Kessler: “It doesn’t matter to us where the case is”

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On Thursday morning, Judge Richard H. Kyle transferred the lawsuit filed Wednesday by the NFLPA in the Tom Brady case to New York, where the NFL had initially filed a lawsuit against the NFLPA a day earlier. NFLPA outside counsel Jeffrey Kessler shrugged at the decision.

“It really doesn’t matter to us where the case is,” Kessler told PFT by phone. “What we finally have is a neutral forum. Before a neutral forum, we are very confident in our position.”

Asked about the appointment of the New York case to Judge Richard M. Berman, Kessler said, “We’re very happy to have him.”

Perhaps the NFLPA should be very happy to not have Judge Richard H. Kyle, to whom the Minnesota case was assigned. His order sending the case to New York was worded somewhat strongly against the union, questioning among other things the decision to file in Minnesota in the first place.

Kessler explained that the paperwork filed Wednesday in Minnesota will be re-filed in New York. He said the documents will have “some revisions,” but that “ostensibly we will be making the same arguments.”

Kessler also reiterated that the plan remains to request a ruling by September 4 or, alternatively, an order allowing Brady to play pending the resolution of the case.

Look for more content from the Kessler interview to be posted here throughout the day, and to be discussed during the upcoming three-hour daily look at the latest news and information in the football world, PFT Live on NBC Sports Radio.

142 responses to “Kessler: “It doesn’t matter to us where the case is”

  1. It is wild when you stop and think about what Kessler said – this is the first time in this whole debacle that an impartial party is actually being to be in charge – simply mind blowing.

  2. Free Jim McNally and John Jastremski, let them take the oath and give testimony!

  3. Calling all celebrity phone hackers….

    I bet you can get $1 million for producing Toms text messages to the two fired staffers

    It would be a great read..

  4. He’s right, it’s the judge the matters. Odds are he’ll be an NFL influenced judge now.

  5. The NFLPA’s brief reveals that the “independent” Wells report was reviewed and edited by NFL execs prior to release, and that the same lawyers that wrote it then represented the NFL at Brady’s hearing. The NFL even used the attorney-client privilege to block inquiry into the report and how it was created. The union does have a strong position, and that’s even before you get to how badly the league mangled the investigation and testing. Both Patriots ball guys testified that they never tampered with the balls, but Wells ignores that in favor of science even his own consultants aren’t certain of. It is quite a read.

  6. Typical Patriot move. Talk a lot then back out just like Kraft. I doubt it goes to court. They will probably uncover a lot more cheating.

  7. It used to be that when football preseason started we talked about the players’ prospects for the upcoming football season. Those days are gone. Maybe the fans need protest – to sit out the season and demand the NFL be about playing football.

  8. I’m sure the Colts would love to see Brady’s suspension pushed out a week or two so that he won’t be available when the teams meet in Week 5, as it’s been well established that Brady owns them.

    Biggest team of fairies in the NFL.

  9. every article i read about the case presented by the NFLPA makes me think brady’s chances in court are strong.

    he may have lost the PR battle long ago (when Moron Mortensen said 11 of the 12 were under by 2 psi) but i can see brady winning in court.

  10. “It really doesn’t matter to us where the case is” or in other words” who cares, we will lose the case anyway”

  11. Does Goodell believe the the league is well within its rights to search players’ homes and vehicles and other personal property…like cell phones?
    Why did Goodell refuse to allow his cell phones to be examined in the Ray Rice suit?
    Why didn’t the league investigate who ordered the Minnesota game balls to be heated?

  12. You can believe him too, lawyers are knoen for always telling the truth, the whole truth and nothing but the truth.

  13. This is only the first of several smack-downs the union will receive in this case !!!

  14. Uhhhh, you guys do know that McNally and Jastremski were suspended at the behest of the league office, right? And they have final say on if and when they can be reinstated? So much misinformation flying around, I’m glad an actual sane judge will hear this and not some trailer park yokel from Middle America. The public response makes me want to move to Canada. RIDICULOUS. I can’t believe I live amongst people like this.

  15. We judged shopped, but it doesn’t matter to us that the judge we shopped for, for once, wouldn’t go overboard to help us out

    That’s when the NFL filed in NY, they lived with it….oh wait, the tried to run to another “friendly” venue?

    The lies may be more pathetic than the excuses

  16. The Appeal is Lost… the Treaty’s signed…
    Brady was caught….He crossed the Line…
    Brady was caught….And many tried…
    He lives among you….Well Disguised…
    He had to leave….. the Truth behind….
    He dug some graves…you’ll never find…
    His career is full…with cr*p and lies…
    You know his name….but..Nevermind…

    Nevermind (chorus)…Nevermind (chorus)….Tommy had to leave the Truth behind..

    His career is full…with crap and lies…”he owns the world”…….so nevermind…

    Brady was caught….He crossed the Line
    Brady was caught….And many tried…
    He lives among you….well disguised…

    TRUE CHEATER

  17. Goodell has a history of being dishonest and crooked (Ray Rice case), yet Brady has a proven track record prior to all this nonsense, step back from your computer and let it sink in a bit. I’m sticking with Brady on this one.

