NFL will not discipline Brady for gunfire at wedding???

[Deus Irae]

Re: NFL will not discipline Brady for Gunfire at wedding???/

It's a crap ruling, but that takes us out of the realm of football and closer to the political forum.

 

[Pujo]

Re: NFL will not discipline Brady for Gunfire at wedding???/

That's the act..."

Supreme Court opened the door for a case like this to be tried in the US courts.

But the ruling says the exact opposite, the Supreme Court did not allow the suit.

 

[Pujo]

Re: NFL will not discipline Brady for Gunfire at wedding???/

Anyone who wants to file a civil suit against anyone can do so virtually anywhere.

That's not really true. Courts have to establish territorial jurisdiction in every case. Not saying there isn't overlap sometimes, but you can't sue anyone just anywhere.

 

[AzPatsFan]

My only complaint about this episode is that they didn't exercise gun control.


Shooting at only two Paparazzi and missing did the World:

1) an injustice by not squashing more of these pestilential infestations;

2) indicates the security people need to spend more time on the shooting range... to improve their accuracy.

 

[Jackson 2]

Re: NFL will not discipline Brady for Gunfire at wedding???/

That's not really true. Courts have to establish territorial jurisdiction in every case. Not saying there isn't overlap sometimes, but you can't sue anyone just anywhere.

I believe one can initiate a suit whenever one wants. Whether or not it will be dismissed or heard is another question.

 

[Pujo]

Re: NFL will not discipline Brady for Gunfire at wedding???/

I believe one can initiate a suit whenever one wants. Whether or not it will be dismissed or heard is another question.

Yes, that's true. That's why I was wondering if the court had established jurisdiction or if the case hadn't gotten to that stage yet.

Edit: Looking back at the article the suit was just filed Tuesday so probably not.

 

[efin98]

Re: NFL will not discipline Brady for Gunfire at wedding???/

But the ruling says the exact opposite, the Supreme Court did not allow the suit.

Outcome doesn't matter, it's affect on the law does. The ruling and opinions of the court there sets the benchmark for the allowing of the case under that law.

 

[Wildo7]

Re: NFL will not discipline Brady for Gunfire at wedding???/

But the ruling says the exact opposite, the Supreme Court did not allow the suit.

That ruling is actually irrelevant. The court says that elements of International laws cannot be invoked as the sole grounds for bringing a cause of action under Federal Jurisdiction. This case does not involve the violation of a broader International statute with elements that can't be found in Federal law:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=03-339

Alvarez's failure to marshal support for his rule is underscored by the Restatement (Third) of Foreign Relations Law of the United States, which refers to prolonged arbitrary detention, not relatively brief detention in excess of positive authority. Whatever may be said for his broad principle, it expresses an aspiration exceeding any binding customary rule with the specificity this Court requires.

 

[unknown]

Re: NFL will not discipline Brady for Gunfire at wedding???/

The Alien Tort Claims Act? I was wondering what law was being invoked to give jurisdiction to a US federal court. The ATCA, though, can only be used for suing someone who's accused of violating "the laws of nations" (taken to mean international law) or international treaties, not your run-of-the-mill torts. I wonder if there's going to be a hearing on jurisdiction or if it's already been established, or maybe there's another law that's more applicable. I tried to find a copy of the actual suit but it seems like the US district courts make you pay for online access to cases.

If you are looking for a copy of the suit against Brady you can find it on this site. PDNPulse: Read The Bizarre Lawsuit Against Tom Brady

 

[DarrylS]

Re: NFL will not discipline Brady for Gunfire at wedding???/

If you are looking for a copy of the suit against Brady you can find it on this site. PDNPulse: Read The Bizarre Lawsuit Against Tom Brady

The part about Moynahan, Bunchen and baby Brady 1 seems nothing but sensational... maybe all of these dudes need their 15 minutes of face time..

 

[fourthandmiles]

I find it crazy that one scumbag like Vandersloot can get away with murder. But then another scumbag can try and get $25 million from an honest person.

I loathe the paparazzi and tabloids.

 

[Pujo]

Re: NFL will not discipline Brady for Gunfire at wedding???/

If you are looking for a copy of the suit against Brady you can find it on this site. PDNPulse: Read The Bizarre Lawsuit Against Tom Brady

Thanks. It doesn't look like they're suing under the Alient Tort Claims Act, they're claiming the federal courts have jurisdiction under 28 USC § 1391, but that statute has several sections which apply to different scenarios and the suit doesn't say why it's applicable. Maybe they'll try to explain that in a seperate filing, or maybe this suit is going to get tossed the second it lands in front of a judge.

 

[Steve Zabel]

Now if it were Marvin Harrison.......

 

[Deus Irae]

Now if it were Marvin Harrison.......

Good point. Allegations that, while Brady was out of the country, someone other than Brady and his wife shot at people while Brady was getting married and had nothing to do with it, are the exact same thing as allegations that Marvin Harrion's gun (as in owned by Marvin) was used in a shooting and then found at one of Marvin's places of business in the United States.

They are so identical that it's as if they only changed the names!



Seriously, if you must troll, at least do it well.

 

[Wildo7]

Re: NFL will not discipline Brady for Gunfire at wedding???/

Thanks. It doesn't look like they're suing under the Alient Tort Claims Act, they're claiming the federal courts have jurisdiction under 28 USC § 1391, but that statute has several sections which apply to different scenarios and the suit doesn't say why it's applicable. Maybe they'll try to explain that in a seperate filing, or maybe this suit is going to get tossed the second it lands in front of a judge.

Actually they are claiming diversity jurisdiction under 28 USC § 1332 (a)(2).

28 USC § 1391 is being used to support the suit being filed in whatever New York District it is in, since Brady is a New York resident.

 

[BradyManny]

LOL, that thing is hilarious.

Let me summarize for those who aren't as bored as I am:

- Tom Brady and Giselle B. knew that media was going to be at their wedding. They should've hired and training better guards.

- AFP sent the photographers there to get photos of the afterwedding party. They were unable to get those photos b/c of Tom Brady and Giselle B. Tom Brady and Giselle B are responsible for the loss of money AFP faces for the expense of sending cameramen down there.

The whole BS surrounding the wedding & the shots reads like a bad screenplay, BTW, I will be shocked if this goes anywhere. What a joke that Florio is taking it seriously.

 

[Laurence Maroney's Dreads]

Re: NFL will not discipline Brady for Gunfire at wedding???/

Actually they are claiming diversity jurisdiction under 28 USC § 1332 (a)(2).

28 USC § 1391 is being used to support the suit being filed in whatever New York District it is in, since Brady is a New York resident.

************, I can't even escape civ pro in a sports forum.