Patriots fan files consumer complaint against the NFL

Big Bucks said:

Anyway.. online petition started. Whether you think it will not do any good or it might. Just don't sit on your hands moaning about Goodell being a twunt. Help someone that is trying to at least do something, doesn't matter if you think it will be thrown out. We all agree its got to start from something no matter how stupid or forlorn you feel it might be.

[email protected] , [EMAIL][email protected][/EMAIL]: NFL: RESTORATION OF THE 1ST & 4TH ROUND (PATRIOTS) 2016 DRAFT PICKS

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I signed it. We fans deserve to have a voice in this. Although, I know they don't give a damn about what we want. They just want us to keep spending money on their product.

Joker said:

You guys are arguing a point that hinges on the NFL WINNING this appeal. They won't. Goodell is intent on taking this all the way to the top. When the league gets shut down by the appeals court,NFL offices will appeal to the next venue...which is the Supreme Court if I'm not mistaken. Goodell will revel in this chance to show the world he will go to any and all lengths to "protect the shield". It is who he is, it is his raison d'etre.

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I think that's right. I'm not sure that there isn't an intervening step where he appeals to the entire Second Circuit after losing with the Panel of three judges, but I think he wants this to end up in the Supreme Court, where he's banking on Kennedy joining Scalito, Roberts and Thomas in a 5--4 Decision upholding Management. I think it's possible that SCOTUS would refuse to hear it if the Second Circuit upholds Berman 3--0.

flasox27 said:

I would applaud and congratulate Kraft on any effort to try to get the draft picks back. It would go along way to show that he cares about his team and its fans.

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I think there's a lot more going on than we know about.

PatsFanSince74 said:

I think there's a lot more going on than we know about.

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Losing picks (especially when we didn't do anything wrong) is mortifying, but what actual harm did we suffer from it that isn't pure speculation?

We take the money we would have spent on the picks, sign someone like Forte (who is almost certainly bringing more to the table than any rookie) and how are we any worse off?

I think this is why Kraft isn't really making too much fuss over this and why any lawsuit would be futile as the damages are purely speculative.

PatsFanSince74 said:

I think there's a lot more going on than we know about.

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Another 2500% bump in salary for Good ole' Goodie? How about some extra hugs? Maybe a hot coffee every morning.

I'd like to believe what you're saying but judging by Kraft's previous actions, I highly, highly doubt it.

Someone should tell that guy that the 4th round pick isn't till 2017.

Would look a little more knowledgable.

YOUGOTMOSSED said:

Losing picks (especially when we didn't do anything wrong) is mortifying, but what actual harm did we suffer from it that isn't pure speculation?

We take the money we would have spent on the picks, sign someone like Forte (who is almost certainly bringing more to the table than any rookie) and how are we any worse off?

I think this is why Kraft isn't really making too much fuss over this and why any lawsuit would be futile as the damages are purely speculative.

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In theory that could work, but a lot of people thought Forte was on his last legs before this year, he ended up having a good year but he's still an over 30 RB, the fall off could come quick. And then where are you?

Armchair Quarterback said:

In theory that could work, but a lot of people thought Forte was on his last legs before this year, he ended up having a good year but he's still an over 30 RB, the fall off could come quick. And then where are you?

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Weren't Antwain Smith and Corey Dillion both in their 30's (or a shade under) in the Patriots championship years?
I'm no NFL scout but I'm inclined to believe Forte would have more immediate impact than almost any rookie (and almost certainly any rookie RB).

Hello Pats Fans!
Realizing that Bob Kraft is between a rock and a hard place in regards to fighting the NFL to get our picks back and after doing some research and getting a little legal advice, I filed a Consumer Complaint under MA General law 93A (Section 2a) on Friday. (2/5/16)


I realize the likelihood of the complaint gaining ANY traction is remote, but part of my initial motivation was to "push" the conversation and keep the fires burning. As I explained in laymen's terms to a friend, "if the Government confiscated our car because they claimed we were using it for illegal activity, then we were completely exonerated in the court of law, the Government would have an obligation to return our confiscated goods (car). Why should it NOT be the same for the NFL in regards to the unwarranted Draft Picks they plucked from our New England Patriots?

I have created an ONLINE PETITION for Patriot fans to add their signature in hopes of putting pressure on MA Attorney General Maura Healey, to take some kind of action or even kick it up the chain to a higher level: RESTORATION OF THE 1ST & 4TH ROUND (PATRIOTS) 2016 DRAFT PICKS

Please feel free to sign, share and promote the petition and the cause! let it be our own #MillionFanmarch to get justice by forcing the NFL to restore the Draft Picks to the Patriots!

Sincerely,

Jim Derochea
@jimderochea

XLIX said:

He has no legal standing here. It will be thrown out in a heartbeat.

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You may be right, however, a Class Action Suit is fruitless since the ticket policy is strict and in black and white, however, the MA Consumer Protection Laws provides a unique angle that has never been tried. Anything that keeps this topic in the forefront and puts even an ounce of pressure on Goodell is a good thing. The NFL's unwarranted punishment against the Patriots created an unfair method of competition in that it punishes a team for no crime, while the remaining 31 teams were left unpunished for the same "no crime" not to mention that you just can't confiscate something from an entity or from someone as a punishment, then not return it when the entity or person is completely absolved.

Just my opinion... ~ Jim D

FirstAndGoal said:

You are not a lawyer. Just are just trying to play one. You are wrong. This does not apply under the MCPA.

Sent from my SAMSUNG-SM-N920A using Tapatalk

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According to a prominent attorney who I sought advice from, it does apply to the MCPA, at least to soem degree.

