Superbowl-Winning Quarterback Sues NFL Over Dubious Suspension

There is a high likelihood that "Shady Brady" will start the season quarterbacking the Patriots in games 1 through 4.

If Brady has to sue, he can ask the federal court to impose an injunction that freezes the case against him pending the case outcome.  That would enable him to play and not miss those games.  If he loses in court, he might have to sit games in December instead.

Legal experts say the bar to get an injunction is low -- a claim of irreparable harm by the NFL against Brady should do it.

Source:  Business Insider

cccmedia in Ecuador

Today (July 28, 2015) the NFL upheld Brady's four-game suspension.

The QB's path to starting in Game 1 at home to the Pittsburgh Steelers in September is to sue in federal court, ask for and get a stay, delaying any penalty until a trial outcome.

Some of the Steelers have been saying they want to face Brady in the regular season as a tune-up for a possible rematch in the playoffs.

cccmedia in Ecuador

OH come on:
You cheated
You got caught
Suck it up!

Bob K

The Patriots have had unparalleled NFL success in this century, winning four Super Bowls including this year's under Tom Brady's field leadership.

So it's natural that there would be some 'haters' with such an attitude.

But even if footballs were improperly deflated in the Baltimore game, put yourself in Tom Brady's position.

He has every right, given the absence of evidence that he personally tampered with footballs, to defend his legacy and his right to play in all games during the upcoming season.

It's not so simple nor is it accurate to merely say suck-it-up-you-cheated-and-got-caught.

The NFL has had a spate of decisions go against it on appeal to the courts, and this case could be as close to a slam-dunk (for Brady) as it can get.

Thinking that a competitor of Brady's caliber would roll over when there has been no credible evidence presented against him is to ignore the relevant realties.

cccmedia in Ecuador

I am not a fan or follower of NFL but I agree with cccmedia's comments.

What ever happened to 'innocent until proven guilty' and therefore it is up to the authorities to prove his guilt. I personally hope he wins.

Legal maneuvering is underway in the Brady case in the wake of the NFL upholding the suspension.

The NFL filed a complaint in a Manhattan (NY) court on the same day it announced it was upholding the Brady suspension (7/28/2015) in an attempt to block Brady and the Players Association (NFLPA) from bringing their case to a Minnesota federal court.  That state's courts have historically been player-friendly in their NFL-related decisions.

A source familiar with the NFLPA strategy says the Brady legal team wants to ask the MN court to issue a verdict before the start of the season in early September or else freeze the case with an injunction, allowing Brady to play until the case is resolved. (USA Today)

In 2008, Minnesota Vikings defensive tackles Pat and Kevin Williams were suspended for four games for violating the league's anti-doping rule, allegedly using a diuretic that could mask steroid use.

It took two-and-a-half years before the case finished winding its way through the appeals process after the Williamses challenged the suspension and eventually took it all the way to the Minnesota Supreme Court.  Meanwhile, Pat and Kevin were allowed to play ball.

Brady's case, too, could conceivably be appealed for years as Tom plays on... unless he is exonerated at some point, in which event he would play on as well.

Brady turns 38 next week (born August 3, 1977).

Source on the Williams case:  Wikipedia

cccmedia in Ecuador

The federal judge now handling the Brady case in New York has put pressure on the NFL and Brady/NFLPA to settle.

Judge Richard M. Berman told the sides to reach a settlement by September 4th, the week before the NFL season starts, or the case could be elevated to the U.S. Court of Appeals where a drawn-out legal battle could ensue.

"The lifespan of cases in the Second Circuit (Court of Appeals) can be two, sometimes three years," the judge said.

cccmedia. I don't usually disagree with you, but this time I have to. The issue is cheating. At cricket a batsman should walk when he knows he has been caught behind. At tennis a player should overrule his partner's call if he's sure an opponent's ball was in. A golfer should not move his ball closer to the hole, even if there's nobody watching. A footballer should not dive to get a penalty if he wasn't genuinely tripped. Brady knew whether the balls were or weren't deflated. If they were, he cheated by not protesting to his coach. If they weren't, then there was no cheating. Simples, as they say!

Gordon Barlow wrote:

Brady knew whether the balls were or weren't deflated. If they were, he cheated by not protesting to his coach....Simples, as they say!

Gordon, I doubt most of us non-professionals have enough experience handling NFL footballs to state to a certainty that Brady knew the air-levels were outside the permissible limits.  Multiple balls are used in playoff games, and the legal proceedings have revealed that the initial claims about the air-levels of the Baltimore-game balls contained inaccuracies.

"If they were (deflated), he cheated by not protesting to his coach."  Is that an NFL rule or a Barlow rule?

IMO, the NFL system of handling game balls is flawed and will be corrected promptly, after the Brady case is settled or decided.

