The case will be heard in NY. MN judge orders it moved

JMC00 · Jul 30, 2015

Froob said:
How did they get outsmarted? They couldn't file before the decision was announced. There was noway to beat them.

It's just chicken little clucking. These are the same people that make the gameday threads miserable.

juny · Jul 30, 2015

http://profootballtalk.nbcsports.com/2015/07/30/kessler-it-doesnt-matter-to-us-where-the-case-is/

Publicly Kessler isn't worried, so everyone take a breath

FourierSeries · Jul 30, 2015

You people are getting way too carried away with this whole political affiliation or Jets fan thing. It's embarrassing to read. None of this will have an effect on the outcome.

DarrylS · Jul 30, 2015

The NY Venue will make it easier for all of the failed ex jets employees(now on the dole to the NFL) to attend along with their fans, any maybe even Fireman Ed.

That was, however, a good move by the NFL to file coincidentally with the release of the Goodell decision.. not good for us,. but good nonetheless.

FrodoBagginz · Jul 30, 2015

I am not going to be overly optimistic due to almost nothing going the Pats way. But we should have at least a much better shot at winning in court than we did at winning the appeal against Dictator Roger Goodell and his minions.

aluminum seats · Jul 30, 2015

FourierSeries said:
You people are getting way too carried away with this whole political affiliation or Jets fan thing. It's embarrassing to read. None of this will have an effect on the outcome.

Intellectually, I agree. But you have to admit that the way this whole fiasco has gone Pats fans are entitled to feel a little gun-shy.

Brewskies · Jul 30, 2015

Froob said:
How did they get outsmarted? They couldn't file before the decision was announced. There was noway to beat them.

TommyBrady12 said:
it would have been impossible for brady to file the same day in Minnesota. the nfl waited until tuesdsy afternoon to release the appeal verdict. then inmediately filed in NY.

They had to know the possible outcome and they could have had the papers ready and have somone in Minn and file immediately. Just a guess.

QuantumMechanic · Jul 30, 2015

Normally decisions in one circuit (let alone by a trial court!) are not binding on courts in other circuits.

However there are doctrines (like res judicata, which says things litigated by two parties can't be relitigated by the same parties) that do require trial courts to honor/be bound by decisions of other trial courts in some cases.

My question, then, is are any of the decisions/CBA interpretations in the Peterson case (which issued from the District of Minnesota trial court) in any way binding on the SDNY court? While Brady is obviously not the same party as Peterson, you still have the NFLPA and NFL in the litigation.

QuantumMechanic · Jul 30, 2015

Brewskies said:
They had to know the possible outcome and they could have had the papers ready and have somone in Minn and file immediately. Just a guess.

How do they write up a lawsuit to address a decision they hadn't read yet? I don't think you can file a "Hey judge, there's something we want to challenge. But we don't know any of the details of what we want to challenge so we'll be back in a couple of days" lawsuit.

JMC00 · Jul 30, 2015

juny said:
http://profootballtalk.nbcsports.com/2015/07/30/kessler-it-doesnt-matter-to-us-where-the-case-is/

Publicly Kessler isn't worried, so everyone take a breath

Apparently people are overlooking that Kessler is a NY laywer.

PatsFanSince74 · Jul 30, 2015

I still don't know what to think about the NFL vs. the NFLPA's maneuvering or whether the NFLPA should have filed in MA instead of MN in the first place, but that's now water under the bridge, so arguing about any of that (one way or the other!) anymore is a waste of time.

But I am pretty sure that a Labor Union couldn't do much better than Judge Berman:

AA to Jacob Javits, one of the most Progressive Senators of his era.
Appointed to the Bench for the Southern District of New York by Bill Clinton.
JD from NYU, a liberal hotbed "back in the day" when campuses were burning.
Got an MSW in addition to his JD (hardly the profile of a corporate tool).
Studied International Law in Stockholm (not a hotbed of reactionaries).
My guess is that this is a guy who has developed decades of disdain for weasels like Wells and who speaks the same language (in more ways than one) as a guy like Kessler. Living in New York for over 25 years, I've learned that when the going gets tough in this city, never underestimate the importance of the common bonds of guys like a Berman and a Kessler. Goodell and Wells are guys from the white glove part of town.

I'm not saying that he's going to find against the NFL, since 75% of Motions to uphold the results of an Arbitration are, according to media sources this morning, upheld. But I think I'd rather take my chances with a judge like Berman than role the dice on someone else.

