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[Fencer]

Why would the NFL ever eat crow? They hold all the cards. The spoliation issue (among others) likely precludes a defamation suit, certainly from getting to trial. I suppose a neutral arbitration could rehabilitate his image somewhat, but he will forever be known as someone who was likely involved in a cheating scandal and covered it up. No doubt that 20 years from now no one will care just like no cares now about Jerry Rice using stickum, but like Belichick with Spygate, he will never shed it completely. Sad and unfair, but that's the way I see it. And I think the whole thing could have been avoided if he and his advisors had understood the gravity of the situation at the beginning. Compare how he and Belichick handled their January pressers.

The defamation claims would be centered on:

• The false narrative around actual ball deflation, rather than ...
• ... the foofarah around failure to cooperate that was or wasn't properly regarded as conduct detrimental.

In particular the false Mortenson report, the Gardi letter, and the failure to cure either clearly meet any commonsense test of:

• Promulgating false information ...
• ... knowingly.

While "commonsense" and "legal" are hardly synonymous, at least there's a case there to be made.

The NFL also promulgated false information about its own investigatory practices in this matter. While I doubt that that on its own would be enough to establish defamation, it's supportive evidence for the main case.

 

[Kontradiction]

Can someone explain to me why so many think brady will fail and will have to serve his suspension?

Considering the NFLPA has gotten guys like Peterson and rice off after hard evidence of actual wrongdoing it would seem like bradys should be a piece of cake

Or are the mediots ignoring goodell has lost at EVERY court case brought against him? Including bountygate

They don't. They're mostly just hoping Brady loses.

 

[Fencer]

Can someone explain to me why so many think brady will fail and will have to serve his suspension?

Considering the NFLPA has gotten guys like Peterson and rice off after hard evidence of actual wrongdoing it would seem like bradys should be a piece of cake

Or are the mediots ignoring goodell has lost at EVERY court case brought against him? Including bountygate

In the Peterson and Rice cases, there was a previous policy; it was changed; conduct that due to timing should have been punished under the old policy was punished under the new policy instead.

In Brady's case, the league just made up the policy from "whole cloth", as the NFLPA puts it.

 

[fair catch fryar]

While acknowledging Goodell's mis-handling of the matter, he predicts Brady sits the full suspension. Some prominent sports lawyers agree, and I have not seen an informed legal mind suggest this case is anything like the slam dunk case that some have inferred after reading the NFLPA petition. Fans hoping for a full vindication with recovery of the draft picks may well be facing a reality where the NFL's miscarriage of justice stands.

I never expected to get those picks back, but I may seriously reconsider my support of the NFL if this suspension is upheld.

 

[ctpatsfan77]

Doty didn't get it.....some Bush 41 appointee got it

I've seen it pointed out elsewhere that judge will likely recuse himself b/c of a conflict of interest as he's been assigned NFL cases in the past and refused himself from those.

 

[letekro]

The public are a bunch of drooling dumbasses. Nothing will affect their perception of Brady's involvement or lack thereof. So who the **** cares about them? Once again, this is about what will be said prior to Brady's entrance to Canton and the NFLPA trying to make good on allowing themselves to get walked on by the league during the last CBA.

Deflategate will be a footnote on Bradys career regardless of how the court cases shake out. Any slim chance of prevailing on a defamation suit that would conclude that he had no involvement went out the window when he tossed the phone. The other cases will have no bearing on whether he was involved or not.

 

[IllegalContact]

I've seen it pointed out elsewhere that judge will likely recuse himself b/c of a conflict of interest as he's been assigned NFL cases in the past and refused himself from those.

that's good

 

[IllegalContact]

Deflategate will be a footnote on Bradys career regardless of how the court cases shake out. Any slim chance of prevailing on a defamation suit that would conclude that he had no involvement went out the window when he tossed the phone. The other cases will have no bearing on whether he was involved or not.

I already know the whole thing is bogus.......I just feel bad for the haters who have to use this as an excuse as to why their team sucks so bad

 

[upstater1]

Some prominent sports lawyers agree, and I have not seen an informed legal mind suggest this case is anything like the slam dunk case that some have inferred after reading the NFLPA petition.

I have. There are plenty of links to several in the other thread. Alan Milstein for one.