  18. Please, gods of justice, let this case go to court and somehow let Rozencrantz and Guildenstern get called to the witness stand. Maybe Brady, too.

    Pats fans: it only gets worse for you from here. Belichick and Kraft already know this. Brady’s pride is about to bring shame on you all.

    The rest of us will be watching and grinning. And it’s not because we ain’t you (no one hates the Steelers and Packers, each of whom has more Super Bowl trophies). It’s because you’re cheaters. Acknowledged cheaters. And you got caught.

  19. Does anybody from the Brady camp tell the truth? Why file in Minnesota after knowing full well the NFL filed in New York already? Yeah sure it didn’t matter.

  20. I was astounded to hear from Jim Gray that the NFL had 34 lawyers at the appeal hearing. Talk about circling the wagons.

    Two of them (Jeff Pash, Lorin Reisner) simultaneously represented the NFL and the “independent” Wells investigation.

  21. Really?!?

    Really, Mr. Kessler?!?!

    If it does not make any difference, why did the NFLPA try (as it always seems to do) to get this matter before Judge Doty — even though:

    1) the NFL is headquartered in NY,

    2) the NFLPA is headquartered in DC, and

    3) Tom Brady and the Pats are in Massachusetts?

  22. Well, well, well there’s been a Kessler sighting. Guess that means Yee has screwed up again. He comes out to make a boilerplate statement, not unlike one that is made by every lawyer in the history of law adjudication.

    I’m shocked he didn’t say we’re disappointed and have no chance, since our tactic of venue/judge shopping failed. Anyway, I hope the case is decided on its merit and that Pats nation will accept it. Based on the crazy climate, I seriously doubt it.

    Can’t wait to hear them talking SCOTUS. At least most of the defamation noise has stopped.

  23. During their multiple interviews with Ted Wells, Jim McNally and John Jastremski repeatedly denied tampering with footballs.

    That was never mentioned in the biased and one-sided Wells Report. In fact, not one quote from McNally or Jastremski or Brady for that matter, was included in the Wells Report.

    Do you know why? Because those quotes would not have supported Ted Wells’ predetermined narrative that tampering was more probable than not.

  24. “Free Jim McNally and John Jastremski, let them speak the truth on deflating!”

    They already did “speak the truth”, but for some reason, the investigators neglected to include any of their testimony in the Wells’ Report…

  25. It is really astonishing as to how brazenly and boldly the NFL lies, and spreads false information! You can’t believe a single word that they say!

    The NFL seems to really have changed under Goodell’s watch.
    The NFL is foaming at the mouth to see Brady guilty.
    There was never an investigation.
    There was never a hint of fairness.
    Lies, Lies and more Lies….every step of the way.
    P.R. spin. Making new rules and demands whenever they realize that they are being seen as fools.
    I truly don’t get it.

    I have a feeling that, (and this might sound stupid), when Brady told Harbaugh to “Study the Rule Book”, that was the straw that broke the backs of the frustrated owners of the Ravens, Colts, and Jets.
    Mix that humiliation with the humiliation of the constant beatdowns of those teams, and a Perfect-Storm started.
    The NFL, lead by idiots, has now backed itself into a corner, and they are killing the game in the process.
    The NFL “Shield” is nothing more than an advertising logo used to make billions of dollars. Nothing more. Integrity? Yeah right!
    Liars!

  26. I have an idea. Let’s all forget this back and forth spin and just let the courts handle it. I think there are so many eyes on this that it doesn’t matter who the judge is- maybe I am being naive but soooo tired of reading all the blog posts from all the “lawyers” and “scientists” on PFT- and tired of the lame articles deliberately worded to stir the pot. Both sides are guilty of being sheep- and I’m just as guilty as everyone else. Is it too much to think we can all just talk about football again and just wait for the verdict? Although- I’ve said it before and I’ll say it again- I really don’t think this goes to court. I think there will be mucho beating of chests and sound bites to the not so bright media and then this gets settled out of court the week/day/hour of the supposed trial. Let’s just ignore all of this ridiculous “clickbait” that is only serving to enrich the advertisers- no one is changing anyone’s mind.

  27. .
    Kessler? Isn’t this the guy who Troy Vincent said was overpaid when league attorney, Dave Pash, makes 6.7 million a year.

    The NFL costs of Wells, outside counsel, internal manhours etc etc must be staggering. They’ve got to be over 10 million. But, as Troy Vincent says “we’ll recoup it with fines”. We want to be like Ferguson Missouri and unleash hell whenever we see fit. ”
    .

