Where will Federal case be heard?

gtfanboy · Jul 28, 2015

PatsGuy said:
Is that True? The NFLPA cannot file in Minn?

I thought they already said they will file in Minnesota

Froob · Jul 28, 2015

Man if they make it to Minny Goodell is toast. Even if it's in New York....I don't see how anybody could honestly let the NFL win. Their case is severely and tragically flawed.

IcyPatriot · Jul 28, 2015

The NFL is giving everyone reduced suspensions to prove to the federal judge that their arbitration process is fair ... so all these reduced suspensions are not earned at all ... they are all part of the setup - makes it all even more sickening.

SHOWTIME15 · Jul 28, 2015

JMC00 said:
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?

you can hire local counsel ahead of time.

Deus Irae · Jul 28, 2015

Froob said:
Man if they make it to Minny Goodell is toast. Even if it's in New York....I don't see how anybody could honestly let the NFL win. Their case is severely and tragically flawed.

NOTE: THIS IS NOT INTENDED TO STRIKE A POLITICAL FIRE, AND I'VE USED EXAMPLES THAT HIT BOTH SIDES OF THE POLITICAL AISLE!

Obamacare is clearly Unconstitutional. The Supremes have upheld it multiple times. Those same Supremes just invented a Constitutional right to homosexual marriage, when it's clear that no such right exists. The Supremes have ruled that you have a right to remain silent but, if you don't deliberately speak to say that you are remaining silent, that silence can be used against you in court.

When it comes to the courts, "I don't see how" is, unfortunately, meaningless.

Rob0729 · Jul 28, 2015

Froob said:
Man if they make it to Minny Goodell is toast. Even if it's in New York....I don't see how anybody could honestly let the NFL win. Their case is severely and tragically flawed.

There are no guarantees when it comes to courts.

TommyD4207 · Jul 28, 2015

Rob0729 said:
There are no guarantees when it comes to courts.

This. Absolutely right. There are no guarantees when it comes to courts.

THAT SAID.

I'll take my chances with a federal court over the NFL League Office any day.

Rob0729 · Jul 28, 2015

Here is Michael McCann's write up on the venue:

Separately, the NFL petitioned the U.S. District Court for the Southern District of New York to uphold the lawfulness of Goodell’s decision late on July 28. The NFL made this preemptive legal maneuver to make it more difficult for Brady to seek relief from the U.S. District Court for the District of Minnesota, where U.S. District Judge David Doty—who is considered player friendly—could hear a case. If Brady now files in Minnesota (or Massachusetts), it could take weeks before the courts agree on where a case is heard. The NFL would insist that New York is a more appropriate forum given that the NFL is headquartered there and that neither Brady nor the facts in Deflategate have obvious ties to Minnesota; Brady and the NFLPA would contend that Judge Doty has traditionally heard labor disputes in the NFL. The NFL would also stress that the court of the first filing (in this case the court in New York) is often chosen when there are similar lawsuits filed in different jurisdictions. Brady and the NFLPA, however, would portray the NFL’s first filing as a mere scheme to prevent Brady from filing in Minnesota.

http://www.si.com/nfl/2015/07/28/tom-brady-roger-goodell-deflategate-suspension-upheld

TommyD4207 · Jul 28, 2015

Rob0729 said:
Here is Michael McCann's write up on the venue:

http://www.si.com/nfl/2015/07/28/tom-brady-roger-goodell-deflategate-suspension-upheld

Interesting. I wonder if the NFLPA's counter to that would be that Brady's an employee in Massachusetts and the "deflated football" thing happened in Massachusetts, so the case should be heard there, and they intend to file there and not Minnesota?

Either that, I can't imagine what the NFL would be so afraid of that they'd have to take this step.

Deus Irae · Jul 28, 2015

Interesting situation to watch, IMO:

Given the NFL's filing in NY, and the NFLPA's likely filing in Minn or Ma, we just might actually see some speed shown by a Federal Court, because of the need for injunctive relief should this case be taken up.

I won't hold my breath waiting for a lightning fast ruling, but I will be curious to see just how expeditiously it's dealt with.

obgod3 · Jul 28, 2015

JMC00 said:
What were Brady's lawyers suppose to do have a guy camped out in the Minnesota court every day for the last month?

Yes they should have.

The NFLPA/Brady's Lawyers have been punched in the face for 6 months and have yet to swing back. I'm not sure how the lawyers didn't see this coming, they are supposed to evaluate and analyze every potential situation. I have to admit the NFL isn't doing to bad in this one, I hope somehow the screw up.

RIpats88 · Jul 28, 2015

Maybe im wrong. But seems to me the NFLPA has a strong case why it should be held in minnesota.

1. They had no chance to file first as the nfl issued the filing the same time as the ruling
2. This is a pure case of the Nfl trying to steer where they want the case to be heard considering they NEVEr have asked the courts for this before

Any lawyer opinions?

#12 · Jul 28, 2015

The NFL had to do this. They have to be aggressive. It's like being down 20 points in the 4th quarter with a 5 minutes to go. They have no other option but to be as aggressive as possible because they are up against a lot. And by the way... while NY is certainly one of the few "favorable" forums for the nfl, in terms of overall options, NY is a huge legal center with people from all over the country practicing here.

Hardly a slam dunk for the NFL, unless someone is paying someone off.

By the way...someone knows NY .... keep calm and let Kessler do his thing.

Kessler was born in Brooklyn, New York in 1954 to Edith and Milton Kessler. He grew up in a community in Brooklyn near Coney Island called Sea Gate with his parents and his older sister Linda. He went on to Columbia University graduating summa cum laude in 1975 and then Columbia Law School. He graduated there as a Kent Scholar and editor of the Law Review in 1977.[2]

YOUGOTMOSSED · Jul 28, 2015

Deus Irae said:
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.

Sad but true.

#12 · Jul 28, 2015

BTW from an attorney's POV -- the more you have to legally maneuver your way into a favorable outcome, the weaker your case. Either way, NFL attorneys are getting paid.

YOUGOTMOSSED · Jul 28, 2015

Unless there some weird labor law twist, I really don't see how the NFL can make a "prophylactic" filing in the court of their choice. It's clearly an attempt to seek an "advisory opinion" or deprive a plaintiff of their right to pick venue. I don't even see how they can possibly have standing to seek such an injunction.

It's pretty well established law that you can't do this. If there is any legal grounds allowing a prospective defendant to do this, I'd like to know what it is!

Rob0729 · Jul 29, 2015

From the Sports Law Blog:

If Brady and the Union do file in Minnesota, one question is whether the “first to file” doctrine would mean the NFL’s preemptive strike would cause it to prevail in a battle of the courts. As our learned colleague Daniel Wallach points out, however, “courts have departed from a 'first-to-file' rule where one party files its lawsuit in anticipation of an impending suit by the opposing party.” That would certainly be the case here since the NFL had no good reason to file first other than to anticipate that Brady would file in an unfriendly jurisdiction.

http://sports-law.blogspot.com/2015/07/deflategate-round-ii.html

The NFLPA made it clear they were bringing this case to court. So the NFL just tried to beat the NFLPA to the court house to get their venue. Odds look good that Brady and the NFLPA will win the jurisdiction argument.

Where will Federal case be heard?

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