Brady's Original Legal Team Screwed Up

[Pats2000]

I think I'm more mad at Brady's legal team than anything else. Letting what's his face lead the CA2 proceedings. That was what lost them this. As soon as the NFL hired the big guns, Brady's legal team should have gotten Olsen. They must have thought justice, being right, and the universe was on their side. When will anyone learn that money talks in this country and justice is really just the guy with the deepest pockets...

 

[SHOWTIME15]

I put much of the blame on Kessler. There is no reason why the case should have been filed in Minnesota. None. And I realize that the NFL went to the SDNY immediately to get a declaratory judgment, but Kessler should have been ready to file something the same day in Massachusetts - he could have told the boston office of his law firm to get to the court house ASAP with papers that were already prepared. There would have then been a fight as to which court had proper jurisdiction, but I believe Mass would have won out because the case stems from acts that occurred in Mass. Minnesota had no relevance other than a favorable opinion by Judge Doty in the Peterson case. Brady would have won in the 1st circuit, both at the district court level and on appeal.

To make matters worse, Kessler argued the appeal, thinking that he was going to stick it to the NFL. The problem was he did not do what was best for his client. Unfortunately, Brady didn't know anything about the law and probably told Kessler "do what you think is best." It cost him.

 

[Brewskies]

Brady himself screwed up. Way back in the beginning when he didn't take the charges seriously.

 

[SHOWTIME15]

Brady himself screwed up. Way back in the beginning when he didn't take the charges seriously.

For real? GTHO

 

[RunAmok]

Not sure I agree. When Chin said “The evidence of ball tampering is compelling if not overwhelming.” it was clear that he was already going to decide against Brady and the NFLPA. There's no way a reasonable person could come to that conclusion so I do not understand how Chin and another judge did.
I like to think that these judegs are above bringing personal biases into the courtroom but I think I am wrong here.

Kessler was good enought to convince the Chief Judge (and Berman) - enough that he felt compelled to write a rather strongly worded dissent.

 

[QuantumMechanic]

I put much of the blame on Kessler. There is no reason why the case should have been filed in Minnesota. None. And I realize that the NFL went to the SDNY immediately to get a declaratory judgment, but Kessler should have been ready to file something the same day in Massachusetts - he could have told the boston office of his law firm to get to the court house ASAP with papers that were already prepared.

How could he have had papers already prepared? He didn't know what Goodell was going to put in his decision and so could not have any papers prepared. Besides, the NFL still would have beat him and filed first because they would have hit the "submit" button on PACER at the same instant Kessler was notified of the decision. So the NFL was going to win the first-to-file battle regardless.

Now, when Kessler did respond then, yes, he could have filed in MA. And maybe MA would have won, but who knows. And even if an MA federal court had the case that doesn't mean things would have gone better. The MA federal trial court may well have found for the NFL last September. Berman did everything Brady wanted -- couldn't get better than that.

Would the First Circuit have done better on appeal? Who knows. It's certainly not a gimme.

To make matters worse, Kessler argued the appeal, thinking that he was going to stick it to the NFL. The problem was he did not do what was best for his client. Unfortunately, Brady didn't know anything about the law and probably told Kessler "do what you think is best." It cost him.

That's what I think the biggest problem was.

 

[Gronkowski123]

kessler ****ed up

 

[Galeb]

I think I'm more mad at Brady's legal team than anything else. Letting what's his face lead the CA2 proceedings. That was what lost them this. As soon as the NFL hired the big guns, Brady's legal team should have gotten Olsen. They must have thought justice, being right, and the universe was on their side. When will anyone learn that money talks in this country and justice is really just the guy with the deepest pockets...

Anger is better aimed at those who intend to do harm than those who fail at to achieve a worthy goal. Disappointment is a more appropriate emotion to feel towards Brady's legal team.

 

[SHOWTIME15]

How could he have had papers already prepared? He didn't know what Goodell was going to put in his decision and so could not have any papers prepared. Besides, the NFL still would have beat him and filed first because they would have hit the "submit" button on PACER at the same instant Kessler was notified of the decision. So the NFL was going to win the first-to-file battle regardless.

Now, when Kessler did respond then, yes, he could have filed in MA. And maybe MA would have won, but who knows. And even if an MA federal court had the case that doesn't mean things would have gone better. The MA federal trial court may well have found for the NFL last September. Berman did everything Brady wanted -- couldn't get better than that.

Would the First Circuit have done better on appeal? Who knows. It's certainly not a gimme.



That's what I think the biggest problem was.

Something rudimentary could have been filed. They should have anticipated a negative ruling by Goodell. Perhaps file a bare bones declaratory petition in Mass and then later amend it to encompass more details. And I don't think you can start a case (if not mistaken) by PACER. I think you have to actually go down to the court house with a physical copy with proof of service to the defendant's attorneys. A same day filing would have been difficult but not impossible. They had a copy of the appeals decision by goodell on hand. And as far as the "first to file" rule, I don't think the particular time matters as much as the particular day. If you file the same day but at different times then the earlier filed case does not necessarily win out.

Maybe Brady would have lost in the 1st circuit, but I would rather have home field advantage and lose. NY was the worst possible venue - backyard of Goondell and the Jets.

 

[Pats2000]

Brady himself screwed up. Way back in the beginning when he didn't take the charges seriously.

Who in here would have taken this seriously, I wasn't. No one knew the level of ******** that would arise from this.

 

[PatsFanSince74]

There's plenty of room for second-guessing. I started to make a list and it just got too long and tedious and depressing. In other words, "ditto" to just about everything that others have posted above and will no doubt post below. It's just not worth it at this point.

