Tom Brady's fans in Boston and elsewhere are showing their support through various means. -- GETTY

July 29, 2015

News/views: Brady files suit against NFL

LATROBE, Pa. — Tom Brady and the NFLPA have filed suit in Federal Court in Minneapolis, challenging the NFL’s four-game suspension of the Patriots’ quarterback. His appeal was rejected by the league Tuesday.

Views: This was expected, complete with the union taking the lead. Ramon Foster told media at the Steelers’ training camp Wednesday, “We as a union are going to fight it.”

According to FOX Sports’ Mike Garafolo, there are four allegations within the suit: There was no advance notice of punishment; it’s not a fair and consistent punishment; the appeal process was unfair; Roger Goodell is a biased and partial member of that appeals process.

In rejecting Brady’s appeal, the NFL argued Brady destroyed his cell phone after being told the league would ask for it as part of their investigation. That cell phone allegedly had on it text messages to the Patriots’ equipment personnel, and the subject of those messages was thought by the league to be commands from Brady to deflate footballs, or at least, showed Brady had direct knowledge of those kinds of actions.

The NFL is spinning the matter to be more in regards to Brady covering up information pertaining to the investigation, and, based on the suit, the issue appears to be based more on how the investigation was handled, and how Goodell conducted it.

The collective bargaining agreement affords Goodell the authority to dole out punishments based on conduct detrimental to the league, and that’s the CBA the Patriots, as a team in the NFLPA, voted in favor of in 2011.

One might suggest it’s ironic the Patriots now face being without Brady when the Steelers — the only team to vote against the CBA as it was proposed in 2011 — travel to Foxborough for the season-opening game Sept. 10. He may play, he may not, but now, we know his fate will be decided in Federal Court.

31 Comments Newest to oldest

ajwrites57

7-29-2015, 7:25 pm

Neal, I find it sad that sports teams can't resolve matters in house. Leagues set up their rules and can't seem to abide by them when the time comes.

Also, if Brady was involved in a criminal case, destroying evidence would be considered obstruction of justice.

Appreciate your take on this matter.

TheGreatOne21

7-30-2015, 7:35 am

We live a 'take them to court society'. In effect, the CBA and letting the Boss administer discipline, has become a joke, since every unhappy ruling is taken to court as a threat.

All federal courts should immediately say, don't come to us. TAXPAYERS money should not be involved with this crap.

And most telling, the process is a joke and disgrace when all cases are immediately taken to Minnesota with a liberal judge that predictably rules in favor of unions, showing no objectivity or following evidence.

What crap when some LIBERAL judge can be used to say, see when did nothing wrong. Yea right.

vernak

7-29-2015, 7:28 pm

I'm trying to figure out why the union is behind him on this. The players who had to play against him while he cheated belong to the same union. Who's standing up for them?

BillyBaduka

7-29-2015, 7:57 pm

I hear you. I think there is a segment of players that think he cheated and some that don't. I think they all agree that they don't think the NFL has a right to ask them to turn over cell phones. I think they all agree that Goodell has too much power and it's a contradiction for him to serve as arbitrator of judgements.

Ironic that the appeal and fight about the CBA would be about an "on field" issue where one might think the league should have final say. But I guess it is easier to fight this case than make it look like the NFLPA was defending any of the abhorrent behavior associated with "off the field" cases.

Of course, the appeal is about the process not the tampering of footballs. It still would be a PR nightmare to have gone this far with most off field issues.

Karen

7-30-2015, 4:58 pm

@BillyBaduka Wow. I agree with every word you wrote. I think it sums up the players contradictory feelings nicely. How many former players have spoken out for and against Brady?

Though the difference is that the pats did it AFTER the game balls had been checked and most teams/players… like Aaron Rodgers for example… probably only set the balls to their preference before the refs checked them. For me, that's what makes it cheating. And I think they proved the uncooperative Brady knew more probably than not (I can't remember the exact cba wording). So, it should get tossed out in court.

bpn8pitt

7-29-2015, 7:32 pm

Would one of these equipment guys flip already? This is ridiculous.

cherokee23

7-29-2015, 10:09 pm

I agree, but probably enough cash has found it's way to them to keep them quiet!

TheGreatOne21

7-30-2015, 7:36 am

I would think they could be called in, but they won't allow it.

unipress_55af9e9b9d52d

7-29-2015, 7:40 pm

Brady appeal will be thrown out by Friday night. . Steelers will now have a great chance to start season 4-0..

Scaldis Noel

7-29-2015, 8:24 pm

You base that statement on what knowledge? Are you a lawyer?

mccorklemusic

7-29-2015, 9:40 pm

@Scaldis Noel, I tend to agree with unipress (on the Brady stuff). The main arguments in favor of the courts adhering to the NFL's ruling are:

1. Courts have a long history of differing to established arbitration processes (NFL is undoubtedly an established org with contractually agreed upon arbitration matters.)

2. Tom Brady is a part of the NFLPA which signed the CBA a few years back. The CBA explicitly stated that Roger Goodell has discretion over punishments and arbitration. That being said, if the courts go against the NFL ruling they go against the CBA. This would open a massive can of worms as unions all over the country have CBAs and the courts can't sit there and say, "this CBA is valid and this one isn't". Court would set terrible precedent with an overruling.

Because of that, there is a pretty good chance Tom Brady loses the case. So he can either take the first 4 games, or he can wait until he loses the case and start his 4 game punishment then (which could be during late regular season when more is on the line, or even during the playoffs.) Chances are they cut their losses and take the 4 games now.

