Venue Conflict

For those in the know, what is the process for resolving the NY vs Minn venue conflict?

I read the NY judge will preside over the jurisdiction hearing. The NFL will argue they filed first and since the NFL is based in NY and neither side are in MN it is the logical place to hold the trial. The NFLPA will argue the NFL only filed first to avoid having the trial in MN and that they never file suit with the courts to affirm their decisions. Also, they will argue that Judge Doty is familiar with the case (they specifically referenced the Peterson case in their suit because of this) and he is the most logical choice to sit in on the case.

I thought the NFL would go something like, "We filed twice to there once, so we win by 1 point."

and yes, I intended to spell "their" incorrectly

And the first shoe dropped:

If there was any doubt why the NFL filed in New York right away, let's put it to rest #DeflateGate

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https://twitter.com/BobMcGovernJr/status/626575836922122241

It has begun:

NFL attorneys have written a letter to Judge Berman in New York, saying they want him to stop the NFLPA's suit in Minnesota.

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https://twitter.com/BobMcGovernJr/status/626574772202262528

Rob0729 said:

I read the NY judge will preside over the jurisdiction hearing. The NFL will argue they filed first and since the NFL is based in NY and neither side are in MN it is the logical place to hold the trial. The NFLPA will argue the NFL only filed first to avoid having the trial in MN and that they never file suit with the courts to affirm their decisions. Also, they will argue that Judge Doty is familiar with the case (they specifically referenced the Peterson case in their suit because of this) and he is the most logical choice to sit in on the case.

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Bingo and spot-on.

They banged the hell out of Peterson in that petition.

The NFL can argue that they're based in NY, but they have players who are employees working in MN. They have no players working in the Southern District of NY.

The Minnesota standing for venue is a bit tenuous, but there is a TON of precedent.

Federal Judges don't like having their time wasted. I don't care if he's a life-long Jets fan or not.

Rob0729 said:

And the first shoe dropped:

https://twitter.com/BobMcGovernJr/status/626575836922122241

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There is the issue of the association with the Peterson lawsuit heard by Doty that the PA is asserting.

And here is the pre-emptive strike to fight against the NFLPA to claim the first file rule should not be overturned.

patsfan13 said:

There is the issue of the association with the Peterson lawsuit heard by Doty that the PA is asserting.

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Well, that is why the NFLPA included it. The problem is that the NFL has filed first law. It will be up to the judge.

I think it would be hilarious if this thing goes all the way to the U.S. Supreme Court. I am not saying they are going to listen to the merits of the case itself and the idiocy of the Wells Report, but the USSC frequently rules on questions of jurisdiction and it sure seems like we got a pretty big question here.

What happens if the NY judge says he holds jurisdiction and the Minnesota judge says he does??

As a Plaintiff's trial lawyer, not good for TB12. We got beat to the punch.

XLIX said:

I think it would be hilarious if this thing goes all the way to the U.S. Supreme Court. I am not saying they are going to listen to the merits of the case itself and the idiocy of the Wells Report, but the USSC frequently rules on questions of jurisdiction.

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Jurisdiction battles could drag this out into 2016 alone.

Isn't this legal maneuvering basically an admission of the NFL's bias against Tom Brady. First they're not willing to let an independent arbitrator hear the appeal, now they're not willing to have the case heard in Minnesota. The NFL has taken every opportunity to make this punishment stick and to tarnish Brady's reputation (uncorrected PSI leaks). There's much stronger evidence of defamation, albeit circumstantial, than there is of evidence that any footballs were deflated.. The irony is the former requires hard evidence and the latter requires none, yet the Patriots are on the wrong side of the burden of evidence both times.

QB12 said:

As a Plaintiff's trial lawyer, not good for TB12. We got beat to the punch.

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The good thing is even if the NFLPA loses, the Manhattan Federal Court and this particular judge aren't exactly pro-business.

ChoWZa said:

Isn't this legal maneuvering basically an admission of the NFL's bias against Tom Brady. First they're not willing to let an independent arbitrator hear the appeal, now they're not willing to have the case heard in Minnesota. The NFL has taken every opportunity to make this punishment stick and to tarnish Brady's reputation (uncorrected PSI leaks).

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The NFLPA will argue that these are "special circumstances" because the NFL filing to affirm an appeal is unprecedented and clear legal maneuver to avoid trying this case in MN. Only time will tell if this will win.

As for the actual case, I don't know if it will hold much weight.

"without engaging in manipulative of deceptive behavior"

Sorry NFL, you've only been engaging in manipulative and deceptive for the last 6 months.

Rob0729 said:

Well, that is why the NFLPA included it. The problem is that the NFL has filed first law. It will be up to the judge.

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Yeah NFL blitz yesterday to kneecap Brady. I don't know enough to speculate on which side wins the venue battle.

I've seen a copy of the NFLPA's filing. Does anyone have a copy of the NFL's filing?

Anticipatory Suit Exemption: http://tinyurl.com/pzf6ee5

QB12 said:

As a Plaintiff's trial lawyer, not good for TB12. We got beat to the punch.

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Given how the NFL played it, it was impossible for any other outcome to happen. That will be noted in the hearing.