  28. It doesn’t matter where any other pile of mularkey is either, so that makes sense.

  29. For all you complete morons who only read headlines.. Brady gave up all his contacts and phone numbers.. the league was too lazy to go through the list..there is not one text or call to Mcnally.. and the Deflator as you call him was mentioned only ONCE in over 1000 texts between McNally and Jastremski and that was in May of 2014 when a lot of football is played..yeesh

  30. Let’s add “go catch a perjury charge” to the list of ways Brady can tarnish his image.

  31. Most of you fail to realize the court case isnt about whether Brady did it.The judge isn`t going to care if Brady broke a cell phone or changed the PSI himself.
    The case is about the CBA and the process of reaching the conclusion and whether it was fair and neutral.
    Therefor the NFLPA has a VERY good chance of winning this case.Even the biggest Patriot haters can`t really believe in the process of Goodell deciding if there was a crime,what the punishment is and deciding the appeal is fair and neutral.Especially if it ever applied to them.

  32. I want a circuit split between this case and Peterson v NFL.

    That would be fun to watch.

  33. “I only filed in Minnesota so I could take the tax deduction for taking my family on a summer vacation. But I asked them and they’re good with Coney Island instead.”

  34. Goodell’s delay in announcing his decision to deny Brady’s appeal in order to give NFL counsel time to choose a venue for its motion to have a federal court confirm the appeal decision is a violation of the arbitrator’s code of ethics.

    Specifically, the code states:

    “An  arbitrator must be  as ready to  rule for one party  as for the  other on  each issue, either in
    a single case or in a group of cases.” Clearly, Goodell did not meet that standard.

  35. It`s the same reason they lost the bountygate,Rice,Peterson and Hardy cases.
    Until they change the process to something more fair and consistent they are going to lose most court cases.

  36. The Frame-Gate by Goodell continues and now he has Brady in his backyard.

    NFL Headquarters is in NYC, home of the Jets, Giants, CORRUPT Judges & Politicians.

    The NFL paid Well$ $5 million for their guilty verdict and now they will pay some Judge another $5 million or more behind closed doors for another guilty verdict.
    All the Judge has to do is make some lame excuse as to why the CBA allows Goodell to BLAH BLAH BLAH BLAH BLAH.

    The WAR is on and Goodell has been DOMINATING with Lies heralded as Truth out of the mouth of his false prophets = ESPN & News Media = and You believed them. You have been PAWNED.

    WAKE UP PEOPLE & Get Your VOICE HEARD – REJECT The Corruption & Lies of Goodell & the NFL.

  37. I think both sides know that the suspension being overturned is a very low probability. If this were being bet in Vegas, NFL would be favored by 14. So, I’m guessing a lot of what we’ll see is posturing to come out of this looking as good as possible, regardless of outcome.

  38. Kessler should be happy,this judge likes unions.Who knows how this will turn out though.Brady will have a tougher time trying to get an injunction – Bar is set very high.

  39. Why can’t Brady just take his punishment like a man.. He is always crying about something..
    I think he is nervous he is going to lose his starting QB job from the backup because everyone knows that it’s easy to win in that system.. Matt Cassell won 11 games! It’s because they have someone in your headset telling you where to throw the ball. Telling you exactly what the defense is doing.. It’s like a video game and Brady has mastered playing this “game”
    Cassell did pretty good playing this game but once he had to play REAL football we see what happens. That to me is the most damaging evidence yet people ignore that too.. How can a guy look so good with one team go to other teams and just be awful? Doug Flutie already told people what goes on and media and NFL ignore it

  40. This case has nothing to do with whether the Pats screwed around with the footballs.

  41. Someone, please, answer this. Stephen Gotskowski did not hand over his cell phone during the investigation either, and refused, on the basis that he himself is a union member, same as Brady.

    Why didn’t he get suspended? If Brady got suspended for failure to adhere to an investigation, then surely Gotskowski should too.

    (PS: Acceptable answers do NOT include: He’s a kicker and he doesn’t matter as much as the QB, Union rules only apply to Brady, Brady was not forthcoming, Brady’s a cheater it doesn’t matter, *some other hater moronic dribble* etc.)

    This case will be about the league bias in this investigation. If their standard is now to suspend due to obstruction, then Gotskowski should be receiving the same punishment. He won’t, because that doesn’t sell in news stories, but Brady does.

    Wake up people.

  42. Wouldn’t this all be easier if the court were to dig up those equipment guys and make them answer a basic question? Did Brady tell you to do it or did you do it on your own?

    No more cell phone idiocies or science debates. Put the two guys under oath and solve this thing in perhaps ten minutes.

  43. Yes it doesn’t matter to him where the case is tried. That’s why he filed in MN. And let the spin-doctoring continue.

  44. By Kessler saying ” It doesn’t matter where..” he is saying two things:

    1.) First & Foremost -‘I get My Money’

    2.) We are SCREWED – Raise the White Flag

    You cannot beat high level corruption in NYC & DC.

  45. It doesn’t matter where ? Then explain why you filed in Minnesota and not New York. Everyone knows you wanted Minnesota because of past rulings in favor of the players union (i.e. your side). Didn’t expect this Kessler, did you.