The bottom line is that once the Owners decided to make this a test of wills between their authority and the rights of players, it was always going to come down to court rooms and, given the muddled legal issues at stake, the luck of the draw in Judges. In the end, the four judges who considered the case tied 2--2. With a different draw it might have been 4--0 or 0--4.

Books are going to be written about this. Some will be written by sports writers and some by lawyers. Some of them will know what they are talking about and some of them will be idiots. It will also be a Law School Case Study for decades.

The worst thing is that, if the NFLPA isn't ready to strike to get the right to having significant disputes heard by a board of three independent arbiters, it will happen again.

 

[VectorPrime]

So which f.uck up will feel worse for us fans in the long run. Which one will we second guess and wish happened differently the most? The disastrous showing by Brady's legal team during the appeal or Welker dropping the ball in Super Bowl 46? Or the missed sack in Super Bowl 42?

 

[slash83]

Should of hired my cousin Vinny.

 

[XLIX]

Hindsight is always 20/20. Kessler represented Peterson in early 2015 and won and he won the first round with Brady in September 2015. There was absolutely no reason to think he wasn't the right guy for the next step.

 

[JMC00]

lol at people blaming Kessler. You weren't blaming him when he convinced Berman to rule for Brady were you?

Chin (Guy went to Fordham with John Mara) made his mind up long before that appeal hearing and it was to rule against Brady based on stuff he wasn't suppose to be basing his ruling on.

As far as judges making an actual ruling on this case, remember it's 2-2. The 2 judges that actually judged it on fundamental fairness ruled in favor of Brady.

 

[vyrago]

Brady himself screwed up. Way back in the beginning when he didn't take the charges seriously.

Who would? Seriously?

 

[blackglass3]

Brady screwed up only when he didn't come out on fire at his first press conference like Peyton did. Would it have made a difference? Not sure, but it could have.

 

[upstater1]

The lawyers/agent also screwed up when they told the NFL the phone was destroyed.

All they had to say is that they would only provide a manuscript of his phone calls and texts, not the actual phone.

 

[LivinLovin&Breathin_Brady]

The case was screwed from the jump because Brady's lawyers were more concerned about labor laws than Brady's innocence, which leads me to question Brady's role in Deflategate, at times. If I am a lawyer and my client is innocent, I would prove his innocence and then discredit the league. His attorneys discredited the league but never proved his innocence nor did they ever seem to attempt to.

Instead, they sought out to make Brady some sort of Jesus for NFLPA and other laborers. He sacrificed himself for the players, for justice and equality... bs! I was starting to jump off the innocent bandwagon at that point. *smh

They used Goodell's God-complex as a distraction from the actual issue at hand, which was whether Brady deflated balls or not. Apparently, they were going to argue the IDGL and his actual innocence as a last resort. IDGL argument isn't that reliable (lack of recorded info from game balls), which is probably why they were saving it for last.

Law of shop or the argument from his attorneys, regarding Brady needing to be informed of punishments for certain violations before he can be punished for them, spoke volumes to me. Apparently only the clubs are aware of equipment violations but not the player. It was like an admission of guilt, "he did it but the club should be fined, not the player being suspended-- San Diego and Carolina.

IMO, his attorneys made him look more guilty, because I was arguing his innocence until I kept hearing their arguments in his defense. It was sickening. I've made better arguments in his defense, so have most Patriots fans.

If Brady deflated balls he should've been fined and warned against his actions and then suspended if it came up again. They should've also put the refs through a training process, during the off-season, so they can measure, record and be aware of a ball deflated by 8% of its ball pressure. *smh.

If Brady doesn't file a defamation suit to clear his name (highly doubtful), I will be side-eyeing him and this case until the end of time.

 

[Ring 6]

The case was screwed from the jump because Brady's lawyers were more concerned about labor laws than Brady's innocence, which leads me to question Brady's role in Deflategate, at times. If I am a lawyer and my client is innocent, I would prove his innocence and then discredit the league. His attorneys discredited the league but never proved his innocence nor did they ever seem to attempt to.

Instead, they sought out to make Brady some sort of Jesus for NFLPA and other laborers. He sacrificed himself for the players, for justice and equality... bs! I was starting to jump off the innocent bandwagon at that point. *smh

They used Goodell's God-complex as a distraction from the actual issue at hand, which was whether Brady deflated balls or not. Apparently, they were going to argue the IDGL and his actual innocence as a last resort. IDGL argument isn't that reliable (lack of recorded info from game balls), which is probably why they were saving it for last.

Law of shop or the argument from his attorneys, regarding Brady needing to be informed of punishments for certain violations before he can be punished for them, spoke volumes to me. Apparently only the clubs are aware of equipment violations but not the player. It was like an admission of guilt, "he did it but the club should be fined, not the player being suspended-- San Diego and Carolina.

IMO, his attorneys made him look more guilty, because I was arguing his innocence until I kept hearing their arguments in his defense. It was sickening. I've made better arguments in his defense, so have most Patriots fans.

If Brady deflated balls he should've been fined and warned against his actions and then suspended if it came up again. They should've also put the refs through a training process, during the off-season, so they can measure, record and be aware of a ball deflated by 8% of its ball pressure. *smh.

If Brady doesn't file a defamation suit to clear his name (highly doubtful), I will be side-eyeing him and this case until the end of time.

My God can you read what people have written about this and absorb it?
There was no grounds to make it about guilt or innocence.
Volumes and volumes of law say that no one can dispute and arbiters judgment on guilt and innocence.
It is not legal to go to court to fight the arbiters decision.
Brady's team could only fight the process that led to that decision.

If goodell follows all of the rules of arbitration he could determine brady was Aaron Hernandez accomplice and ban him for life from the NFL and then if he followed the rules of arbitration his judgment in making that decision cannot be questioned in court.