Brewskies · Jul 30, 2015

QuantumMechanic said:
How do they write up a lawsuit to address a decision they hadn't read yet? I don't think you can file a "Hey judge, there's something we want to challenge. But we don't know any of the details of what we want to challenge so we'll be back in a couple of days" lawsuit.

They had to expect that the most probably decision was to leave the suspension at 4 games. Prepare paperwork based on that decision have someone in Minn and file the minute the decision came out. After all they knew they had refused all offers from the NFL and that the NFL had refused the offer made by Brady.

SHOWTIME15 · Jul 30, 2015

Brewskies said:
They had to expect that the most probably decision was to leave the suspension at 4 games. Prepare paperwork based on that decision have someone in Minn and file the minute the decision came out. After all they knew they had refused all offers from the NFL and that the NFL had refused the offer made by Brady.

you have to attach the actual decision by goodell to the complaint, which NFLPA did not get until late tuesday. in any event it doesn't matter since the case would have been moved anyway (no ties to minnesota whatsoever).

smurfalarm · Jul 30, 2015

PatsFanSince74 said:
I still don't know what to think about the NFL vs. the NFLPA's maneuvering or whether the NFLPA should have filed in MA instead of MN in the first place, but that's now water under the bridge, so arguing about any of that (one way or the other!) anymore is a waste of time.

But I am pretty sure that a Labor Union couldn't do much better than Judge Berman:

AA to Jacob Javits, one of the most Progressive Senators of his era.

Appointed to the Bench for the Southern District of New York by Bill Clinton.

JD from NYU, a liberal hotbed "back in the day" when campuses were burning.

Got an MSW in addition to his JD (hardly the profile of a corporate tool).

Studied International Law in Stockholm (not a hotbed of reactionaries).

My guess is that this is a guy who has developed decades of disdain for weasels like Wells and who speaks the same language (in more ways than one) as a guy like Kessler. Living in New York for over 25 years, I've learned that when the going gets tough in this city, never underestimate the importance of the common bonds of guys like a Berman and a Kessler. Goodell and Wells are guys from the white glove part of town.

I'm not saying that he's going to find against the NFL, since 75% of Motions to uphold the results of an Arbitration are, according to media sources this morning, upheld. But I think I'd rather take my chances with a judge like Berman than role the dice on someone else.

Huh, I would have expected it to be much higher than 75%. The whole point of a binding arbitration decision is to decide everything out of court.

JMC00 · Jul 30, 2015

Brewskies said:
They had to expect that the most probably decision was to leave the suspension at 4 games. Prepare paperwork based on that decision have someone in Minn and file the minute the decision came out. After all they knew they had refused all offers from the NFL and that the NFL had refused the offer made by Brady.

Keep ignoring the point that they had to wait to see what goodell exactly said in his decision it makes you look smart.

Brewskies · Jul 30, 2015

TommyBrady12 said:
you have to attach the actual decision by goodell to the complaint, which NFLPA did not get until late tuesday. in any event it doesn't matter since the case would have been moved anyway (no ties to minnesota whatsoever).

Thanks for info. I agree it doesn't matter it has happened already so move on.

Sfpat · Jul 30, 2015

Brewskies said:
IMO, because the league outsmarted the NFLPA and filed in NY first.

I am more of the thought that the league outsmarted themselves. A labor judge appointed by Clinton will more than likely, if all things are equal, side with labor. I'm not sure this judge will take too kindly to the leagues actions thus far in this case.

The league may have been better off having the case heard in Minnesota

dannydyn · Jul 30, 2015

Can someone confirm this?

Judge Berman orders NFL & Brady lawyers "to down their rhetoric" and to immediately "pursue a mutually acceptable resolution of this case"

XLIX · Jul 30, 2015

Sfpat said:
I am more of the thought that the league outsmarted themselves. A labor judge appointed by Clinton will more than likely, if all things are equal, side with labor. I'm not sure this judge will take too kindly to the leagues actions thus far in this case.

The league may have been better off having the case heard in Minnesota

You echo my thoughts exactly. Even last night I was thinking "the judge in NY is a democrat appointee and the judge in MN is a republican appointee.... not so sure which one I want!

"

Today's ruling by the judge in Minnesota was pretty harshly worded. He does not strike me as a man who would have been sympathetic to the union's plight. I am not trying to spin, but I think this could be a blessing in disguise.

BradyFTW! · Jul 30, 2015

So the NFL's being rewarded for this ****? FFS, that's ridiculous.

And why didn't Kyle recuse himself from making this call, given that he did recuse himself from the 2011 antitrust case?

The case will be heard in NY. MN judge orders it moved

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