  46. How did a inconsequential amount of PSI get to this point? No matter what team you cheer for you have to give pause and truly examine what the NFL did in this case. There will be a time when the Patriots are back to being an also ran and then the next franchise will go on a run of success. If the team you cheer for is successful is that how you want the NFL, its owners, and the fans to treat that team? Look at the egregious things that have happened over the year and compare the punishment for those things to this. This story led the national news on all networks back in February! PSI in a damn football! The leaks by the NFL, the fact they didn’t correct extremely erroneous info for months, and the lack of anything independent in this should worry all owners and fans of the NFL. Hate the Patriots, Kraft, Belichick, and Brady until infinity if you want but the way this has all been handled by the NFL and Goodell is criminal.

  47. I think the first piece of evidence that should be produced is why the Pats believe he was called the Deflator due to his desire to lose weight. That I want to see.

  48. Excerpts from Patriots official Dictionary–

    Biased – people who see the evidence as tending to point towards Brady’s guilt.

    Impartial – people who believe Brady.

  49. I will say this though – a real courtroom is where OJ and Casey Anthony were exonerated, so this should be a piece of cake for a guy that only broke a little rule and then tried to keep it quiet.

  50. Big Tom Brady fan here but this will not end well for TB and his followers. His actions and demeanor clearly suggest some level of guilt.

    However, it is completely outrageous that the NFL appears to be out to crucify one of the greatest players of all time. Clearly there is an agenda that we may never be privy to.

    Sad and pathetic.

  51. I have a feeling that the ultimate question here is whether a court will be about determining the ultimate *truth* of all this, whether an appropriate judgment was made – in which case Brady should win, hands down – or if they just focus on whether it’s the NFL’s job to decide this. In which case it might end very quickly and leave Brady without any forum in which to pursue this.

    Personally, I hope it’s the former, because the whole affair has been shameful from the league’s standpoint – from the erroneous leaks to the dreadful report to the manipulation of public opinion. However you feel about Brady and the Pats, this has been a woeful amateur-hour display of malicious incompetence from the league office from the very start.

  52. Wouldn’t it have made more sense to have this heard in the Minnesota Court?

    After all, isn’t August 13th the same day Goodell’s “Contempt of Court” hearing is scheduled for that court?

  53. People – this is a drag out fight and the final outcome is less important than the pain to be caused along the way. NFL was smart to play the public opinion as they did, but this could be a long process and the NFLPA/Kessler/Brady will have more shots at embarrassing the league. Its how these things work.

    Look out for the next move….and if Brady accepts or loses his appeal with no confidentiality agreements or releases….then the leaks could be endless even beyond the ruling…

    that’s why these things usually settle

  54. It just doesn’t matter.
    My pockets keep getting fatter.
    I mind control like the Mad Hatter.

    *drops microphone*

    -JKess

  55. So they still file in Minny right after it was fist filed in NY.

    No one on the Brady/Pathetics side tells the truth.

  56. “It really doesn’t matter to us where the case is”

    Sure it doesn’t. That’s why your boys ran to Minnesota with you underpants in a fire to file suit there. Too little, too late sport!

  57. I hope justice prevails! There have been people convicted on much less circumstantial evidence, for committing more serious crimes. Anyone with common sense can connect the dots on this one. I hope the other owners fully support Goodell, as they are probably sick and tired of the Pats trying to win at all costs, for years…smh…Belichick did a great job of hiding behind Kraft, and he did not receive what Payton did, because you know, “Ignorance is no excuse”. Problem is, if you think he wasn’t aware of what was going on, I have a bridge 🙂 Brady thought he was untouchable and found out just because he was arrogant & smug after beating the Ravens…surprise! Could not happen to a better 6th round draft pick…imho

  58. Brady is innocent, but of course the court does not care.

    They care if a member of a labor union was the victim of unfair dispute resolution process.

    Was the process done in accordance with collectively-bargained guidelines?

    The issues of the made-up “general awareness” standard, the refusal to allow Pash to be cross-examined, the punishment out of line with NFL precedent, the lack of warning to the member of a labor union (Brady) about his possible penalties, and punishment of a player for violating a code that applies only to teams and executives all seem to be legit beefs.

    75% of arbitration rulings are upheld, but the NFL has a higher-than-average level of incompetence.

    I say 50-50.

  59. I’ll call BS on that one – why else would the union have filed in Minnesota instead of the Northeast, where the NFL’s and NFLPA’s offices are and where Brady plays?

  60. PLEASE get McNally on the stand.

    ATTORNEY: “Do you swear under oath and threat of perjury that your ‘Deflator’ nickname refers to losing weight and not something else?”

    MCNALLY: “Uh… may I be excused? I think I just wet myself.”

  61. Sure you don’t care. That’s why you just accepted the NY jurisdiction in the first place.

    Oh, wait…

  62. All the negative comments about Brady and accusing him of cheating are actually working in his favor.

    Once this court decision comes in his favor, the civil case against the NFL will begin. His law firm will use the Mortenson story (that was never retracted, even when proven false) and measure the amount of negative reaction online against him that has been generated because of this.

  63. If this was Alex Smith. It’s a non-story. Barely a blip on here or twitter. It’s a tiny amount of air out of a ball.

    No one won or lost based on that.