YOUGOTMOSSED said:

Losing picks (especially when we didn't do anything wrong) is mortifying, but what actual harm did we suffer from it that isn't pure speculation?

We take the money we would have spent on the picks, sign someone like Forte (who is almost certainly bringing more to the table than any rookie) and how are we any worse off?

I think this is why Kraft isn't really making too much fuss over this and why any lawsuit would be futile as the damages are purely speculative.

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Unfortunately, a first round pick is much more cost effective in terms of price and control than just signing someone that is why aside from quarterbacks and all pro players first round picks are rarely traded for anything but other picks. However, if Kraft were willing to show with his actions in addition to his words, he realizes what was done to his team by the POS, I would have a lot more confidence in the team.s future, and more forgiveness of the past.

jimderochea said:

You may be right, however, a Class Action Suit is fruitless since the ticket policy is strict and in black and white, however, the MA Consumer Protection Laws provides a unique angle that has never been tried. Anything that keeps this topic in the forefront and puts even an ounce of pressure on Goodell is a good thing.

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I don't think it is a good thing when it makes Patriots fans look stupid. Just like we laughed at the idiot Jets fan who sued the league over spygate, now they have a chance to laugh at us.

IANAL but I know a bit about the law. In order for someone to prove consumer fraud, they have to show they have been defrauded of something. You have to show losses. The NFL taking picks away from the Patriots does not defraud you of a thing. You haven't lost a dime. You're a 3rd party.

STHers can't claim losses. They paid for tickets to a football game and the football game was played. There's no guarantee the home team wins or it will be well officiated or whatever.

I hate what the league did to the Patriots. It has led me to watch far, far less football this year than any other year I can remember. But I personally haven't lost anything, and neither have you. The only one with any legal standing is Bob Kraft, and we all know what he did.

Here is the ruling on the Jets case I was referring to. It was issued by a U.S. Appeals count and appealed to SCOTUS, who refused to hear it.

This lawsuit will get the exact same reception.

Appeals court tosses Jets fan's Spygate suit

"We do not condone the conduct on the part of the Patriots and the team's head coach, and we likewise refrain from assessing whether the NFL's sanctions [and its alleged destruction of the videotapes themselves] were otherwise appropriate," Senior Judge Robert E. Cowen wrote for the three-judge panel.

However, he said Mayer failed to prove any legal right to damages.

"At best, he possessed nothing more than a contractual right to a seat from which to watch an NFL game between the Jets and the Patriots, and this right was clearly honored," Cowen wrote.

flasox27 said:

Unfortunately, a first round pick is much more cost effective in terms of price and control than just signing someone that is why aside from quarterbacks and all pro players first round picks are rarely traded for anything but other picks. However, if Kraft were willing to show with his actions in addition to his words, he realizes what was done to his team by the POS, I would have a lot more confidence in the team.s future, and more forgiveness of the past.

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Losing a 1st round pick is HUGE. Seymour, Wilfork, Mankins, Mayo, McCourty, Jones, Hightower. Those men are nice hits, but even Belichick's 1st round "misses" aren't really that bad.

I wouldn't mind having a player of that caliber here for at least 4 years at cheap money.

XLIX said:

He has no legal standing here. It will be thrown out in a heartbeat.

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Fans like the one filing the complaint make me cringe so hard. I hope this guy is just trolling and trying to waste the NFL's time, and not really this pathetic/delusional.

PatsFanSince74 said:

I think that's right. I'm not sure that there isn't an intervening step where he appeals to the entire Second Circuit after losing with the Panel of three judges

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There is -- that is en banc review. However, unlike appeals to panels it is discretionary and only rarely granted.

As for SCOTUS, one interesting relevant thing will be the ultimate outcome of the Peterson case. The Eighth Circuit currently has that under review (oral arguments were months and months ago -- the Eight had it under consideration before the Brady case appeared before Berman -- gives you a sense of how long appeals may take. And there is a very real possibility that if the Second Circuit rules against Brady it could happen during the season. And it'll be without warning.). If the Second Circuit upholds Berman but the Eight Circuit overrules Doty, I wonder if the resultant circuit split will pique SCOTUS's interests enough for them to grant any certiorari request the NFL makes.

PatsFanSince74 said:

I'm the guy who stood outside the SDNY Courthouse for four hours so I could be five feet from Brady when he left the hearing last August and, according to several posters on this board, can be heard shouting on national TV: "We love you Tommy, one more for the thumb Tommy."

I was also one of the many booing Goodell to his face. So, back the **** off.

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Half a day standing outside? I don't think I'd brag about that, even here.

betterthanthealternative said:

Half a day standing outside? I don't think I'd brag about that, even here.

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It was more an afternoon of socializing with some old friends than anything else.

I was on Jury duty in NYS Supreme Court around the corner from the Moynihan Courthouse. We were released early. I walked a block and saw a couple of reporter friends in the press pen. They got me past security and invited me in and I hung out with the "real media" for the afternoon. It was kind of fun. One thing I noticed was that the "sports media" types like Sal Palantonio and the other assorted SI and ESPN idiots polluting the pavement avoided the folks from AP, CNN, ABC, etc., who were in the area where I was hanging out. I don't think that Pal Sal and company are very well regarded by those other folks.

PatsFanSince74 said:

One thing I noticed was that the "sports media" types like Sal Palantonio and the other assorted SI and ESPN idiots polluting the pavement avoided the folks from AP, CNN, ABC, etc., who were in the area where I was hanging out. I don't think that Pal Sal and company are very well regarded by those other folks.

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That makes sense. As in most professions, journalists don't like posers.