The NFLPA's suit focuses on the capricious conduct of the NFL* throughout the "in-house" case. I saw this yesterday in their statement, but right now (limited time) can only find the NFLPA rep speaking about the "potential" suit in a WaPo article - I think they were pretty much the same bullet-points:
http://www.washingtonpost.com/news/...-nfl-patriots-qb-could-possibly-start-week-1/
- NFL manual with procedures on equipment is for Eq. handlers, not players
- Wells Report's "general awareness" standard is legally too low of a bar
- The NFL had no procedure or standard for measuring the pressure of balls until 2 days ago
etc.
I won't keep going b/c I am starting to be tempted to talk about what I thought I remembered from the article right in front of me on the NFLPA announcement - somebody dig it up, gotta go to work.
The argument now shifts from "Brady did X, Y, and Z" to "Your procedures in this case have been a sham from the beginning" (the NFLPA's point). Yes, it still matters if Brady smashed a phone, if you have 5 texts or something out of thousands that make the equipment staff look back (if there's no explanation,) etc. But
even without vindication of Brady/the Pats, the case can result in the NFL* getting a black eye, because the way that Goodell pursued this can be ruled to violate the CBA, because they're improperly punishing players, etc.
I get that Patriots fans are like "Court! Court! Court!" I can't even argue against it. I don't buy the thing about the phone (yet) because they habitually have publicized half-truths... what I've read has been the NFL* account of what Brady said in an NFL* interview (including the periodically trashing phones explanation). We'll see if more emerges about that.
What can happen now is that the main problem, leading to the main penalty (
not the suspension, but the confiscation of draft picks) can squiggle out in court.
The lawyers here can speculate on whether there's a glimmer of a chance of a re-flip-flop by Kraft, if he smells blood; I doubt it. Probably wishful thinking.
Brady and the League* both get bloodied in this process. The NFL*
should take its lumps for this.
What's most galling about the whole thing to me is the same underlying "presto chango" routine the NFL* pulled in 2007: Elevating something previously uncared about to apocalyptic penalty status. This time they actually used the last time as part of their criteria for penalizing.
So I guess yeah, I'm ready to see the way they do this challenged.