Forbes: Why Tom Brady Will Win If He Sues

[PatsWickedPissah]

http://www.forbes.com/sites/jasonbe...s-roger-goodell-and-the-nfl-over-deflategate/

Seems to be an avalanche of articles. This one by a lawyer & a Professor of Sports Law.

 

[IcyPatriot]

http://www.forbes.com/sites/jasonbe...s-roger-goodell-and-the-nfl-over-deflategate/

Seems to be an avalanche of articles. This one by a lawyer & a Professor of Sports Law.

That's a real pisser for the NFL Pissah!

 

[XLIX]

I love what he writes about discovery. It seems to me that, given the fact that Brady already testified under oath, he has nothing to lose by forcing the various officers in the league office to testify under oath.

 

[BradyFTW!]

Nice, Michael Brandt posted this on the NFL subreddit yesterday. The reaction from non-Pats fans was predictably mixed, but at least among the more informed fan communities, stuff like this does seem to be having at least some effect. I don't think anything will get through to the everyday, low-information fan, but I'll still take whatever we can get.

 

[YOUGOTMOSSED]

"That being said, it is unclear what jurisdiction Brady would file his grievance. It’s possible that Brady’s team and the NFLPA might try to use a federal court in Minnesota (which has been favorable to previous players who have sued the league), or file this action in Massachusetts. It is also possible that it be filed in a federal court in New York, or the Supreme Court (the lower level of state court) in New York. Thus – the discovery rules of that venue will apply. "

Filing suit in New York? I'd call that legal malpractice.

 

[YOUGOTMOSSED]

One thing the article didn't mention, but probably should have, is that when there are privacy and relevance issues on a requested item of discovery, the court can do an "in camera inspection" to deny the other side from seeing irrelevant and potentially embarrassing/private stuff like sexy pictures of Brady's wife on his cellphone. Clearly, Brady would have no such protection if he simply turned his phone over to Ted Wells.

The law geek in me is very curious to see if the NFL lawyers will claim that any communications with Wells are protected by attorney-client privilege. Simply raising that objection will open up a huge can of worms regarding Well's "independent investigator" status.

 

[Deus Irae]

The law geek in me is very curious to see if the NFL lawyers will claim that any communications with Wells are protected by attorney-client privilege.

If they do that, the NFLPA would probably start doing handsprings of joy.

 

[YOUGOTMOSSED]

If they do that, the NFLPA would probably start doing handsprings of joy.

I would imagine Brady/NFLPA's attorney are going to demand "any and all" communications between the NFL and Ted Wells/his firm. Didn't Wells provide legal advice to the NFL on separate matters? They may have to raise an attorney-client privilege objection to protect those communications.

 

[Deus Irae]

I would imagine Brady/NFLPA's attorney are going to demand "any and all" communications between the NFL and Ted Wells/his firm. Didn't Wells provide legal advice to the NFL on separate matters? They may have to raise an attorney-client privilege objection to protect those communications.

I've never really understood why people felt Brady would be worried about discovery. Given the likely scope of any appeal, the worry should be pretty much all on the NFL side.

 

[YOUGOTMOSSED]

I've never really understood why people felt Brady would be worried about discovery. Given the likely scope of any appeal, the worry should be pretty much all on the NFL side.

I'd love to see how Goodell would hold up at a deposition. I'm hoping they videotape his deposition if/when it happens.

 

[borg]

If Brady does take it to court, who pays the freight.....Brady....the NFLPA .....or both?
Then there is the question of what a Brady lawsuit will be seeking. Reinstatement of lost games for sure....but what else? Damages? Damages plus costs?
Lawyers....what are your thoughts
PS.....seeing how protective Mrs Brady was after the Giants SB loss ....I'm betting (hoping) Gisele wants to take this fight to the bitter end and defend her man. Latin women are fearless. And Rich Latin women.......yikes

 

[raduray]

The article doesn't address the bar to court interference in a grievance that should have been handled by a CBA agreement. To me, that is the biggest challenge. Will a court agree to hear the case?

