Forbes: Why Tom Brady Will Win If He Sues

[YOUGOTMOSSED]

Good luck with that. A federal magistrate will say "make your requests more specific." That's because you are making the request.

Anyway, I rather talk football.

Yeah, me too. We're going to bore all the other posters talking about the finer points of drafting discovery demands.

As far as narrowing the request, I imagine that they're going to demand the billing records from Wells' firm. Those records should detail any pertinent communications with the NFL.

 

[PatsFanSince74]

I like any article that is "on our side," so I like this article, especially since it was published in the kind of magazine that NFL owners read and take seriously. But, frankly, far more thoughtful and sophisticated analyses of the situation have been produced by posters on this board (I'm thinking of posters like MassPats38, who is one of those who actually seem to understand these issues from a Litigator's perspective and who once again makes strong points in this thread and elsewhere). Reiss' article last week was also far more thoughtful.

 

[PatsFanSince74]

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.

Absolutely. Was Wells functioning as an independent third party or as an Attorney looking out for the interests of his client. Claiming Attorney Client Privilege would, to my non-Lawyer's mind, be the equivalent of taking the Fifth when the other side has the murder weapon with your fingerprints on it and a video of the murder.

 

[MagicMarker]

Were it anything but the NFL, I'd agree. However seeing over the years how even the Nation's Supreme Court has insinuated itself into sports including baseball and football, my guess would be most of these guys are just hoping the case comes their way. Now the agendas could be different depending on where it's filed, but I'd be shocked if nobody would hear the case. Seems hugely unlikely to me. Maybe I'm naive.

What you're really saying is once you go to court, both sides lose control of the case. That's one factor that leads both sides to settle.

 

[neuronet]

What you're really saying is once you go to court, both sides lose control of the case. That's one factor that leads both sides to settle.

Losing control is exactly what the NFL doesn't want, they have WAY more to lose here than Brady and the NFLPA. Turn over the rock and expose the disease-ridden worms in Ted Well's joke of an investigation.

 

[PatsFanSince74]

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.

Yes, both on the side of the League Office as well as of the Colts and Ravens. Interesting that the Ravens' ownership now seems to be trying to move as far away from this as possible.

 

[MagicMarker]

Losing control is exactly what the NFL doesn't want, they have WAY more to lose here than Brady and the NFLPA. Turn over the rock and expose the disease-ridden worms in Ted Well's joke of an investigation.

And, we don't even know what the NFL has to lose here. It could bring out into the open an embarrassing scandal and could cause multiple heads to roll.

 

[PatsFanSince74]

...


*Sal Pal apparently just went on record that he believes that NFL legal counsel are telling Gödel to exonerate Brady because they are certain to lose in court, and that Gödel is now trapped by the very circumstances they have created. Lmao-too f.cking funny.

Delicious. Source please (I'm sure I'm the only one who doesn't have it, so excuse my ignorance).

 

[PatsFanSince74]

Here's Sal Palantonio's take via Mike Reiss. http://espn.go.com/blog/boston/new-...te-viewpoint-highlights-how-nfl-in-tough-spot
This was my favorite part.
"Your old man used to say what? If you don't know what to do, do nothing. I think behind the scenes they don't know what to do. The bottom line is that the NFL's attorneys have most likely, from what I've been told, gone to the commissioner and said, 'We can't come up with a ruling that is defensible in court.' The NFL, I believe, thinks it's going to lose in court. And if they can't come up with a ruling on this appeal that is defensible in court, then they are going to look awful silly.

Thanks.

 

[XLIX]

What you're really saying is once you go to court, both sides lose control of the case. That's one factor that leads both sides to settle.

I admit I don't know the legal technicalities of discovery and what is admissible, but I think the NFL has far, far more to lose than Brady if they go to discovery.

The NFL has controlled this entire farce from the beginning. Brady has had zero control. So if both sides "lose control" then Brady isn't losing anything. He didn't get to ask anybody any questions. He didn't get to look at league communications. What can the NFL take from Brady in discovery that they haven't already taken? The only thing I can think of is his cell phone. They've already spent hours interviewing him, including interviewing him under oath at the appeal. They poured over stadium security video and interviewed other participants.

I sure wouldn't mind seeing those tables turned. Let's see whose cell phone place a called to Chris Mortensen on January 19.

 

[PatsWickedPissah]

Agree with those saying that going to court both sides lose control.
I see huge downside for the NYJFL.
I do not see a huge downside for Brady.
Can't increase his suspension. He's already been dragged thru the mud, so "losing" in court leaves him where his is now, minus some $. Why wouldn't the Players Assn pay the court costs for a player anyway?

 

[Ivan]

Delicious. Source please (I'm sure I'm the only one who doesn't have it, so excuse my ignorance).

I found it up top among the Patsfans articles.

 

[PatsFanSince74]

I found it up top among the Patsfans articles.

Thanks

 

[PatsFanSince74]

Agree with those saying that going to court both sides lose control.
I see huge downside for the NYJFL.
I do not see a huge downside for Brady.
Can't increase his suspension. He's already been dragged thru the mud, so "losing" in court leaves him where his is now, minus some $. Why wouldn't the Players Assn pay the court costs for a player anyway?

Agreed. The only useful thing in Belzer's article is his fifth "Takeaway:"
"If Brady does appeal, one could believe he’s 100% innocent, as he would have to know that discovery would invade his life and find anything damaging to him that exists."

Brady would only go to court if he were certain that there was "nothing to hide." His only risk is that a judge will toss the case before it is heard for reasons cited often by many folks out here. But, that's not "on Brady," but rather it's on the foolishly weak CBA to which the NFLPA agreed.

The NFL, on the other hand, has a completely different set of calculations to make and a lot to lose if the case gets to open court.

If this were the end game of a Chess match, Brady's pieces would be in a position where the worst that can happen to them is a Draw and he's no worse off than when he started the game. The League, on the other hand, would be in a position that it will be Check and Mate if it makes the wrong play.