If it were "simples," this case would not be in federal court, possibly on its way to the Second Circuit Court of Appeals.

cccmedia

cccmedia wrote:

"If they were (deflated), he cheated by not protesting to his coach."  Is that an NFL rule or a Barlow rule?

Well, it was my mother's and father's rule, which I inherited!

As for the court case - morality is not the same as legality, as we know.

Shady Brady is skipping Wednesday's Deflategate court hearing in New York, according to USA Today.

The reason:  lack of progress in the settlement talks.

Evidently, Brady thinks it will be more productive for him to be with his Patriots teammates scrimmaging at the New Orleans Saints pre-season camp in West Virginia.

Brady is not required to attend the Wednesday hearing.

cccmedia

In other (and more important) NFL news - It's Tebow Time again! Yes, I'm a fan. For those who want to catch up on who this amazingly talented (and lucky) NFL QB is - check out my passionate blog-post titled "Tebow Time" of November 2014.

Tim Tebow made a comeback return to the NFL on Sunday (August 16, 2015), quarterbacking the Philadelphia Eagles in a 36-10 win over the Colts ... completing six of 12 passes in the late third quarter and the fourth.

After a Colts turnover in this pre-season game, Tebow ran around right end for a 7-yard touchdown.

"It was fun," said Tebow, "seeing the end zone and fighting to get in.  I've been blessed to have a few opportunities in my life."

Tebow was out of the NFL last year.  The last team to give him a chance was the Patriots in 2013.  He played in one pre-season game for New England against the Eagles, but was released before the regular season.

cccmedia

Another court hearing went down Wednesday.  As expected, Brady was with the team and not in court.

The settlement talks are going nowhere because Brady won't accept even a brief suspension.  The Boston Globe has just debunked an ESPN report that Brady would supposedly consider a one-game suspension for non-cooperation. 

cccmedia in Quito

The Globe has a new Facebook comments page for Deflategate, which has been the topic this year in New England.

Here are some comments from Patriots fans following the Globe's report that Brady will not accept even a single-game suspension....

Joe LaMacchia:
"Justice is when this judge rules the NFL has no evidence to support its accusation and scolds (Commissioner) Goodell for allowing such an idiotic charge over air pressure to waste court time."

Debbie Mijal:
"Show us the evidence."

Kevin Cole:
"Goodell should be fired for pulling this stunt.  Don't settle for anything but a public apology, Tom.  Give him hell."

The Deflategate arbitration judge is leaning against the NFL at this point.

New England TV station WMUR has just e-published on www.wmur.com a report titled "Deflategate Judge Says Tom Brady Suspension in Jeopardy."

The report say the judge this week cited weaknesses in the way the NFL has handled Brady's case.

Judge Richard M. Berman stated he doesn't see how anything Brady allegedly did about air in footballs can warrant a four-game suspension such as the NFL has dealt to players who used performance-enhancing drugs.  "I don't see how the four games is comparable to a player using steroids."

The judge also questioned why NFL executive VP Jeff Pash could not be questioned by union lawyer during the suspension appeal.  Pash had worked on the Brady investigation.

Brady and league commissioner Goodell -- who both skipped this week's arbitration hearing -- are being required to attend one on August 31st, four days before the case's deadline in Judge Berman's court.

  Source... WMUR

cccmedia

I looked through some of this but found it all extremely confusing.
Never let it be said that cricket is a complicated game. 

OK, El_Jost, here's a quick recap....

In an NFL playoff game last January (2015), in which the New England Patriots crushed the Baltimore Ravens, the Ravens complained to the officials at halftime that the game balls were somewhat deflated.

For the second half of that game, new balls were introduced and the Patriots completed the rout ... later going on to win their fourth Superbowl of this young century (against Seattle) in February.

The NFL investigated, and concluded that Patriots quarterback Tom Brady was "generally aware" of ball deflation in the Baltimore game, although no evidence of direct knowledge was found.

Shady Brady was given a four-game suspension by commissioner Goodell and the NFL, and Goodell upheld the suspension on appeal.

Now Brady & Co. and the League are in settlement talks in federal court with a September 4th deadline.

With or without Brady, the Patriots will kick off the NFL's new season on Thursday night, September 10th, vs. the Pittsburgh Steelers.

Any clearer for you now, El_?

cccmedia

Thanks, a bit anyway. 
I suppose my problem is I have never watched a game of US football.

Shady Brady left a New York City courtroom smiling today (August 31, 2015).

With the start of the NFL season coming up next week, Brady is likely to know by Wednesday whether he has been cleared to start at quarterback for the World Champion Patriots vs. the Pittsburgh Steelers on September 10th.

Judge Berman today told both sides that he will rule within two days.

Settlement talks seem unlikely to produce a solution any sooner.

cccmedia

El_Jost wrote:

I suppose my problem is I have never watched a game of US football.

