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

smurfalarm said:

The NFL and NFLPA are probably too far apart to agree on number of games, but if they wanted to, both sides could save face by agreeing to something like re-arbitration with a new hearing officer. I'm sympathetic to Berman here. This doesn't HAVE to be hashed out in a court of law.

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james87654 said:

makes sense

the league is run by capable businessmen, not conniving lawyers

its actually refreshing in a quixotic and nostalgic kind of way

im old enough to remember fondly when the Jeffrey Kesslers of the world didnt run things in this country

those were the days when a man's word was his bond and deals were done over an honest handshake

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Chiuba E. Obele said:

Plus, this whole blunder makes the NFLPA lawyers look stupid

[T]he Court sees little reason for this action to have been commenced in Minnesota at all. Brady plays for a team in Massachusetts; the Union is headquartered in Washington D.C.; the NFL is headquartered in New York; the arbitration proceedings took place in New York and the award was issued in New York. ...t makes sense the NFL would have commenced its action seeking confirmation of the award in the Southern District of New York. Why the instant action was filed here, however, is far less clear.

There's no way to know for sure. Their chances of being heard in Massachusetts might have been a lot better

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smurfalarm said:

The NFL and NFLPA are probably too far apart to agree on number of games, but if they wanted to, both sides could save face by agreeing to something like re-arbitration with a new hearing officer. I'm sympathetic to Berman here. This doesn't HAVE to be hashed out in a court of law.

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Mr. Objective said:

They absolutely would have been better. The most appropriate venue for an employment action in federal court is generally considered to be the district of the principal site of employment of the complaining party, in this case the District of Massachusetts. Once the NFL filed in New York, it was stupid for Kessler to file in Minnesota. (I feel I have the right to criticize because I have practiced law for 29 years and spent most of my working hours dealing with labor law matters.) By filing in Minnesota, the NFLPA looked like they were just as guilty of forum shopping as the NFL—hence the first-to-file rule breaks the tie. I doubt a Massachusetts court would have returned the case to New York.

For those people who are saying we shouldn’t be whining about the case ending up in New York and that whether the case is in New York or elsewhere doesn’t make a difference, I disagree. Federal judges are not immune to pressures from their surrounding community. I would also assume that it is too much to expect that a New York judge’s inclination to believe that Brady cheated will be completely unaffected by the fact that he is a Jets fan or has been reading the sports pages of New York newspapers for the past 15 years. If Brady and the NFLPA were appealing Goodell’s decision solely over matters of law and procedure, then it wouldn’t matter so much whether the case was heard in New York or not. But it is primarily a fact driven appeal. As I see it, the only way that the NFLPA is going to get Brady’s suspension overturned is by persuading the judge that Goodell was not impartial—that he had a personal agenda that was served by going after Brady and the Patriots and that the Wells investigation and the subsequent appeal hearing were driven by a predetermined conclusion. In effect the NFLPA is going to have to persuade a New York City judge that a prominent New York City institution is corrupt and then to announce that in his decision. That’s going to be difficult to do. It would have been a lot easier to persuade a Boston judge to do that. Before this case ended up in New York I thought it probable that Brady’s suspension would be completely overturned. Now I think that’s unlikely. And the more I hear from Judge Berman, the more pessimistic I become.[/QUOTE

^^^ one of the best posts I've seen on the topic. And you would think that the NFLPA would know this already. I don't know what they were thinking. This should've been avoided. If I'm Brady, then I'm mad as hell

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Mr. Objective said:

They absolutely would have been better. The most appropriate venue for an employment action in federal court is generally considered to be the district of the principal site of employment of the complaining party, in this case the District of Massachusetts. Once the NFL filed in New York, it was stupid for Kessler to file in Minnesota. (I feel I have the right to criticize because I have practiced law for 29 years and spent most of my working hours dealing with labor law matters.) By filing in Minnesota, the NFLPA looked like they were just as guilty of forum shopping as the NFL—hence the first-to-file rule breaks the tie. I doubt a Massachusetts court would have returned the case to New York.

For those people who are saying we shouldn’t be whining about the case ending up in New York and that whether the case is in New York or elsewhere doesn’t make a difference, I disagree. Federal judges are not immune to pressures from their surrounding community. I would also assume that it is too much to expect that a New York judge’s inclination to believe that Brady cheated will be completely unaffected by the fact that he is a Jets fan or has been reading the sports pages of New York newspapers for the past 15 years. If Brady and the NFLPA were appealing Goodell’s decision solely over matters of law and procedure, then it wouldn’t matter so much whether the case was heard in New York or not. But it is primarily a fact driven appeal. As I see it, the only way that the NFLPA is going to get Brady’s suspension overturned is by persuading the judge that Goodell was not impartial—that he had a personal agenda that was served by going after Brady and the Patriots and that the Wells investigation and the subsequent appeal hearing were driven by a predetermined conclusion. In effect the NFLPA is going to have to persuade a New York City judge that a prominent New York City institution is corrupt and then to announce that in his decision. That’s going to be difficult to do. It would have been a lot easier to persuade a Boston judge to do that. Before this case ended up in New York I thought it probable that Brady’s suspension would be completely overturned. Now I think that’s unlikely. And the more I hear from Judge Berman, the more pessimistic I become.

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TommyBrady12 said:

the judge is a clinton appointee (and hopefully pro labor).

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smurfalarm said:

The NFL and NFLPA are probably too far apart to agree on number of games, but if they wanted to, both sides could save face by agreeing to something like re-arbitration with a new hearing officer. I'm sympathetic to Berman here. This doesn't HAVE to be hashed out in a court of law.

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TruthSeeker said:

I think the NFLPA would very willingly agree to arbitration before a neutral arbitrator. That's what they will try to work out. As long as the NFL insists that Goodell be the arbitrator in any rehearing (where the NFL agrees to correct the many procedural mistakes it made - if that were indeed possible), I expect the NFLPA would say, "thanks, but no thanks".

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varjao said:

I was reading Mike Reiss blog and got a little upset with this part, a quote from Kessler:

"[The change of venue] makes absolutely no difference to us," he told ESPN's Chris Mortensen. "We're still in a neutral forum for the first time in this case. Our arguments are compelling, and we think when they are presented here [in New York], they will remain compelling."

Why are Brady's team still talking with this scum?

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blackglass3 said:

Nothing has gone NE's way with this whole thing. I think we're about to be even more disappointed.

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smurfalarm said:

The NFL and NFLPA are probably too far apart to agree on number of games, but if they wanted to, both sides could save face by agreeing to something like re-arbitration with a new hearing officer. I'm sympathetic to Berman here. This doesn't HAVE to be hashed out in a court of law.

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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.

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