 

[YOUGOTMOSSED]

If Brady does take it to court, who pays the freight.....Brady....the NFLPA .....or both?
Then there is the question of what a Brady lawsuit will be seeking. Reinstatement of lost games for sure....but what else? Damages? Damages plus costs?
Lawyers....what are your thoughts
PS.....seeing how protective Mrs Brady was after the Giants SB loss ....I'm betting (hoping) Gisele wants to take this fight to the bitter end and defend her man. Latin women are fearless. And Rich Latin women.......yikes

I would imagine that Brady would continue using his own separate counsel on the matter.

I'm curious about what those two equipment guys are going to do about joining the litigation party.

 

[YOUGOTMOSSED]

"That being said, it is unclear what jurisdiction Brady would file his grievance. It’s possible that Brady’s team and the NFLPA might try to use a federal court in Minnesota (which has been favorable to previous players who have sued the league), or file this action in Massachusetts. It is also possible that it be filed in a federal court in New York, or the Supreme Court (the lower level of state court) in New York. Thus – the discovery rules of that venue will apply. "

New York Supreme Court? I know for a fact that just about every judge in that court is either a Jets or Giants fan. I know the article is only talking about potential venues but I think we can safely rule out that one.

 

[Froob]

I've never really understood why people felt Brady would be worried about discovery. Given the likely scope of any appeal, the worry should be pretty much all on the NFL side.

If they get discovery on these fools not only will deflategate be reversed now we're crush spygate too if they find the league conspired against the Pats. Two birds stoned at once.

 

[ctpatsfan77]

The article doesn't address the bar to court interference in a grievance that should have been handled by a CBA agreement. To me, that is the biggest challenge. Will a court agree to hear the case?

It's not a given, but the CBA (and the concept of equity in law) depends on good faith. It would be fairly easy for Brady and the NFLPA to argue that there was so little good faith shown by the NFL here (e.g., intentionally allowing false information to persist) that the NFL has forfeited any claim that the CBA overrides the ability to sue.

 

[RobertWeathers]

I'd love to see how Goodell would hold up at a deposition. I'm hoping they videotape his deposition if/when it happens.

He was a muttering fool during Bountygate. I see a much worse outcome for him here.

 

[Fencer]

I've never really understood why people felt Brady would be worried about discovery. Given the likely scope of any appeal, the worry should be pretty much all on the NFL side.

It's the people who think that he and everybody associated with the Pats are DirtyRottenCheatersWhoFinallyBelatedlyGotCaught.

 

[Fencer]

One nitpick -- this isn't really a Forbes article per se. E.g., the writer has only the loosest affiliation with Forbes.

Some people or organizations pay to have that level of affiliation.

 

[MassPats38]

I've never really understood why people felt Brady would be worried about discovery. Given the likely scope of any appeal, the worry should be pretty much all on the NFL side.

Do you find it a bit odd that this lawyer opines that Brady's ability to prevail 'predominantly' relies on discovery without ever defining the legal issues for which discovery might be sought?

The discovery tools described are a nice summary of civil procedure. I would give his opinion a little more weight if he actually described a legal theory for the civil complaint before offering what appears to be no more than general rules of civil litigation and the value of discovery to the typical case. That tends to be true when the issues are broader, typical of general civil claims anticipating a full trial. In arbitration reviews, there may be little or no discovery. I will be very interested to see if any non-arbitration theories are advanced, and if so how they can avoid a motion to dismiss in order to see discovery at all (if I were the NFL, I would move to stay any and all discovery until the motion to dismiss were decided, citing as good cause the general principles favoring deference to arbitration).

Discovery tools and standards are tethered to claims and defenses. All of these tools have counter-tools, and even a neophyte litigator knows how to shut down a discovery fishing expedition. They are called objections and motions to quash.