Can Tom sue the NFL and Wells Firm?

[PatsDeb]

They were very careful with their words. Don't see a strong change of winning that kind of lawsuit. Besides, the Wells report wasn't as damaging as the flawed soundbite-highlight-driven media's attempt to interpret it. If anything Brady should be going after the Bill Polians and Brian Dawkins of the world.

Kraft really needs to insist on a thorough study of how balls maintain air pressure, including whether the process of breaking them in has any effect.

They weren't careful enough, IMO, and all the firestorm happening right now, with all sorts of people calling for Brady's suspension, calling his legacy forever tarnished, calling him a cheater, etc. is addding to a potential damage claim. On Friday at 5:00 p.m. the NFL should quietly announce a small fine, try to put this epic disaster behind them and try to stem the damage it is doing to Brady and itself, but it just isn't smart enough, IMO.

Edit - and forget Kraft. He sucks right now.

 

[obgod3]

Well Im not even sure under the collective bargaining agreement that Brady can sue the NFL, pretty sure he cant. Also Im almost certain under the CBA that he has to go to arbitration not a court of Law.

 

[JR4]

Well Im not even sure under the collective bargaining agreement that Brady can sue the NFL, pretty sure he cant. Also Im almost certain under the CBA that he has to go to arbitration not a court of Law.

If true then maybe Gisele can. It's her husbands' good name that has been crucified. She is not "under the CBA"

 

[VectorPrime]

Kraft not stepping up to bat for Brady is horrendously pathetic. This man made you who you are, you'd be a middle of the pack no name owner without a Super Bowl to your name if not for him.

 

[condon84]

If u sue. u open yourself up to discovery ie: cell phone texts etc.

Yeah sure.

But doesn't that also open up the league to cell phone texts, emails, etc.? It would be interesting to find out the private messages between Wells and Goodell as well as whatever communication Kensil had with Goodell. That might be worth it.

 

[Kdo5]

Kraft not stepping up to bat for Brady is horrendously pathetic. This man made you who you are, you'd be a middle of the pack no name owner without a Super Bowl to your name if not for him.

Brady and Belichick have rebuilt this organization. We went from mediocre (bad at times) to arguably the best of all time. Kraft not stepping up to bat for Tom like he didn't step up to bat for Bill during Spy Gate.

 

[Jlaff]

I would have to agree with the posts about the relevance of his conversations being a pre-requisite to introducing them, but that's just an educated guess (not finished law school yet).

We should also ask what sort of damages Brady could expect if he wins. He's a major public figure, endrosements and all the rests. Had an interest in politics IIRC. Do potential damages rise to an amount that concerns the other owners, and therefore elicit some financial consideration in whether or not they support Kraft and Brady?

 

[JJC]

I worry about Brady saying F-it and retiring more than anything else.

I had that thought as well. If they suspend him, and the team accepts it, I would not fault him for responding with a press conference announcing his immediate retirement. Sure, the league is bigger than any single player, but it will leave a mark. Whatever happens during the season, the chatter will be "The defending champs were not whole to defend their title. Does this taint the new champs?" Furthermore, if I were Brady, I would say that I would consider un-retiring when Goodell was no longer the commissioner. Put it on the owners. They have been greedy weasels, allowing Goodell's mismanagement of operations because he has added so much income to the league. They have lost their way. Goodall doesn't give a rat's ass about the "integrity of the game" - he cares about his paycheck, which is a function of the owners' paychecks.

 

[Trycked]

What if, when McNally and Jastremski gets fired, would it be more effective for Brady to join / bankroll a lawsuit of McNally, Jazstremski and Brady v NFL , or just McNally, Jazstremski vs NFL for wrongful termination.

 

[goheels22002]

This is a bizarre thread. Nothing has happened to Brady just yet. The NFLPA will tackle the sanctions legally if they are disproportionate to the offense of being "generally aware" of something that was "more probable than not."

