The Peterborough Examiner

Brady lawsuit moved to New York

- BARRY WILNER Associated Press

NEW YORK — Tom Brady’s lawsuit against the NFL in which he wants his four-game suspension overturned will be heard in New York instead of Minnesota.

Brady and the players’ union filed their suit Wednesday in Minnesota. But the NFL already had filed papers Tuesday in New York, moments after announcing that commission­er Roger Goodell upheld the suspension for Brady’s involvemen­t in the use of underinfla­ted footballs in the AFC championsh­ip game.

U.S. District Judge Richard Kyle, based in Minnesota, ordered the transfer.

The judge wrote that he “sees little reason for this action to have been commenced in Minnesota at all.”

He noted that Brady plays in Massachuse­tts, the union is headquarte­red in Washington and the NFL in New York. Kyle added that “the arbitratio­n proceeding­s took place in New York and the award was issued in New York.”

Jeffrey Kessler, the lead attorney for Brady and the union, wasn’t concerned about this game of musical witness chairs.

“The court decided the case should be heard in New York because the NFL filed first there,” he told The Associated Press in an e-mail Thursday.

“We are happy in any federal court, which unlike the arbitratio­n before Goodell provides a neutral forum, and will now seek our injunction in the New York court.”

In a footnote, Kyle said the court “strongly suspects the union filed in Minnesota because it has obtained favourable rulings from this court in the past on behalf of its members.”

Kessler had said the lawsuit should be heard in Minnesota because it was related to a case involving Minnesota running back Adrian Peterson’s suspension last season. Kyle countered that the union made “only a fleeting attempt” to link the Brady case to Peterson’s.

Kyle reasoned that the union’s argument would mean, for example, any court that had heard a racial discrimina­tion case against a large corporatio­n would then hear every other racial discrimina­tion case against that company.

“Venue simply cannot be predicated on such a thin reed,” he said.

 ?? WINSLOW TOWNSON/REUTERS ?? New England quarterbac­k Tom Brady towels down after the team’s training camp practice Thursday at Gillette Stadium.
WINSLOW TOWNSON/REUTERS New England quarterbac­k Tom Brady towels down after the team’s training camp practice Thursday at Gillette Stadium.

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