Q: Do Patriots have to absolutely accept ruling?

[upstater1]

I'd put this question in the other thread about the poster who consulted judges, but that thread has been destroyed by a troll.

I know the Patriots have to accede to the NFL's decisions and they can't fight them in court. I know that Brady's appeal doesn't necessarily need to go to an arbitrator outside the NFL.

However, does this give carte blanche to the NFL? Doesn't the NFL have a duty to be fair?

It seems to me that in the case when an independent investigation has demonstrably twisted and skewed things, there may be a recourse outside the Patriots' agreements with the NFL, and outside the NFLPA's agreements with the NFL as well..

Here we have evidence that the Wells report did something twisted with Walt Anderson's testimony.

Remember, Roger Goodell emphasized that he has to equally consider the positions of 31 NFL teams. Which to my mind means he has to be fair to everyone, including the Patriots. He also has to be fair to the NFLPA.

Can the Patriots and/or Brady sue not on the basis of Goodell's decision (that can't be contested), but can they sue on the fact that a malicious execution of an investigation was undertaken to fundamentally subvert the Patriots' and/or NFLPA agreements with the NFL? Seems to me the NFL has a duty to be fair, if indeed part of the agreement with the Patriots is that no appeals may be filed. But what if there is evidence of malicious unfairness?

It's right there in the Wells report. They deliberately skewed things against the Patriots and Tom Brady.

To my non-legal mind, this gives the Patriots and/or Brady an avenue.

 

[upstater1]

Since Bob Kraft has already said he will contest nothing, I should just change this to Brady.

My question is, essentially, has the NFL invalidated its agreements by not executing its responsibilities in good faith?

 

[patsfaninpa]

Pats accept punishments towards them. Brady wins his appeal ...easily.

 

[hambone1818]

It's my understanding that the team can't appeal anything levied against them, but Brady can. He's a union member so can appeal any penalties with the NFLPA.

Which is why I think Kraft's response isn't him laying down as some believe, but more an admission that he doesn't agree with the findings of the report but they don't have any recourse so won't make waves. If Brady's suspended I suspect Kraft will back him, certainly behind the scenes but perhaps through another press release.

 

[Dr Pain]

Patriots do not have any recourse within the NFL agreement. They can sue, anyone can, Al Davis certainly did but honetly that is not a realistic option. I better understand the Spygate acceptance now.

Brady has an appeal processes (Goodell is the default arbitrator and gets to choose who he wants) within the NFL before he has to reach out to the courts.

 

[Halifax_Pats_Fan]

yes...back and forth is not worth anything to anyone.

Hope they are making their (strong) case prior to that dope Vincent's announcement...

 

[QuantumMechanic]

Which is why I think Kraft's response isn't him laying down as some believe, but more an admission that he doesn't agree with the findings of the report but they don't have any recourse so won't make waves. If Brady's suspended I suspect Kraft will back him, certainly behind the scenes but perhaps through another press release.

It is laying down.

There's no reason he had to say "we accept the findings".

He should have said "We will accept any discipline imposed on the New England Patriots as a team only because we are contractually-obligated to accept it. If he asks us to, we will support Tom Brady to the extent league rules allow. Certainly, punishing him over such a biased, hole-ridden report is ludicrous."

 

[brownj12]

Brady has an appeal processes (Goodell is the default arbitrator and gets to choose who he wants) within the NFL before he has to reach out to the courts.

Pure speculation on my part here, but I think this is where Kraft gets involved, and it is likely we will not hear anything about it. If Brady is going to fight this the way he should, I suspect Kraft makes that clear to Goodell. The league at this point has to see internally the holes in the report, and had to see that the media is starting to tear into it. If Kraft makes it clear to Goodell that Brady isn't accepting a punishment, then I think Goodell tries to save face, and one of two things happens. Either the unlikely solution Vincent levies a tiny punishment based on the rules (i.e. the 25k fine that is specifically mentioned in the rules, along with some type of harshly written warning). Or the more likely case is that Vincent gives the suspension, then Goodel is forced to either pick a Neutral Arbitrator, or face the prospect of a long and very public court battle against a football legend, and one of the faces of the league. In this situation, the best outcome from the league may be that they hand out the punishment, then let an arbitrator, not associated with the league reverse it, and they go ahead with the narrative that the evidence they recieved showed guilt, but the Wells report was not good enough to hold up in court. I suspect this leads to the least public outrage, as the patriots fans are willing to settle for not losing Brady, while the Patriots haters can blame Wells and the Arbitrator, rather than the NFL.

 

[chasa]

I think the only recourse is to basically take the punishment, while at the same time doing a press release that basically says "This judgement is bull, the only reason I am paying this fine is because as a team we have no option for appeal, the report was bogus, the evidence is non existent, this clown show is a joke, We look forward to proving next year that we did not inflate balls. And as an aside to the other 31 teams in the league, we are watching you, any sort of rule bending will be reported to the league"

 

[Nunchucks]

I suspect Tom Brady could appeal because the NFL would be denying him the ability to work without adequate consideration of the evidence...or something like that.

 

[Ivan]

I suspect Tom Brady could appeal because the NFL would be denying him the ability to work without adequate consideration of the evidence...or something like that.

Brady can absolutely appeal and he can sue the league if he wants to, and hopefully he does because it is definitely called for.

 

[PP2]

Remember, Roger Goodell emphasized that he has to equally consider the positions of 31 NFL teams. Which to my mind means he has to be fair to everyone, including the Patriots. He also has to be fair to the NFLPA.

This is the same Goodell that fined the Jets pocket money for the Revis tampering, so it would be moot to expect him to be fair in this scenario as well.

I believe that Brady through the NFLPA has the right to appeal but that the NFL has the right to appeal an arbitrator.

If the arbitration fails, or is deemed unfair, I believe the union can sue on Brady's behalf to take this to federal court (as with the Adrian Peterson suspension). If this does happen, hopefully they can get Doty to rule.

 

[Dr Pain]

I hope Brady negotiates a light punishment, a fine, and then takes them to court

 

[RobertWeathers]

It's my understanding that the team can't appeal anything levied against them, but Brady can. He's a union member so can appeal any penalties with the NFLPA.

Which is why I think Kraft's response isn't him laying down as some believe, but more an admission that he doesn't agree with the findings of the report but they don't have any recourse so won't make waves. If Brady's suspended I suspect Kraft will back him, certainly behind the scenes but perhaps through another press release.

It'll be very interesting to see what publicly Bob says/does if Goody attempts to suspend TB12 and if/when TB12 appeals.

I gotta think there has been a flowing dialogue b/t/w Kraft and Goody over the last few days about this.