Scaldis Noel

7-29-2015, 10:10 pm

mccorklemusic, but will it be "thrown out by Friday night"? That's the main question I was asking. Also, Brady and Pats have fought tooth and nail so far, despite being illogical to have done so. I'm not sure they'll give up the fight so quickly, at least not within the week. Maybe by the end of training camp the writing will be on the wall, and he'll accept the 4 games to start the season, but I have a hard time believing he'll make that decision right away.

robfgard

7-29-2015, 7:45 pm

Wouldn't the texts also be on the equipment manager's phone? Why do they need Brady's?

ArtRooneyBites

7-29-2015, 8:13 pm

The two equipment managers aren't the only ones he may have sent texts messages to regarding the handling of footballs.

If anyone has any doubt about what lying, deceitful and dishonest scumbags Tom Brady and the Patriots are, read the Wells Report again. Although humorous at times, the overall effect is nauseating.

yinzer84

7-29-2015, 7:49 pm

I really don't think that Steelers give a $hit about Brady, I think the players are going to say the right things so they don't give Belichick any bulletin board material.

TheGreatOne21

7-30-2015, 7:37 am

Would not faze me if carried off the field with a hit from Harrison.

unipress_54a22cb33237f

7-29-2015, 8:09 pm

Brady is an HOF cheater, liar, and now a colossal baby...HOF player too....which makes him either HOF stupid and/or arrogant to feel the need to cheat and then lie about it in front of the entire world in the first place...

Bubba Banjo

7-29-2015, 8:15 pm

Lets hope all the mud in the pit leaches out on this egotistical dolt. Maybe in a few months he will be the Bill Cosby of Sports cheating. These twits are so swell headed they dont know when to let it go.

bpn8pitt

7-29-2015, 8:21 pm

This is meant to be a compliment. You are the Gene Collier of lunatics. Every post is whimsically worded. I look forward to them.

unipress_54a22cb33237f

7-29-2015, 8:20 pm

And our tax dollars will pay for this bs day in court? Kraft has a lot of nerve too....how can he proclaim innocence when he suspended his own two deflator employees?!? They should be co-jag off of the year candidates...

Spike

7-29-2015, 8:56 pm

Yet another reason for me to pay less attention to the nfl than I did the season before.

dburgbacher

7-29-2015, 9:11 pm

josh.rudinsky

7-29-2015, 9:00 pm

Years of watching Steeler defenders have their pockets lightened for malicious hits to a QB makes this seem oh so nice.

Durka

7-29-2015, 9:11 pm

Enough about this guy haha lets talk about Eric berry

Biz

7-30-2015, 12:35 am

The guy that is back on the field after beating cancer? Cool beans

Westcoaststeel

7-29-2015, 9:28 pm

I don't know if anyone else remembers this, but in the very first interview Tom Brady did after the allegations came out, he refused to answer the question of whether he had the balls deflated. If he's so adamant about it now, why in the world wouldn't he have just said "no" back then. To me, that's the smoking gun, even more than the cell phone destruction.

rokinray

7-29-2015, 9:35 pm

Inflated balls, deflated balls, everybody cheats but only the Patriots get caught. A blue collar town like Pittsburgh should appreciate the union brothers of the NFLPA sticking together--united against the man....Who needs Boston anyway. Pittsburgh needs to step up and host the Olympics Beantown abandoned. We'll get infrastructure and eliminate the blight between downtown and Oakland with the Olympic Village. A large bowl-shaped track stadium can be built just west of the baseball/soccer complex on the west end of the Pitt campus and the result will be an on-campus stadium on an expanded campus. When Heinz fields wears out, which shouldn't be long given the substandard craftsmanship, the Steelers can go back home to Oakland, where they belong!

theplanisworking

7-29-2015, 10:46 pm

You know whose fault this is that Brady is suing?
Roger Goodell.

Back during Spygate, the league, i.e. Goodell destroyed the tapes of the Patriots cheating. He allowed the New England franchise to get away with murder, and this emboldened Brady to do what he did. Goodell also botched (with severe unevenness) the punishments of Bountygate, Ray Rice, Greg Hardy, Adrian Peterson, etc.....................

Now Brady is suing.
Don't know if he will win or not, but if the Commish would have done his job properly starting with Spygate, we probably wouldn't be here today.

Couldn't happen to a "nicer" guy.

So now we face the prospect of a serial cheater QB, and franchise getting away with it again, or an incompetent commissioner blowing it again, no matter the outcome.

Go Riverhounds !!!!!

TheGreatOne21

7-30-2015, 7:32 am

Kraft, the whiiner: Superbowl: The NFL owes us an APOLOGY; part two., I am accepting the NFL's findings and discipline for the sake of the game, and do not want to DRAG this out; part three, I owe the fans and Tom an APOLOGY because I thought (implied), they would not punish Tom at all.

Oh, so you expected that idiot, no punishment at all, while you accept the biggest punishment ever levied? Nice logic.

Now more than ever, though I won a good chuck of money for taking the Patriots (whom I despise), because I thought they'd win, and Seattle had become the Scum gangsta culture act, I wish they had lost to Seattle.

Kraft looks like an ass, despite many applauding him in the media for standing up again.

On another note, is there a more OBNOXIOUS person and ARROGANT guy in sports as a coach than Belicheat. He makes Lynch sound loquacious relatively speaking.

Karen

7-30-2015, 4:38 pm

Kraft met with Goodell 2 days before accepting the punishment…Less than a week after he said he wouldn't. Many people here thought it was because there was a handshake deal that he wouldn't punish Brady.

rjfunk

7-30-2015, 2:09 pm

I think Brady should shut up and take his medicine. However, I really cannot understand why the NFL cares about the hardness/softness of a football being used by a QB. I can see logic in regulating inflation for balls used by kickers, but I don't see how it is important for the QB. Any help anybody?

News/views: Brady files suit against NFL

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