Venue of legal battle could impact fate
Now that the verdict is finally in, things are about to intensify.
Tom Brady gave the NFL Players Association the go-ahead to take the league to US federal court after Commissioner Roger Goodell upheld the New England Patriots quarterback’s four-game Deflategate suspension on Tuesday.
The union intends to file its case in Minnesota, where US District Judge David S. Doty has historically ruled in favor of players in labor cases against the NFL.
The NFLPA also plans to ask the court to either rule before the Patriots’ September 10 opener or grant an injunction that lets Brady play until it does.
The NFL, however, took a clever step in this impending legal battle.
The league’s management council preemptively filed a request Tuesday for a US District Court in Manhattan to confirm the league’s decision to uphold Brady’s suspension. It’s a tactic often used in high-stakes litigation when an organization anticipates an adversary will sue to prevent the case from being heard in an unfavorable venue.
Deflategate is just another chapter in the ongoing battle between the NFLPA and the league. The union challenged the Ray Rice domestic violence and Adrian Peterson child abuse cases in arbitration, and won both. The NFLPA is also considering appealing Greg Hardy’s case (and four-game ban) to court.
Brady’s situation, however, is different, partly because of the QB’s star power and partly because what he is being accused of is not a criminal action.
While there is little downside for Brady in suing the NFL, the one element of risk he can’t ignore is time, with the start of the season just seven weeks away.
As training camps open this week, it’s safe to expect the legal maneuvers from both sides to dominate the headlines. It could be months before a resolution is reached.
“The NFL doesn’t have the best track record in court,” Cornwell said, “and despite that, adverse legal rulings have not deterred the NFL from running its business in a way that it thinks is in its best interest.”