El - have you ever played the board-game "Risk"? American Football is played on the same general principle: each team tries to guess what the opposition will do. There are almost more coaches than players!

cccmedia wrote:

Shady Brady left a New York City courtroom smiling today (August 31, 2015.)  Judge Berman today told both sides that he will rule within two days (Wednesday, September 2nd.)

The judge now says he'll rule by Friday on Deflategate, six days before the Pats and the Steelers kick off the 2015 NFL season. (LA Times)

CNN or ESPN watchers may get to see Brady's reaction on live TV, a la LeBron James's The Decision announcement of a few years ago:  "I am taking my talents to South Beach."  Inquisitr.com reports the Brady reaction will be televised.

cccmedia

NEW YORK -  A federal judge today nullified in its entirety the controversial four-game suspension of Tom Brady of the New England Patriots.

Brady should thus be able to start at quarterback as the World Champion Patriots begin the defense of their title one week from today vs. the Pittsburgh Steelers (Thursday, September 10th).

The judge ruled that ...

   -- The NFL had not given Brady proper notice that he could be suspended...

   -- The NFL had not provided Brady an opportunity to question one of the league investigators...

   -- Brady was denied equal access to investigative files.

   NFL commissioner Goodell says the NFL will appeal the decision.

cccmedia

Sports analyst Rachel Nichols points out that today's decision had nothing to do with whether Tom Brady deflated footballs.  It was all about the NFL's mishandling of procedures .. and overstepping the proper boundaries in dealing with the Brady case.

In the coming days, other analysts will be discussing how the legal timelines may play out in terms of Brady playing without potentially missing any games this year or in the future.

Commissioner Goodell immediately committed another major boner, IMO, by not letting this case drop and just letting Brady play without this cloud.  The Goodell decision to appeal keeps Deflategate in the news and the public consciousness.  Goodell is thus dragging the NFL through the mud indefinitely and potentially for years, as the case could slowly wind through the ponderous federal appellate process with both sides determined to stick it out to the end.

cccmedia

An Associated Press analysis makes it clear that Brady & Co. should be able to run out the clock on the NFL this season and keep Brady on the field all season.

The AP says it could be months before the federal appeals court begins considering the case, since the NFL would have to show it would suffer irreparable harm if it wanted to try and speed up the appeals process.

The commissioner's post-ruling statement supporting an appeal by the league said the appeal is based on defending "the integrity of the game."  But that's ringing hollow since the league made it known it will not seek an emergency stay.  The result is that Brady will start the Pittsburgh game -- and, presuming he stays healthy -- all coming games.

Goodell finally made one correct decision -- he will not attend the Pittsburgh-New England opener, allowing the spotlight to be on the game next week and not on him.

cccmedia

As New England fans celebrate, the Twitter-verse is abuzz after Brady's off-the-field victory.

"Let's go TB12....First win of the year for #PatsNation."

     -- LeGarrette Blount, Patriots running back

"It was a sham investigation and a Kangaroo Court.  There's a great deal of evidence that exonerates Brady and little that points to any attempt by Brady to break NFL rules."

     -- Kevin Commons, Executive Director, American Bar Association

Source:  The Boston Herald

The Herald posted a photo of a big sign outside a New England-area Dunkin Donuts promising free coffee "for life" for Judge Berman.

cccmedia

Deflategate reaction on social media, including comments from Michelin USA and The Donald, as reported by the Atlanta Journal Constitution....

"Looks like the NFL's suspension of Tom Brady fell flat."

    -- #Deflategate

"Congratulatios to Tom Brady on yet another great victory.  Tom is my friend and a total winner."

    -- @realDonaldTrump

Next to a depiction of the Michelin Man checking the inflation level of a football with a gauge...

"In spite of today's ruling, we want to remind everyone that proper inflation does matter."

    -- @MichelinUSA

One week after beating the NFL in federal court, Tom Brady opened the 2015 NFL season by beating the Steelers in Foxboro, Massachusetts, tonight (Thursday, September 10th), 28-21.

Playing brilliantly, Brady set a new NFL record of 161 victories by a starting quarterback for one NFL team.

Brady completed 19 straight passes (three shy of the NFL record), 25 of 32 overall, and threw four touchdown passes, three to favored target Rob Gronkowski.

Brady came onto the field an hour before the game to a huge ovation from the New England fans.

cccmedia

Through Week 3 of the 2015 season, Brady has taken full advantage of his court-ordered reprieve .. today slicing up Jacksonville's Swiss-cheese secondary for 51 points at Foxborough as he recorded his 400th career touchdown.  He led the Patriots on nine scoring drives in nine possessions and a 51-10 lead before being rested late in the fourth quarter.