 

[upstater1]

Why would the NFL ever eat crow? They hold all the cards. The spoliation issue (among others) likely precludes a defamation suit, certainly from getting to trial. I suppose a neutral arbitration could rehabilitate his image somewhat, but he will forever be known as someone who was likely involved in a cheating scandal and covered it up. No doubt that 20 years from now no one will care just like no cares now about Jerry Rice using stickum, but like Belichick with Spygate, he will never shed it completely. Sad and unfair, but that's the way I see it. And I think the whole thing could have been avoided if he and his advisors had understood the gravity of the situation at the beginning. Compare how he and Belichick handled their January pressers.

What in the world? Stop it.

"The spoliation issue (among others) likely precludes a defamation suit"

 

[Deus Irae]

Why would the NFL ever eat crow? They hold all the cards. The spoliation issue (among others) likely precludes a defamation suit, certainly from getting to trial. I suppose a neutral arbitration could rehabilitate his image somewhat, but he will forever be known as someone who was likely involved in a cheating scandal and covered it up. No doubt that 20 years from now no one will care just like no cares now about Jerry Rice using stickum, but like Belichick with Spygate, he will never shed it completely. Sad and unfair, but that's the way I see it. And I think the whole thing could have been avoided if he and his advisors had understood the gravity of the situation at the beginning. Compare how he and Belichick handled their January pressers.

There is no spoliation issue.

 

[Ring 6]

In the Peterson and Rice cases, there was a previous policy; it was changed; conduct that due to timing should have been punished under the old policy was punished under the new policy instead.

In Brady's case, the league just made up the policy from "whole cloth", as the NFLPA puts it.

With Brady, there actually is no policy.

Its exactly the same as Rice and Peterson in that they punish those guys based on a policy that didnt exist at the time, and there is no policy that exists which Brady can be suspended under.

 

[SVN]

With Brady, there actually is no policy.

Its exactly the same as Rice and Peterson in that they punish those guys based on a policy that didnt exist at the time, and there is no policy that exists which Brady can be suspended under.

Goodell's argument at least in his ruling is that Brady's act is resulting in changing the competitive balance of the game like using PED's so the same suspension is valid. Unless the CBA explicitly mentions PED's , they may make this a broader thing by including equipment tampering.

 

[letekro]

There is no spoliation issue.

Like many many other things, we disagree about that.

 

[IllegalContact]

Goodell's argument at least in his ruling is that Brady's act is resulting in changing the competitive balance of the game like using PED's so the same suspension is valid. Unless the CBA explicitly mentions PED's , they may make this a broader thing by including equipment tampering.

regarding ball tampering, that's not how the league rules see it

 

[Palm Beach Pats Fan]

Just out of curiosity, what was mike and Mikes reply to this?

Crickets chirped. No follow-up whatsoever. He mentioned that the bogus report was on ESPN, twice IIRC, but he didn't call out Mort by name. They only responded to his final prediction, that in his gut he thought TB would have to serve the 4 game suspension.

 

[ANGR89]

Crickets chirped. No follow-up whatsoever. He mentioned that the bogus report was on ESPN, twice IIRC, but he didn't call out Mort by name. They only responded to his final prediction, that in his gut he thought TB would have to serve the 4 game suspension.

Gee shocking! Truly makes you wonder if they have been told they can't put negative opinions about nfl.

 

[letekro]

Gee shocking! Truly makes you wonder if they have been told they can't put negative opinions about nfl.

Isn't that obvious from Simmons and other circumstances? The NFLN (particularly the radio division) is like Patriots.com compared to ESPN.

 

[Ring 6]

Goodell's argument at least in his ruling is that Brady's act is resulting in changing the competitive balance of the game like using PED's so the same suspension is valid. Unless the CBA explicitly mentions PED's , they may make this a broader thing by including equipment tampering.

The equipment tampering rule includes tampering to gain a competitive advantage.
Goodell used steroids as his logic for the suspension, but it is not the same policy.
There is nothing in the personal conduct policy relating to psi.

 

[ANGR89]

Isn't that obvious from Simmons and other circumstances? The NFLN (particularly the radio division) is like Patriots.com compared to ESPN.

I was being sarcastic. ..forgot to put the lol