The NFL hasn't had much success before judges in recent months with challenges by the NFLPA related to NFL-appointed arbitrator's decisions. Judge Jones in the Ray Rice assault matter, and Judge Doty in the Adrian Peterson child abuse matter both overturned the suspensions levied by the Commissioner. Both matters had iron clad evidence of much more serious criminal acts. In both cases, federal judges ruled the NFL stepped outside its authority with respect to the collective bargaining agreement. The Wells report is a joke compared to the evidence in both cases.

The Washington Post - Feb. 26, 2015, - "For the second time, the NFL Players Association has declared the ruling a significant triumph for players’ rights.

And for the second time, it is unclear what practical impact the decision will have, if any, for the player involved.

U.S. District Judge David S. Doty on Thursday overruled NFL-appointed arbitrator Harold Henderson’s rejection of Minnesota Vikings running back Adrian Peterson’s appeal of his suspension by the league, which was to run at least until April 15. Doty sent the case back for further proceedings under the sport’s collective bargaining agreement, potentially clearing the way for Peterson’s reinstatement sooner than mid-April.

In November, former federal judge Barbara S. Jones reinstated former Baltimore Ravens running back Ray Rice, ending Rice’s indefinite suspension by the NFL. Jones had been appointed by the league to hear and resolve Rice’s appeal of his indefinite suspension, which had been imposed by the league in September (of 2014.)"

In this case, there is evidence that the league looked the other way when other teams manipulated game balls at best, and set up a sting to nail a specific player and team at worst. The arbitrator will have his or her hands full in any arbitration, especially knowing that the NFLPA is on a roll when it appeals to a federal court.

 

[tom444]

McGovern: Tom Brady could sue over sullied rep


Tom Brady’s reputation has been tarnished, and if the New England Patriots quarterback wants to fight back, he could take everyone involved in the “Deflategate” investigation to court.

It would be a brazen maneuver by the future Hall of Famer, but Brady has every right to try to win his good name back — and some serious cash — in a civil suit.

He could argue that league Commissioner Roger Goodell and lead investigator Ted Wells and his law firm defamed him when they tied him to the scandal in the lengthy report.

A defamation suit would not be completely unheard of. Jonathan Vilma, a former linebacker with the New Orleans Saints, sued Goodell in federal court for tying his name to a bounty scandal — dubbed “Bountygate” — that plagued the team.



“Goodell’s statements forever falsely taint and permanently damage Vilma, in the eyes of NFL clubs, media, fans and sponsors, as a player who brazenly disregards NFL rules and intentionally attempts to injure his opponents,” Vilma’s attorneys wrote. “Media will forever mention his name in the context of the Bounty investigation and fans will forever remember Vilma with ill repute rather than remember his substantial accomplishments on and off the field.”

Sounds familiar.



That case was eventually thrown out by Louisiana Judge Helen Berrigan, who ruled that the NFL had a right to investigate. The same would likely happen to Brady if he sued. After all, the NFL Players Association and league agreed on how investigations can be done through a collective bargaining agreement.



Similarly, Brady faces a particularly high bar to prove defamation. As a public figure, he would have to show that false statements were made with “actual malice.” In this context, that would mean the NFL and investigators intentionally and knowingly made false allegations about Brady’s involvement in the 243-243-page Deflategate report.



Public figures don’t typically win the day in that type of litigation. Unless Brady’s attorneys are able to find a damning smoking gun, a judge would likely dismiss the case before it went before a jury.

But that doesn’t mean all would be lost.



When Vilma had his case dismissed, Berrigan was charged with looking over the investigation process, and she didn’t hold back:



“The Court ... believes that had this matter been handled in a less heavy handed way, with greater fairness toward the players and the pressures they face, this litigation and the related cases would not have been necessary.”

Sounds familiar.



http://www.bostonherald.com/news_op...mcgovern_tom_brady_could_sue_over_sullied_rep

 

[RobertWeathers]

McGovern: Tom Brady could sue over sullied rep


Tom Brady’s reputation has been tarnished, and if the New England Patriots quarterback wants to fight back, he could take everyone involved in the “Deflategate” investigation to court.

It would be a brazen maneuver by the future Hall of Famer, but Brady has every right to try to win his good name back — and some serious cash — in a civil suit.

He could argue that league Commissioner Roger Goodell and lead investigator Ted Wells and his law firm defamed him when they tied him to the scandal in the lengthy report.

