL and NFLPA.

https://en.wikipedia.org/wiki/David_S._Doty

I am not sure if the NFLPA dropped the ball or the NFL were just clever. I don't know if their plan will work though. Depends on the judge who will hear arguments over jurisdiction. It seems pretty clear that the NFL stacked the decks to make sure it was impossible for the NFLPA to file first. Whether a judge determines that is legal maneuver will depend on case law and which way the judge leans (pro labor or pro business).

Also, the NFLPA gave up the right to hear all appeals in MN in the this current CBA.
 
I am not sure if the NFLPA dropped the ball or the NFL were just clever. I don't know if their plan will work though. Depends on the judge who will hear arguments over jurisdiction. It seems pretty clear that the NFL stacked the decks to make sure it was impossible for the NFLPA to file first. Whether a judge determines that is legal maneuver will depend on case law and which way the judge leans (pro labor or pro business).

Also, the NFLPA gave up the right to hear all appeals in MN in the this current CBA.
Is that True? The NFLPA cannot file in Minn?
 
Ya I don't get that either. Bradys team had zero time to respond

That will be the main jurisdiction argument. The Federal Courts requires an employee to exhaust all remedies before filing in Federal Court. That means Brady and the NFLPA had to wait for Goodell's ruling. It is clear that the NFL had their legal brief ready and waiting at Federal court to file it when the ruling was given. The NFLPA had to jump on a plane and file it in MN and it wasn't possible to get there today.

That means the NFLPA will argue that the NFL set this up to venue shop and not give the NFLPA a fair shot to file first.
 
Is that True? The NFLPA cannot file in Minn?

They can file in MN. In previous CBAs, all labor disputes MUST have been filed to Judge Doty in MIN. Now they can be filed in any state.
 
Status
Not open for further replies.


Patriots Kraft ‘Involved’ In Decision Making?  Zolak Says That’s Not the Case
MORSE: Final First Round Patriots Mock Draft
Slow Starts: Stark Contrast as Patriots Ponder Which Top QB To Draft
Wednesday Patriots Notebook 4/24: News and Notes
Tuesday Patriots Notebook 4/23: News and Notes
MORSE: Final 7 Round Patriots Mock Draft, Matthew Slater News
Bruschi’s Proudest Moment: Former LB Speaks to MusketFire’s Marshall in Recent Interview
Monday Patriots Notebook 4/22: News and Notes
Patriots News 4-21, Kraft-Belichick, A.J. Brown Trade?
MORSE: Patriots Draft Needs and Draft Related Info
Back
Top