Brady has been averaging over 400 passing yards per game in recent weeks, with nine touchdowns on the season and no interceptions.

The Patriots head into their bye-week with a record of 3-and-O.

cccmedia

Brady and the Patriots dominated the Dallas Cowboys in Big D on Sunday, 30-6, meaning that Brady won all four of the games for which the NFL had tried to suspend him.

Brady threw for two touchdown passes.  He scored a TD on the ground -- a 1-yard QB keeper plunge -- for the first time in over four years.  The New England defense prevented the Cowboys from scoring any touchdowns.

Lacking their star passer (Romo - injured), their star receiver (Bryant - injured) and the star runner they lost to Philadelphia in the off-season, the Cowboys dropped a third straight game.   The Patriots won their seventh consecutive game dating back to last year.

cccmedia

Brady threw for 356 yards and four touchdowns as the Patriots dominated Miami, 36-7, on Thursday Night Football.

With the NFL season now in week 8 of a 16-game season, New England is 7-and-0, and Brady is on track to be the NFL's Most Valuable Player.

cccmedia

The Patriots behind Brady improved to 10-and-0 in Monday Night Football, beating the Bills 20-13 to join Carolina as the NFL's unbeatens.

Brady was operating without his leading pass-catcher, Julian Edelman, and the Pats' leading running back, Dion Lewis ... lost Edelman's brilliant stand-in, Danny Amendola, in the second half ... and was hit ten times by Rex Ryan's hungry Buffalo defense.

A key to the win was Brady's ability to move the team down the field in a drive that took less than a minute -- culminating in a Brady touchdown pass to close out the first half.  The defense's ability to hold the Bills to a single touchdown was aided by some key pass-drops by the visiting team, and the fact that they stuck with an injured starter at QB (shoulder) for the final seven minutes.  The Bills' final drive basically fizzled out as they fell a touchdown shy of tying.

The Patriots and Carolina (also 10-0) are not scheduled to face each other this season.  That means that the juicy possibility of two undefeated teams playing in a Super Bowl .. is alive.

cccmedia

Brady will face his greatest foe, Peyton Manning, this Sunday when the Patriots' and Broncos' star quarterbacks meet in Denver with a trip to the Super Bowl on the line.  It's the AFC championship game.

While Brady has remained relatively healthy all season, his running backs did not.  Peyton himself missed six games due to a foot injury.  At 39, Peyton had one of his poorest statistical seasons although his team kept winning and got the #1 seed -- allowing them to host this weekend's fascinating matchup.

Brady found Gronkowski twice in the end zone last weekend and the QB plunged into the end zone from a yard out for a third touchdown, as the Patriots defeated the hottest team in the NFL -- the Kansas City Chiefs -- in a divisional playoff game.  KC had won 11 games in a row before losing in New England, 27-20, on Saturday.

Brady's top receivers are back from injuries and he will play in the Mile High City for a second time this season.  The Broncos took advantage of the Patriots' missing backs and receivers the first time, rallying at altitude in the fourth quarter and winning in overtime in Week 12.  It was the first loss of the season for the previously 10-0 Patriots.

cccmedia

NFL Spoiler Alert, below....
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Brady hooked up with tight-end Rob Gronkowski to complete two miraculous passes in the final two minutes on Sunday, (January 24, 2016) -- the second one good for a touchdown -- but the Patriots missed too many extra-point attempts and lost the AFC championship game, 20-18. 

With the game on the line, the league-leading Bronco defense tipped and intercepted Brady's final pass attempt for a possible two-point conversion.  This third interception of Brady brings the curtain down on his dynamic season and sends Denver with Peyton Manning to the Super Bowl in Santa Clara.

cccmedia

Guess he does not do so well when the game calls for "real" balls
Bob K

It was a good game - two well-matched defences (yes, yes, "defenses", I know!). The Patriots have usually relied on a certain amount of luck in officials' calls, but they didn't get the breaks yesterday. On any other day Denver would have been heavily penalised for pass-interference on several occasions. Ah well...

The other game was a blowout; I was disappointed in that. I give the final to Carolina. What do you reckon, CC?

It was a nail bitter for sure.

Bob K

Gordon Barlow wrote:

I give the final to Carolina. What do you reckon, CC?

For the Superbowl, Gordon, I agree with you completely.

I think Denver is going to have a tremendously hard time against a young stud quarterback, Cam Newton, in a game that will be played on a neutral field.  The Broncos' mile-high altitude-advantage will disappear.

Newton's arm-strength, superior running ability and outrageous enthusiasm -- as seen in the NFC championship game -- put him way ahead of Peyton Manning, age 39, at this late point in Peyton's career.

Denver's league-leading defense may keep this game from becoming a total blow-out.  But they don't have the firepower and youthful leader to win it.

Take Carolina and give the points.

cccmedia in Quito