A defamation suit would not be completely unheard of. Jonathan Vilma, a former linebacker with the New Orleans Saints, sued Goodell in federal court for tying his name to a bounty scandal — dubbed “Bountygate” — that plagued the team.



“Goodell’s statements forever falsely taint and permanently damage Vilma, in the eyes of NFL clubs, media, fans and sponsors, as a player who brazenly disregards NFL rules and intentionally attempts to injure his opponents,” Vilma’s attorneys wrote. “Media will forever mention his name in the context of the Bounty investigation and fans will forever remember Vilma with ill repute rather than remember his substantial accomplishments on and off the field.”

Sounds familiar.



That case was eventually thrown out by Louisiana Judge Helen Berrigan, who ruled that the NFL had a right to investigate. The same would likely happen to Brady if he sued. After all, the NFL Players Association and league agreed on how investigations can be done through a collective bargaining agreement.



Similarly, Brady faces a particularly high bar to prove defamation. As a public figure, he would have to show that false statements were made with “actual malice.” In this context, that would mean the NFL and investigators intentionally and knowingly made false allegations about Brady’s involvement in the 243-243-page Deflategate report.



Public figures don’t typically win the day in that type of litigation. Unless Brady’s attorneys are able to find a damning smoking gun, a judge would likely dismiss the case before it went before a jury.

But that doesn’t mean all would be lost.



When Vilma had his case dismissed, Berrigan was charged with looking over the investigation process, and she didn’t hold back:



“The Court ... believes that had this matter been handled in a less heavy handed way, with greater fairness toward the players and the pressures they face, this litigation and the related cases would not have been necessary.”

Sounds familiar.



http://www.bostonherald.com/news_op...mcgovern_tom_brady_could_sue_over_sullied_rep

While I agree that Brady winning a defamation (or even filing one) lawsuit is still a log ways off, the fact that his camp and Yee are posturing in that direction has to make the NFL nervous- and specifically Goodell. Goody came out of Bountygate looking like an idiot. Hes insulated himself a little better this time around but ultimately the league - and Goody indirectly will run the risk of looking like fools if the court's opinion is such that the Wells Report is nothing more than a screenplay for a movie based on real life events.

 

[grux]

I agree but I think people would rather focus on football and going after a perfect season than Brady v. The NFL.

It would make Spygate seem like a tiny distraction compared to this.

I would have no problem watching Brady expose the frauds running the NFL and having our team run the table. Like Yee has stated, the nfl disciplinary process is broken, players are assigned guilt and have to prove their innocence. It is about time someone steps up and educates the public on how the NFL's disciplinary process is ass backwards.

 

[RobertWeathers]

I would have no problem watching Brady expose the frauds running the NFL and having our team run the table. Like Yee has stated, the nfl disciplinary process is broken, players are assigned guilt and have to prove their innocence. It is about time someone steps up and educates the public on how the NFL's disciplinary process is ass backwards.

Neither do I. Just a question of how much stomach Tom has for it.

 

[Hammer of Thor]

While I agree that Brady winning a defamation (or even filing one) lawsuit is still a log ways off, the fact that his camp and Yee are posturing in that direction has to make the NFL nervous- and specifically Goodell. Goody came out of Bountygate looking like an idiot. Hes insulated himself a little better this time around but ultimately the league - and Goody indirectly will run the risk of looking like fools if the court's opinion is such that the Wells Report is nothing more than a screenplay for a movie based on real life events.

Goodell has come out of everything looking like an idiot. Hasn't impacted him yet. In fact, he's making more money than ever. I'm sure he thinks he's made out of Teflon at this point.

Whatever the stupidest decision to make is, that will be the one Goodell makes. The winds of the public are strongly against Brady right now. That's what drives Goodell.

 

[QuantumMechanic]

We should also ask what sort of damages Brady could expect if he wins. He's a major public figure

Which also means the public figure standard ("actual malice") applies in any defamation case he'd file. The definition of "actual malice" in the context of defamation is "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not."

While the report is heavily-spun, I am would wager that every statement of fact in it is true. And statements of opinion aren't libelous.

