Per Schefter: Tom Brady not ready to accept court ruling today. Mulling options with legal team.

[Froob]

It's Brady's competitive nature to keep fighting, even with his back against the wall. The problem is it's not realistic at this point to expect victory. His fate is in the hands of the Judges of the 2nd circuit. He can't do anything but appeal the panel decision. There will be no more hearings unless the 2nd circuit orders an en banc review - all Kessler can do is file a petition within 14 days. Then that's it - nothing else Brady can do. If I were him I'd just let my lawyers do the lawyering and expect to sit out 4 games.

Defamation, if Goodell is forced to give up his records he's toast.

 

[ausbacker]

It's Brady's competitive nature to keep fighting, even with his back against the wall. The problem is it's not realistic at this point to expect victory. His fate is in the hands of the Judges of the 2nd circuit. He can't do anything but appeal the panel decision. There will be no more hearings unless the 2nd circuit orders an en banc review - all Kessler can do is file a petition within 14 days. Then that's it - nothing else Brady can do. If I were him I'd just let my lawyers do the lawyering and expect to sit out 4 games.

This is all well and good but we're talking about this seriously damaging Brady's legacy for the remainder of kept history. Brady has the means so I do not blame him for taking every single option available to him.

 

[VectorPrime]

"nuclear" meaning a defamation suit? He can do that, but it won't help him avoid suspension.

Fine. Do it anyway. Anything to get his message across.

 

[Froob]

I really don't see how Brady could lose a defamation suit but, I have zero faith in the justice system to do the right thing. There's no way in hell that appeal ever should have been overturned.

 

[QuantumMechanic]

I can't help but think that Kessler really screwed up by not filing this case in Boston. A district judge there would have ruled in favor of Brady and then you have a bunch of New Englanders sitting on the 1st Circuit who probably would have unanimously ruled on appeal in favor of Brady. Goodell would be dead in the water.

NFL would have filed first in NY no matter what. They had the papers all drawn up and someone metaphorically on the courthouse steps all set to file as soon as they got the phone call saying Goodell had upheld Goodell's suspension of Brady. (In actuality it was probably all done by email and web form submission, but the point remains). There's no way Brady's side could have beaten the NFL to court.

That said, since Brady's employer is in MA the MA court may have been less likely to give in to letting it go to NY since there's at least a linkage there. However, filing first still gets a lot of weight, especially when the filing was in an unquestionably appropriate venue.

 

[Froob]

NFL would have filed first in NY no matter what. They had the papers all drawn up and someone metaphorically on the courthouse steps all set to file as soon as they got the phone call saying Goodell had upheld Goodell's suspension of Brady. (In actuality it was probably all done by email and web form submission, but the point remains). There's no way Brady's side could have beaten the NFL to court.

That said, since Brady's employer is in MA the MA court may have been less likely to give in to letting it go to NY since there's at least a linkage there. However, filing first still gets a lot of weight, especially when the filing was in an unquestionably appropriate venue.

I still don't understand how the NFL is even allowed to file first. That's some legal bs.

 

[SHOWTIME15]

This is all well and good but we're talking about this seriously damaging Brady's legacy for the remainder of kept history. Brady has the means so I do not blame him for taking every single option available to him.

yes, but "digging in" for a long fight (as per Zolak) is not realistic. It's possible, but the 2nd Circuit has granted very few en banc rulings. The Chief Judges on that court have a history of discouraging them so much so that it is tradition. SCOTUS may not care either, even if Adrian Peterson wins his case. A circuit split does not guarantee SCOTUS review.

 

[RobertWeathers]

Zo is as connected as you can get without literally being on the roster.

I believe this. He wont let this end on the NFLs terms. If he did he'd be 74 years old, sitting on a park bench next to Gisele and be full of wouldas, shouldas, couldas and what might have beens

 

[SHOWTIME15]

NFL would have filed first in NY no matter what. They had the papers all drawn up and someone metaphorically on the courthouse steps all set to file as soon as they got the phone call saying Goodell had upheld Goodell's suspension of Brady. (In actuality it was probably all done by email and web form submission, but the point remains). There's no way Brady's side could have beaten the NFL to court.

That said, since Brady's employer is in MA the MA court may have been less likely to give in to letting it go to NY since there's at least a linkage there. However, filing first still gets a lot of weight, especially when the filing was in an unquestionably appropriate venue.

