Venue Conflict

[Patriot Missile]

Anticipatory Rule Exemption: http://tinyurl.com/pzf6ee5

Read that. Hope this backfires in their faces. Stooge was at the front door ready to file as soon as the weasel Goodell finished his last word in the ruling.

 

[raduray]

Anticipatory Suit Exemption: http://tinyurl.com/pzf6ee5

More here: http://www.chicagonow.com/ex-posts-facto/2015/07/tombradysuspensionminnesot/

 

[SHOWTIME15]

Anticipatory Suit Exemption: http://tinyurl.com/pzf6ee5

The problem Brady has is that there is nothing from the NFLPA to the NFL in writing that threatens litigation, right? just leaks to the media that they will file a lawsuit - nothing official.

 

[XLIX]

There are 2 key points about this rule I am thinking: (My credentials as a legal advisor are well established on this forum in that I have zero credentials as a legal advisor so this is all internet-lawyering )

1 - The spirit of the first filed rule is to stop someone from, like, waiting a year and then filing in another jurisdiction either as a delaying tactic or because that person is losing the first case. Obviously that's not what is happening here

2 - Was the NFL's filing actually done first? As we all learned, they re-filed the case today. So both cases were filed on the same day. I can't find a timestamp on the NFLPA's filing (and I haven't seen the NFL's filing). Does the first-filed rule actually go so far as to break down into the actual time of day the motions were filed?

 

[raduray]

The problem Brady has is that there is nothing from the NFLPA to the NFL in writing that threatens litigation, right? just leaks to the media that they will file a lawsuit - nothing official.

It must have come up during the negotiations between the NFL and Brady. I'm sure all the notes and correspondence will be examined by the court.

 

[XLIX]

For example, when examining the lapse of time between the first and second filings for purposes of determining which suit was filed first, some courts have held that when two suits are filed on the same day, the rule is inapplicable and the time of day of the filings is immaterial, being too small a concern for the court and of questionable evidentiary value. SeeOntel Prods., Inc. v. Project Strategies Corp., 899 F. Supp. 1144, 1153 (S.D.N.Y. 1995); Factors Etc., Inc. v. Pro Arts, Inc., 579 F.2d 215, 219 (2d Cir. 1978); cf. New England Machinery, Inc. v. Conagra Pet Products Co., 827 F.Supp. 732, 733 (M.D. Fla. 1993) (court was unable to determine the priority of filing when the competing parties filed their suits on the same day). Other courts examine the time of day of the filings and declare the earlier filer to be the first, in situations where either of two parties could assume the mantle of the plaintiff. See Plating Resources, Inc. v. UTI Corp., 47 F. Supp. 2d 899, 904 (N.D. Ohio 1999).

http://www.floridabar.org/DIVCOM/JN...7885256b100073f0b6!OpenDocument&Highlight=0,*


source: Understanding Federal Courts and Jurisdiction
By Linda S. Mullenix, Martin H. Redish, Georgene Vairo

 

[Patriot Missile]

Waiting for this to hit the Espn ticker. Or will that hack of a lawyer dispute it?

 

[upstater1]

The exemption actually does apply here because the arbitrator was the entity that filed the first suit. In other words, they had control of the appeal decision.

 

[TommyD4207]

You may be waiting a while.

 

[skinnydog]

It must have come up during the negotiations between the NFL and Brady. I'm sure all the notes and correspondence will be examined by the court.

There were certainly leaks in the past 2 weeks indicating Brady let it be known that they were intent on going to court absent a large compromise on the punishment. Also the fact that the league had prepared a lawsuit for filing immediately after the ruling on the appeal together with the history of this never being done by the NFL in the past pretty much establishes, ipso facto, this was an anticipatory filing.

 

[TommyD4207]

, ipso facto, this was an anticipatory filing.

So anticipatory that they actually FORGOT TO SIGN IT the first time around, because you're trying to get it in so fast.

 

[skinnydog]

So anticipatory that they actually FORGOT TO SIGN IT the first time around, because you're trying to get it in so fast.

Exactly and in Federal Court usually only an electronic signature is required. Not hard at all.

 

[raduray]

Just heard on Mike and Mike that the Minnesota judge ordered the case be heard in NY.

 

[patsfan13]

We're onto NY.