Can Tom sue the NFL and Wells Firm?

[Jimke]

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.

Should have read your post first. What I'm afraid will happen is a rift between Kraft and Brady. The
fans may have to choose one or the other. Kraft down deep is a VIP among the NFL owners.

 

[RobertWeathers]

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.

I agree. The court or arbitrator will articulate that in their ruling/opinion. Very similar to what was said when Vilma lost his defamation suit.

 

[Soul_Survivor88]

One of the requirements of a defamation suit is to demonstrate and argue that 'malice' was intended. And low and behold, guess what word Don Yee used

YEE: I do think there was some malice intended toward Tom and the organization. I don’t know if the malice was intentional. They’ve been winning for a long time, as we know, and I’ve always told my friends who’ve inquired about the NFL – I tell them, there is no jealousy or envy like NFL jealousy or envy.

SIEGEL: But the implication of what you’re saying is that the NFL was open to or even wanted to have a tainted AFC championship game, and it just doesn’t seem likely that that would be in the interest of the National Football League to have that.

YEE: I’m not necessarily saying that, Robert. I’m saying that it’s my opinion that there may be people within the NFL who have certain agendas as to how they want to see certain teams perform or how games be staged.

 

[Ivan]

Should have read your post first. What I'm afraid will happen is a rift between Kraft and Brady. The
fans may have to choose one or the other. Kraft down deep is a VIP among the NFL owners.

Easy choice. Adios football.

 

[Jlaff]

One of the requirements of a defamation suit is to demonstrate and argue that 'malice' was intended. And low and behold, guess what word Don Yee used

YEE: I do think there was some malice intended toward Tom and the organization. I don’t know if the malice was intentional. They’ve been winning for a long time, as we know, and I’ve always told my friends who’ve inquired about the NFL – I tell them, there is no jealousy or envy like NFL jealousy or envy.

SIEGEL: But the implication of what you’re saying is that the NFL was open to or even wanted to have a tainted AFC championship game, and it just doesn’t seem likely that that would be in the interest of the National Football League to have that.

YEE: I’m not necessarily saying that, Robert. I’m saying that it’s my opinion that there may be people within the NFL who have certain agendas as to how they want to see certain teams perform or how games be staged.

Can we get a link to that too? My Pats news day is just starting for me right now.

 

[Jlaff]

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.

I trust your experienced opinion, but I would still argue the report reeks of negligence and recklessness all over the place - ignoring any sort of proper control group, etc. I would also question whether use of the Exponent company alone is on the verge of becoming proof of knowledge/reckless with whether information was true.

 

[crafty213]

Anyone can sue anyone but it would be a waste of time.

 

[1960Pats]

I'm sure he is taking it very personally (who could blame him), but if the NFL levies a small fine and says something like the report was unclear or flawed, and the rules violation had no impact on the game, his advisors would probably tell him that it isn't worth it to sue.

I believe the NFL won't do the right or smart thing though (they haven't done it so far), and will try to suspend Brady or levy a hefty fine, thus leading him to sue their asses off and probably win, several years from now. It won't be fun for anyone though. I worry about Brady saying F-it and retiring more than anything else.

It's amazing how much power the media has these days. When I look back on it now there used to be a lot of media talk about handshakes from Belichick. That was another NY driven hatchet job.

If I were in Tom's position I would fight this all the way.

I also think that this will drive Brady even more.

I wouldn't bet against him, that's for sure.

 

[QuantumMechanic]

One of the requirements of a defamation suit is to demonstrate and argue that 'malice' was intended.

The legal term (re: defamation) is "actual malice" and confusingly and oxymoronically it doesn't require there to be any malice (as normal English speakers would mean the word) at all. It only means that the defendant published knowingly published falsehoods or unknowingly published falsehoods with a reckless disregard to whether or not they were false.

 

[1960Pats]

No one wants this?

I DO.

The NFL corruption needs to be exposed to the light for all to see.

It would be like going into the kitchen of a NY/NJ restaurant and putting on the lights. You'll see all sorts of creatures scurrying around in different directions.

 

[The Gr8est]

It would be like going into the kitchen of a NY/NJ restaurant and putting on the lights. You'll see all sorts of creatures scurrying around in different directions.

Just like in the Rats locker room.

 

[BradyFTW!]

Should have read your post first. What I'm afraid will happen is a rift between Kraft and Brady. The
fans may have to choose one or the other. Kraft down deep is a VIP among the NFL owners.

That's a pretty easy choice to make.

 

[BradyBranch39]

Imagine for a minute that you own some completely harmless franchise—like the Tampa Bay Buccaneers.

There is no chance that you're going anywhere so Tom Brady is of absolutely no threat to your championship chances.

How terrified must you be of the road Good*ll is heading down right now?

These 32 men need to call a secret meeting and find a new commissioner right now.