    If such an advantage why wouldn’t every QB want at lowest range of 12.5? What concrete info is there this is an advantage? If story was opposite and Brady was having balls pumped up over 13.5 would it be an advantage as well? Would he be heroic for making it more difficult on himself?

    The balls had no impact on the game, get over it. If you believe otherwise you are a gullible casual football fan who can’t think for yourself.

    Argue he broke a rule, argue he should be punished for that but stop with the it “impacted the game”. The outrage is ridiculous. Tomlin interfering with kick return had so much more of impact then this and it’s not even close. He got a $100k fine – only people to care and rightfully so were the Ravens. What Brady is accused of is like wearing illegal cleats, it’s a rule infraction.

    How big a deal was it when jets equipment team tampered with kicking balls in 2009? No one gave a crap, no investigation on if Kicker was “generally aware”.

  64. The NFLPA will get its injunction. Brady will play the season. The federal court will rule that Goodell cannot be both the punisher and the aribitrator.

    The court will remand the matter back with instructions for the parties to secure a neutral arbitrator. Then the hearings will all begin anew and Brady and the NFLPA will be able to present their case before a neutral arbitrator.

    At that stage it is possible that All witnesses will be issued a subpeona to testify under oath before the arbitrator at an arbitration hearing. All of them. McNally, Jastremski, Brady, Walt Anderson, Grigson, Vincent, Kensil, Pash, Exponent, etc. and possibly even Wells and Goodell.

    Discovery will be wide open. The NFL will NOT want that. At that stage, watch the league SCREAM “Attorney-Client Privilege”. The NFL will try to protect all of its communications from discovery. Watch. That’s how top-down monolithic organizations work.

    Brady will supply all of the electronic data he can from his phone and will by then attach names to the accounts. He’s in a position to do that.

    The NFLPA will present its experts to try to establish that the footballs were not deflated beyond what would be expected by science. And the NFL will have to justify its right to punish a player for not providing data from a personal cell phone (even though by then the raw data at least will have been provided).

    Once the arbitrator rules, effectively that ends the case. Courts are extremely reluctant to overturn a decision by a neutral arbitrator, whatever that decision is. Courts are not so reluctant to reverse a decision of an arbitrator that has a conflict of interest (i.e. Goodlell) notwithstanding the provisions of the CBA.

    I have no idea what a neutral arbitrator will decide, and neither does anyone else. If someone tells you they know, they are either guessing or lying.

    The long term fall out from this will be that there will now be precedent from a federal court effectively declaring that the commissioner of the NFL cannot be both in charge of punishment and arbitration.

    This will affect not only the NFL, but also possibly MLB, NHL and the NBA, amongst others. Watch for these leagues to ask to intervene with their own amicus briefs at some stage.

    By the way, I am not a Pats fan. I am a Giants fan since the days of Parcells. But I have no axe to grind with the Pats either.

    Although I can’t predict the final outcome, I can say that the NFL should be embarrassed at how it has let this issue explode like this.

    In my judgment, even if Brady had direct knowledge that balls were being slightly deflated (which seems less likely than not) he did nothing wrong.

    The 12.5 to 13.5 psi has nothing to do with competitive advantage; it is a MANUFACTURER’S RECOMMENDATION. Even Wilson (the manufacturer) admits that.

    Think about that for a second.

    The NFL can’t even tell you why 12.5 psi to 13.5 psi is so important. Do you know why? Because it isn’t important.

    The league allows receivers to wear sticky gloves to get a better grip on the ball. QBs can wear the same gloves. Why can’t QBs set the psi to their preference? Why is that so wrong? Why doesn’t the league want QBs to get a good grip on the balls?

    This whole fiasco is about power, and has been for a while now. It is no longer about whether some footballs were slightly deflated and the importance of that. It started out that way, but it evolved into something much larger.

    Some of the less intellectual players will never understand that, but the smarter players will. This is setting up to be a good old fashioned labor vs. management war.

    And it never had to happen. Nobody will win. Brady’s legacy will forever be clouded by this controversy, even if he is exonerated.

    If the league loses control of player discipline, this will be a VERY different league and may cause some (many?) fans to lose interest in the game. And even if the league wins, what exactly has it won? It already had control of player discipline and it bloodied and battered one of its all time great players and teams (regardless of how you personally feel about the Pats, Belichick or Brady). For what? To assuage Goodell’s ego?

    How sad.

  65. Tom Brady, it’s been nice knowing you, well not really, but just making conversation. I actually am a journalist, if NFL Network or someone prominent hires me someday and I am a Hall of Fame voter, Brady will NOT get my vote. Everything he has ever done is in question. It’s impossible to know how far down the rabbit hole this cheating nonsense goes.

  66. The judge saw through the subterfuge of the NFLPA. The legal system is being manipulated. They are arguing this case incorrectly. Argue what happens when an under inflated ball is handled b the QB. Does it cause less fumbles, does it go further when thrown? I haven’t heard that yet.