Brady's team will hard-pressed to win any defamation case against Wells/NFL.

 

[Mr. Objective]

Have to disagree. They've engaged in some pretty serious reputation-damaging crap with this report, with little to back it up (texts between two [probably] star-struck flunkies talking ABOUT Brady, not TO Brady - Are you kidding me?!?). It's actually a nightmare for the NFL too if you think about it. They have the ability to shut it down right now, but they won't.

Not that you asked me, but I’m a lawyer who has handled defamation cases and I have to agree with Pyper that Brady has almost no chance of prevailing in a defamation case against the Wells firm or the NFL. Brady is a public figure and as such would have to prove that Wells acted with actual malice—that he knew that what was said in his report was false but said it anyway.

I also agree with Pyper that Brady’s best chance of attacking the Wells Report is by appealing whatever suspension or fine he may receive to an arbitrator. Because labor arbitrators can’t arbitrate unless management and labor agree to select them, they try to avoid coming down too hard on one side or the other in rendering their decisions. Thus, if Brady’s suspension or fine were overturned, as I think it would be, it would probably be on the narrow technical grounds that a higher burden of proof is required in labor arbitration to discipline an employee for cheating than the “more probable than not” standard used in the Wells Report. However, the Wells Report is so egregiously biased and one-sided an arbitrator might not be able to resist criticizing the substance of the report. In any case, having the NFL’s discipline overturned on any grounds would be a public relations plus for Brady.

 

[upstater1]

I'm not a Lawyer and I don't play one on TV. I've also learned that it's dangerous for those of us who don't know what we're talking about to throw around advice at a time like this. I posted this in another thread and I'm posting it again because I don't have anything much else to say about this until the League hands down its "sanctions" or whatever they call them.

Neither Kraft nor the organization is implicated in this report, since it specifically takes Belichick and (by implication) his staff off the hook. It is clearly all "on Brady" and on what the report asks us to believe was a rogue operation run at his behest.

This is way out of my bailiwick, but Brady/Bundchen are one of the few non-owner "entities" in the NFL whose pockets are deep enough to go toe-to-toe with the League in litigation if they so choose; presumably, the Krafts would chip in, but I'm not so sure given the weak tone of Kraft's comments to date. However, the tone of Yee's statement suggests that Brady might be leaning in the direction of litigating this.

If I were his friend, I'd advise Brady to get opinions from one or two top legal minds who are knowledgeable of the kind of litigation he would need to pursue.

I'm a layman, so I have no idea where he would go for those opinions or what his recourse might be, but I'd probably think along the lines of a Bob Barnett, David Boies or Ted Olson, any one of whom would charge what most of us would count as a big chunk of our wages just to give him their view. I'd advise him to get a hard-nosed assessment of his likelihood of success and potential costs.

I'd advise him then to sit down with his most trusted advisers and decide what to do.

He is going to go to court regardless because of the impact on his reputation.

The NFL has nothing to lose right now by slamming him with a huge suspension because it is going to court regardless.

The NFL will look good to the majority by slamming him.

The problem here as I see it is the relationship between the Patriots and Brady and the Patriots and the NFL.

This will turn into a no holds barred fiasco. Many will lose. Brady has already lost.

If I were Brady, I'd take down a lot of people with me.

 

[Jimke]

The NFLPA would love to help Tom Brady in a suit against the NFL. They have the legal
eagles with knowledge of the rules and the CBA . Tom could join Drew Brees as an NFLPA
spokesperson. There seem to be lots of flaws in the Wells report to pick apart. I just wonder
whether Bob Kraft and Tom Brady would be facing off against each other in a court case.

 

[obgod3]

Yeh this all goes to arbitration, I fully expect a 2 game suspension and then by the time the season starts and Arbitration is complete Brady plays as scheduled. Im not a lawyer but if you look at cases over the last couple years the NFL has lost in almost all arbitration they have been involved in.

I think one thing that is getting ignored here is that the NFLPA told the Patriots players that they should not speak to the NFL. Funny how that isn't In the news rather than Brady didn't corporate.

Just remember that Brady and Kraft are clearly on tow sides of this from a business perspective.