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Post by JetBidi on Jul 30, 2015 10:12:20 GMT -5
The NFL is in Manhattan. Why should it be in Minnesota, or any place else? It's a federal suit and the NFL can be sued anywhere it operates. Brady and his team where hoping for Minnesota because there is a sympathetic judge there that has ruled for the NFLPA in the past. NFL preempted this move by filing the case in NY first. Then Brady's team filed in Minnesota. The Minnesota judge properly transferred it back to Manhattan.
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Post by rexneffect on Jul 30, 2015 10:23:55 GMT -5
daniel kaplan@dkaplansbj Big news, Minnesota judge has ordered this morning the NFLPA lawsuit over Brady b transferred to Manhattan, where the NFL first filed The NFL is in Manhattan. Why should it be in Minnesota, or any place else? When a plaintiff files a lawsuit the plaintiff gets to choose the forum where the suit is filed. So long as that court has jurisdiction over the subject matter and parties to the suit that court generally will be the one to hear the case. That gives plaintiffs an opportunity to consider what court might be most friendly to its claims. One basis for proper venue in a federal suit is if the defendant does business in that federal district. Undoubtedly the NFL does business in Minnesota by way of the Vikings and the contracts that flow from the Vikings to the NFL. The Minnesota district has been extremely friendly towards the NFLPA in the past. The NY districts are more pro-business and less favorable to labor, which is why the NFLPA would never want to file an action in NY if it doesn't have to. That's also why the NFL moved to file first in NY to ensure they had the opportunity to forum shop ahead of the NFLPA.
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Post by nycdan on Jul 30, 2015 11:20:43 GMT -5
The judge in MN basically bitchslapped the NFLPA for 'judge-shopping'. If you read the quotes, it was not subtle but rather enjoyable.
"The Court strongly suspects the Union filed in Minnesota because it has obtained favorable rulings from this Court in the past on behalf of its members," Judge Kyle wrote."
"Indeed, the Court sees little reason for this action to have been commenced in Minnesota at all," Judge Kyle wrote. "Brady plays for a team in Massachusetts; the Union is headquartered in Washington, D.C.; the NFL is headquartered in New York; the arbitration proceedings took place in New York; and the award was issued in New York."
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Post by jetstream23 on Jul 30, 2015 12:25:51 GMT -5
I read an article yesterday saying the Patriots have handled this so poorly it's almost unbelievable. They miscalculated how important the deflation of the footballs, given the Pats previous transgressions with Spygate, was to the League. Goodell was obviously delaying his ruling on Brady's appeal of the suspension so that his lawyers could be ready, standing outside the Manhattan courthouse, to immediately file their motion to uphold the ruling in New York District Court. As soon as the League's ruling came down the motion was filed before the NFLPA could even get its motion to the Minnesota court.
But even prior to all this, the Pats miscalculated just how seriously the NFL was about this and the pressure being exerted on the League from both owners and the public to not let Brady off easily. They played the PR game perfectly. Before Brady could even get to Facebook the storyline in the media was that he had destroyed his cellphone to hide evidence just before meeting with Ted Wells. This was all over the news and Twitter within 10 minutes of Goodell releasing his ruling. The NFL was crafting public opinion and controlling the storyline in the media. After major media firestorms around everything from the Ray Rice situation to concussions, the NFL seems to have learned that PR is important and that they need to have a better strategy around getting their storyline out there and shaping the messaging in the media. The fact of the matter is that the NFL was waging a coordinated PR battle against the Patriots, a battle that the Pats may not have even realized they were in.
Kraft's decision to accept and not fight the League on the Patriot's sanctions (fine, lost draft pick, etc.) in an effort to appease the League and hope it would help Brady's case now looks like a colossal miscalculation. In hindsight there's no doubt Kraft would have fought and potentially used the "nuclear option" of suing the League (which hasn't been done by an owner since Al Davis) had he known how this would play out.
For once, the Patriots were outsmarted. They were playing checkers, the NFL was playing chess.
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Post by Slackjaw on Jul 30, 2015 13:46:25 GMT -5
My guess is that NFLPA attorney already knew the rule but wanted to play games and got slapped. Let's face it any attorney who has a federal practice would know that rule. More bullshit from the Flats and sparklpoany camp
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Post by ryu79 on Jul 31, 2015 13:09:06 GMT -5
Reading all this non-sense now with the New England media trying to scapegoat Mort for smearing the Patriots.
You cheat, you destroy evidence, you make up preposterous excuses, and now you want to blame the guy who was trying to cover the story?
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Post by Lithfan on Jul 31, 2015 17:02:45 GMT -5
NFL Network @nflnetwork 2m2 minutes ago UPDATE: Judge assigned to Brady case has ordered Brady & Goodell to a settlement conference on Aug 12 (via @rapsheet)
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Post by Hotman on Aug 1, 2015 1:29:06 GMT -5
NFL Network @nflnetwork 2m2 minutes ago UPDATE: Judge assigned to Brady case has ordered Brady & Goodell to a settlement conference on Aug 12 (via @rapsheet) so wtf is that supposed to mean?!