  67. BTW-They filed in Minnesota hoping for judge Doty again.Once the case landed with the republican judge in Minnesota compared to the democratic judge in Manhattan it helped them.Of course he`s lying.He cares which court in that he wants the one that best suits their case.He ended up getting that in Manhattan so now by the NFL trying to be aggressive and taking the fight to the union they actually helped the union.The NFL can`t seem to get anything right.

  68. pwb44 says:
    Jul 30, 2015 11:17 AM

    Really?!?

    Really, Mr. Kessler?!?!

    If it does not make any difference, why did the NFLPA try (as it always seems to do) to get this matter before Judge Doty — even though:

    1) the NFL is headquartered in NY,

    2) the NFLPA is headquartered in DC, and

    3) Tom Brady and the Pats are in Massachusetts?

    ——

    The NFLPA heavily cited the Peterson ruling, which happened in Minnesota. Of course that is where they would want it to be heard, the Peterson ruling carries more weight in minnesota than New York. Especially if they got it in front of Judge Doty, who is unlikely to go against his own ruling.

    But it did not end up with Judge Doty anyways so I don’t think they’re too upset about it being sent to New York

  69. How can everyone be commenting on this? Of course the union intended to file in Minneapolis. One of its legal points in its brief (which I bet none of you law professors have read) is that the Brady appeal ruling process was contrary to very recent precedent (Adrian Peterson) established in the Minneapolis courtroom. It’s perfectly natural for the union to file there.

    The NFL, knowing this, and concerned that the union might find a sympathetic ear in Minneapolis, quickly filed its own motion in Manhattan, to affirm the arbitrator’s (Goodell’s) ruling.

    Both sides had good reasons why they wanted to file in specific courts. Both did. And the courts worked it out.

  70. GO FOR TWO SPORTS says:
    Jul 30, 2015 11:37 AM
    “Why can’t Brady just take his punishment like a man.. He is always crying about something..
    I think he is nervous he is going to lose his starting QB job from the backup because everyone knows that it’s easy to win in that system.. Matt Cassell won 11 games! It’s because they have someone in your headset telling you where to throw the ball. Telling you exactly what the defense is doing.. It’s like a video game and Brady has mastered playing this “game”
    Cassell did pretty good playing this game but once he had to play REAL football we see what happens. That to me is the most damaging evidence yet people ignore that too.. How can a guy look so good with one team go to other teams and just be awful? Doug Flutie already told people what goes on and media and NFL ignore it”
    _____________________________________
    Ummm….Cassel threw for 27 TD’s vs. 7 picks and 3116 yards, a 93.0 QB rating and a 10-5 record in his 15 starts, leading the Cheifs to the playoffs and getting a Pro-Bowl nod 2 years after being traded form NE to KC.

    Not much of a history buff, are ya?

  71. He cares which court in that he wants the one that best suits their case.He ended up getting that in Manhattan so now by the NFL trying to be aggressive and taking the fight to the union they actually helped the union.The NFL can`t seem to get anything right.
    ===
    To be fair to both the NFL and Kessler, the Judge assignments in both MN and SNY were random.

    You could argue that as soon as it was known who the judges were in both MN and SNY, the NFL should have withdrawn it suit in NY, but that would be very harsh to the NFL.

  72. Okay, Mr. Kessler — then why did you bill your client for the preparation of a 54 page petition and other related documents for filing in Minnesota — that got thrown out of court the next day — when a 1L Federal Civil Procedure student could tell you that the “first filed” rule clearly appliedhere ?

    It could be that he wanted a new Jaguar but I’m sure his answer would be to influence the “court of public opinion. And like a Lemming, Florio picked it right up here. The only problem is that people have already made up their minds about Brady — one way or the other. All he succeeded in doing by laying out all Brady’s arguments in a rejected document is give the NFL a 14 day head start in preparing its reply brief.

    Oh, and there is that Jaguar that Brady will pay you for….

  73. If it came from the mouth of a lawyer, you can assume it is BS. OF COURSE it mattered where they filed, that’s why they tried to run to their patsy judge David “Labor Ass Kisser” Doty.

  74. In the NFL Roger Goodell world when you upgrade your cell phone you are in essance destroying the old one. Also, when when you go to a public restroom you are deflating footballs and not urinating.

  75. If Tom Brady destroyed his phone by beating Giselle into unconciousness in an elevator with it, it would only have been a two game suspension, and that’s with a security tape of the infraction.

  76. 12coltsfan12 says:
    Jul 30, 2015 11:51 AM
    Pats dominate our thoughts…and our teams…

    -colts fan

    **********************************************************************************************************************

    SPEAK FOR YOUR SELF

    -Giants Fan

    AKA PATSIE KRYPTONITE!!!!

  77. “It really doesn’t matter to us where the case is”

    Sure it doesn’t. That’s why your boys ran to Minnesota with you underpants in a fire to file suit there. Too little, too late sport!!

  78. Some of the less intellectual players will never understand that, but the smarter players will. This is setting up to be a good old fashioned labor vs. management war.
    ===
    The thing about labor-management wars that land in courts is that they set precedents for future labor-management wars – regardless of industry

    What that means is that you could replace the word “player” with “worker” and your statement rings just as true.