Kessler should have had some lawyer in Mass. file something the same day as NFL's lawyer did in NY. The NFL had the advantage of knowing when it was going to release Goodell's decision, but Kessler could have filed a rudimentary declaratory request.

 

[Froob]

Few years from now we'll be treated to a fantastic new ESPN 30 for 30 called Making a Cheater: The lies and corruption of former NFL Commissioner Roger Goodell.

 

[PrairiePat]

Few years from now we'll be treated to a fantastic new ESPN 30 for 30 called Making a Cheater: The lies and corruption of former NFL Commissioner Roger Goodell.

Only if ESPN somehow loses the NFL TV rights.

 

[VectorPrime]

yes, but "digging in" for a long fight (as per Zolak) is not realistic. It's possible, but the 2nd Circuit has granted very few en banc rulings. The Chief Judges on that court have a history of discouraging them so much so that it is tradition. SCOTUS may not care either, even if Adrian Peterson wins his case. A circuit split does not guarantee SCOTUS review.

Then sue for defamation. This isn't about 4 games this is about a legacy. If he has to serve 4 games but gets vindicated in a court of law thats good enough

 

[Palm Beach Pats Fan]

Scott Zolak

✔ ‎@scottzolak
NFL network 8am tomorrow...I'll bring it

 

[The Gr8est]

"nuclear" meaning a defamation suit? He can do that, but it won't help him avoid suspension.

I would support Brady if he retired with the statement " I will NOT accept a suspension for something that I did not do, and has been prosecuted with the weakest possible evidence. I am retiring from the NFL* as of this moment, and will instruct my lawyers to begin taking the steps of bringing a lawsuit against the NFL* for defamation."

 

[BelichickFan]

I would support Brady if he retired with the statement " I will NOT accept a suspension for something that I did not do, and has been prosecuted with the weakest possible evidence. I am retiring from the NFL* as of this moment, and will instruct my lawyers to begin taking the steps of bring a lawsuit against the NFL* for defamation."

That would be the greatest thing ever.

Best thing about a defamation suit, understanding it's a tough standard, is he could get these mother f*ckers under oath.

 

[XLIX]

I would support Brady if he retired with the statement " I will NOT accept a suspension for something that I did not do, and has been prosecuted with the weakest possible evidence. I am retiring from the NFL* as of this moment, and will instruct my lawyers to begin taking the steps of bring a lawsuit against the NFL* for defamation."

 

[Froob]

That would be the greatest thing ever.

Best thing about a defamation suit, understanding it's a tough standard, is he could get these mother f*ckers under oath.

I love how everyone ignored that Brady voluntarily went under oath. I really hope that happens, Goodell is dumb enough to lie under oath. He'll somehow convince himself that the court doesn't have the power to send him to prison because of article 46.

 

[Gronkowski123]

I would support Brady if he retired with the statement " I will NOT accept a suspension for something that I did not do, and has been prosecuted with the weakest possible evidence. I am retiring from the NFL* as of this moment, and will instruct my lawyers to begin taking the steps of bringing a lawsuit against the NFL* for defamation."

so would i. it would be tough for me to sit out 4 games/lose cash for something that never happened.
biggest bs in the history of the nfl.

tom better get use to being ridiculed forever. possibly even booed at his HOF induction, he should boycott that **** anyway.

 

[IllegalContact]

Tom Brady is the anti Bob Kraft, of course he is going to fight until the end.

Comparing the 2 is ignorant

 

[patsfan13]

Are you joking? The vultures started circling the moment he came out in the original press conference, where he didn't deny once and said he "didn't think he was a cheater".

He was passive as all hell, and while that may just be Tom being Tom, it did him no favors in the court of public opinion and undoubtably set the tone of this "scandal".

He could've spoken out again the moment after the appeal was decided upon by Goodell. Remember he had a speaking engagement and said he "didn't want to get into it at this time"?

That was pretty much all he's said on this entire ordeal besides a quick Facebook post or two after Berman's ruling.

At that time Brady was responding to the lie that was the Mortenson report and getting ready for the SB.

Had the correct information been out there (ie not 2 psi low) then the matter might have been handled differently.

THe league and set a false narrative out for the public.