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Post by JetBidi on Aug 1, 2015 2:09:17 GMT -5
so wtf is that supposed to mean?! Means Cindy and Goodsell have to meet on August 12 and try to settle their dispute. If they can't, the judge will hear oral arguments on August 19th and then have a ruling by Sept. 4 Something here doesn't feel right. The conspiracy theorist in me says this was all staged. Here's the conspiracy theory: Goodsell looks good to the public and the other owners by "upholding the suspension" and filing the case in NY quickly. Then Kraft gets to save face with Flats* fans by blasting the Goodsell's decision publicly and saying he should've fought this from the beginning. Meanwhile, NFL and NFLPA all of a sudden decide to agree on a quick trial and that the decision should be made by Sept. 4, 2015. They're ordered to have a "settlement discussion" where I predict each side will "stick to their guns" and "force" the judge to make a ruling. Judge will come out and say a suspension was not warranted and Cindy should instead be fined x amount for non-cooperation. Goodsell gets to say, "I tried my best, but the court saw it the other way." The NFLPA gets to say, "We knew we were in the right." Kraft gets to say, "I knew Cindy was innocent and it's been proven now." Cindy gets to say, "I told you I did nothing wrong and I've been vindicated." Everyone comes out looking good. Goodsell and Kraft still besties, Flats* still cheat and get favors, no-calls, fake calls, etc.
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Post by Hotman on Aug 1, 2015 2:11:29 GMT -5
so wtf is that supposed to mean?! Means Cindy and Goodsell have to meet on August 12 and try to settle their dispute. If they can't, the judge will hear oral arguments on August 19th and then have a ruling by Sept. 4 Something here doesn't feel right. The conspiracy theorist in me says this was all staged. Here's the conspiracy theory: Goodsell looks good to the public and the other owners by "upholding the suspension" and filing the case in NY quickly. Then Kraft gets to save face with Flats* fans by blasting the Goodsell's decision publicly and saying he should've fought this from the beginning. Meanwhile, NFL and NFLPA all of a sudden decide to agree on a quick trial and that the decision should be made by Sept. 4, 2015. They're ordered to have a "settlement discussion" where I predict each side will "stick to their guns" and "force" the judge to make a ruling. Judge will come out and say a suspension was not warranted and Cindy should instead be fined x amount for non-cooperation. Goodsell gets to say, "I tried my best, but the court saw it the other way." The NFLPA gets to say, "We knew we were in the right." Kraft gets to say, "I knew Cindy was innocent and it's been proven now." Cindy gets to say, "I told you I did nothing wrong and I've been vindicated." Everyone comes out looking good. Goodsell and Kraft still besties, Flats* still cheat and get favors, no-calls, fake calls, etc. Yeah thats what i thought and it better not fucking happen
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Post by rexneffect on Aug 1, 2015 8:59:16 GMT -5
so wtf is that supposed to mean?! Means Cindy and Goodsell have to meet on August 12 and try to settle their dispute. If they can't, the judge will hear oral arguments on August 19th and then have a ruling by Sept. 4 Something here doesn't feel right. The conspiracy theorist in me says this was all staged. Here's the conspiracy theory: Goodsell looks good to the public and the other owners by "upholding the suspension" and filing the case in NY quickly. Then Kraft gets to save face with Flats* fans by blasting the Goodsell's decision publicly and saying he should've fought this from the beginning. Meanwhile, NFL and NFLPA all of a sudden decide to agree on a quick trial and that the decision should be made by Sept. 4, 2015. They're ordered to have a "settlement discussion" where I predict each side will "stick to their guns" and "force" the judge to make a ruling. Judge will come out and say a suspension was not warranted and Cindy should instead be fined x amount for non-cooperation. Goodsell gets to say, "I tried my best, but the court saw it the other way." The NFLPA gets to say, "We knew we were in the right." Kraft gets to say, "I knew Cindy was innocent and it's been proven now." Cindy gets to say, "I told you I did nothing wrong and I've been vindicated." Everyone comes out looking good. Goodsell and Kraft still besties, Flats* still cheat and get favors, no-calls, fake calls, etc. At least one settlement conference is always going into the scheduling order before the judge will even think about letting a trial get on a docket in federal court. The parties would only agree to move so quickly in court because they both want a resolution as soon as possible. Obviously Brady and the NFLPA want to resolve the issue and not have it hang over Brady's head all season. The NFL also wants this issue put to bed and the punishments served so the fact that cheaters won the last super bowl can be put behind them. I do not take that to mean the NFL is going to flop in court to give Brady a helping hand.
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Post by Hotman on Aug 1, 2015 9:10:58 GMT -5
Means Cindy and Goodsell have to meet on August 12 and try to settle their dispute. If they can't, the judge will hear oral arguments on August 19th and then have a ruling by Sept. 4 Something here doesn't feel right. The conspiracy theorist in me says this was all staged. Here's the conspiracy theory: Goodsell looks good to the public and the other owners by "upholding the suspension" and filing the case in NY quickly. Then Kraft gets to save face with Flats* fans by blasting the Goodsell's decision publicly and saying he should've fought this from the beginning. Meanwhile, NFL and NFLPA all of a sudden decide to agree on a quick trial and that the decision should be made by Sept. 4, 2015. They're ordered to have a "settlement discussion" where I predict each side will "stick to their guns" and "force" the judge to make a ruling. Judge will come out and say a suspension was not warranted and Cindy should instead be fined x amount for non-cooperation. Goodsell gets to say, "I tried my best, but the court saw it the other way." The NFLPA gets to say, "We knew we were in the right." Kraft gets to say, "I knew Cindy was innocent and it's been proven now." Cindy gets to say, "I told you I did nothing wrong and I've been vindicated." Everyone comes out looking good. Goodsell and Kraft still besties, Flats* still cheat and get favors, no-calls, fake calls, etc. At least one settlement conference is always going into the scheduling order before the judge will even think about letting a trial get on a docket in federal court. The parties would only agree to move so quickly in court because they both want a resolution as soon as possible. Obviously Brady and the NFLPA want to resolve the issue and not have it hang over Brady's head all season. The NFL also wants this issue put to bed and the punishments served so the fact that cheaters won the last super bowl can be put behind them. I do not take that to mean the NFL is going to flop in court to give Brady a helping hand. Yeah I think I get the just. I want that Fucker serving the full 4. And that is lenient as fuck!
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