  79. Kessler: “It doesn’t matter to us where the case is, we expect to get owned like Tommy in the SB against BIG BLUE”

  80. while your at it in court Kessler..get back the 36million the nfl owes the redskins and the 7million to dallas..no cap means no cap..

  81. None of this matters. Brady has 4 super bowls; his legacy isnt going anywhere except the hall of fame. The nfl looks stupid and petty as usual, and the patriots look arrogant and petty, as usual. In a few days training camps will open, and finally the nfl world can split up into their respective camps and hopefully this nonsense which has gone on for way to long and be put on the back burner for a while

  82. My goodness, Pats fans are a special kind of desperate. Anybody who could still defend Brady after all of this is not just naive and ignorant, but flat out stupid in the head. It’s because of people like you that someone as corrupt and dishonest as Hilary Clinton still has a shot at becoming president.

  83. The Venue would matter a lot more if Bradys case weak.

    However, his case is fairly strong given the rules, procedures and policies Goodell violated and essentially cast caution to the wind when picking punishments out of thin air with no regard precedent, or the CBA.

    I wonder if he has even read the CBA?

    Roger and his faithful yet misguided gang of henchmen (Kravitz, Kensil, Wells, Irsay, Bisciotta) have made a colossal mess with their the bumbling, mistake ridden, propaganda-fueled witch-hunt.

    All the haters are siding with the same Commissioner and NFL “brain trust” that didn’t even have the forethought to ask the Atlantic City Police Dept. for a copy of the Ray Rice elevator tape.

    “Tape? What Tape? Oh! There was a video Tape. Gosh, what’ll they think of next”

    -Roger Goodell

    Really? You’re gonna hitch your wagons to this inept fool?

    Serves you right

  84. @aballinhighgrass

    If the league has a rule that the PSI in each ball is to be within a specified range, is that not the same as all the other game specifications such as the dimensions of the field, the dimensions and placement of the goal posts, the length of each quarter of play, the length of half time, the number and length of timeouts, the maximum number of players permitted on a team roster, the distance required to attain a first down,…etc. If a QB is permitted to set the PSI of the balls to his personal liking, then what’s to stop other players from changing any and all the above game parameters ?

  85. These guys lie about everything. If it did not matter they would not have went out of their way to file in Minnesota. All of these attorneys are based out of NYC so why would they file halfway across the country if it did not matter?

  86. Of course Kessler doesn’t care where it’s heard. If they wanted it in MN they could just file for an exception which would surely be accepted since they notified the NFL they were going to file before the NFL did file.

    C’mon, the NFL army of lawyers not only botched the investigation royally, they were so inept they filed the suit without a signature. Kessler will eat them alive.

  87. fafaflunky says:
    Jul 30, 2015 1:47 PM
    while your at it in court Kessler..get back the 36million the nfl owes the redskins and the 7million to dallas..no cap means no cap..

    ————————————

    You do know they were not fined actual money? Right?

  88. I continue to be astounded how many people immediately believe the NFL/Goodell when it’s an established fact that they have lied and obfuscated in both this and many other cases. The NFL is leading late in the 3rd Quarter. The final facts and judgment are not in yet. The fat lady isn’t even warming up. Last time Brady was down late in the 3rd Q was when? Oh yeah…I wouldn’t bet against him. Roger on the other hand? Comes out of the gate fast and hard, neck straining, licking lips, chest puffed out. Usually takes an early lead and then folds up in the stretch like a cheap card table.

    Should be interesting…if it goes according to script, Roger/NFL ends up with egg on their face. Let’s see how it plays out.

  89. Impartial? Keep your fingers crossed. Brady has been quiet for months and now that his side is finally talking this judge from New York told Brady and the NFLPA to tone it down. Huh… That does not look good. Brady is a different animal from those players these judges symphatized with. If these judge behave the same way as the media, then the only recourse for Brady is the playing field. The way he made his big statement in the SB.—- Lest you haters forget. The Patriots is still the SB champions!!! Brady will get another one. Contemplate on that. Your teams will get a head start. Unearned without Brady. Don’t let pride get in the way of your triumph.

  90. AquaHawk_12 , you do realize JJ & McNally HAVE spoken about it on the record & denied doing anything wrong. The NFL, not the Patriots, ordered their suspension and that is according to Adam Schefter.

  91. babygaga19 says:
    Jul 30, 2015 2:06 PM
    Brady’s days as a Pat are numbered. He will end up in Cleveland….

    No, if the Pats were to trade Brady because this sham of a suspension does not get overruled, and Garoppolo lights it up in relief like a “Brady takes over for Bledsoe” moment, the Pats would trade Brady to a team that is generally pretty good to very good in the regular season, but desperately needs a QB that wins in the post-season. The Pats would get a King’s ransom for Brady from one of those teams, even given that Brady probably only has a few seasons left. The teams that would line up for Brady in order of Super Bowl QB need desperation would be:

    1. Denver
    2. Dallas
    3. Cincy
    4. Atlanta
    5 Arizona
    6. San Diego

    🙂

  92. The judge in Minnesota who kicked it back to NY wasn’t Doty who the NFLPA wanted. He was appointed by a Republican President (Bush I) while Berman was appointed by Democrat (Clinton) and is labor friendly. So, in lieu of getting Doty, NFLPA is probably happy how things worked out.

  93. .
    @aballinhighgrass

    Spot on analysis……. Fair and balanced without a prediction on the verdict either way.

    @mostlombardis

    Dude, you’re not proposing a slippery slope, but a slippery mountain. All he’s saying is that if Aaron Rogers prefers his balls to be at 13 psi and Ben Roethlisberger prefers 13.5, who cares? Give them a range of 12-14 psi and wish them good luck.
    .

  94. 1. Denver
    2. Dallas
    3. Cincy
    4. Atlanta
    5 Arizona
    6. San Diego
    ===

    Probably an NFC team.

  95. I wouldn’t fight the NFL. Sure the lawyer likes it. After all, nobody had ever heard of him until today. But I remember back in 1983 when the DeBartolo’s who owned the 49ers, also bought a USFL team, The Pittsburgh Maulers. That was against the wishes of the league. Oddly enough, the 49ers, who were much the best team that year, got a total screw job by the refs in the NFC Championship game. For those who remember, there were three very funny calls that went against the 49ers late in the game. The next year the 49ers went 18-1 (should have gone 19-0). They were the best team by far in those days. But they thought they could go against the league. So for those of you who are thinking about putting money on the Patriots to win the super bowl, you might want to take a deep breath.

  96. Has the league even shown evidence that ball inflation occurred…..let alone that anyone caused it to occur intentionally?

  97. Kessler: “It doesn’t matter to us where the case is” (because [1] We have no case due to the willful tampering of evidence, and [2] Lawyers get paid regardless.)

  98. The NFL is a private entity and the Union is governed by a CBA. The Unions original grievance went before an arbitrator who ruled against them and upheld the original suspension. The federal court system is overloaded and would be inundated with these type of private cases which have previously agreed upon rules in place. Case dismissed!

  99. qdog112 says:
    Jul 30, 2015 1:24 PM
    Doesn’t matter because Kessler turns water into wine.
    ——–

    He may need to make article 46 of the CBA disappear, and Brady’s phone reappear.

  100. infectorman says:
    Jul 30, 2015 1:58 PM
    The Venue would matter a lot more if Bradys case weak.

    However, his case is fairly strong given the rules, procedures and policies Goodell violated and essentially cast caution to the wind when picking punishments out of thin air with no regard precedent, or the CBA.
    ———————-

    How is his case strong? Most legal experts will tell you the opposite? The Commissioner, (regardless of whether you agree with his interpretation of the evidence) and his lawyers know the CBA.

  101. The reason why they would choose and prefer Minnesota is due the Judges experience with battling NFL disputes. It would obviously make sense to file there right? You act as if his legal team is scared and the NFL has them by the ropes.

    NFL has a crap case and their unprecedented suspension and fines will be exposed. They can’t prove the balls were even deflated. They used erroneous methods to collect data and are unable to prove Tom had any involvement.

    Tom’s cell phone has no merit of guilt in the courts eyes. Ok, get him with non cooperation. The precedence for such an act is a fine. Not a suspension.

    The precedence for equipment tampering is a “TEAM” penalty and a player fine.

    Tom Brady was treated unfairly by the league and he will Win.

  102. How is his case strong? Most legal experts will tell you the opposite? The Commissioner, (regardless of whether you agree with his interpretation of the evidence) and his lawyers know the CBA.
    ===
    Knowing the CBA isn’t enough. The question is if he followed the CBA and federal labor law relating to CBAs and arbitration. Generally, Roger Goodell has had a hard time staying within the lines. The NFLPA makes a strong case that he didn’t here.

    Let’s see how the NFL responds.

  103. “sgcrys says:
    Jul 30, 2015 11:41 AM

    Wouldn’t this all be easier if the court were to dig up those equipment guys and make them answer a basic question? Did Brady tell you to do it or did you do it on your own? ”

    Gee, I wonder if anybody has thought of doing that yet. Stupid Ted Wells wasted all those interviews asking Jastremski and McNally about interior decorating preferences.

  104. Smasonsmith, Brady was suspended for cheating and he got the same penalty that a PED user got. Right now this is a move by the union and Brady that he was suspended for not fully cooperating. He doesn’t stand a chance.

  105. Great Caesar’s Ghost says:
    Jul 30, 2015 4:46 PM
    I don’t get the location thing. A judge who shares the same area code as the NFL is going to magically be biased because of that?

    __________________________________________

    Probably… The NFL raced in to file in NYC to increase the likelihood that the judge was a Jets fan.

  106. Smasonsmith, Brady was suspended for cheating and he got the same penalty that a PED user got. Right now this is a move by the union and Brady that he was suspended for not fully cooperating. He doesn’t stand a chance.
    ===
    Again: If you’re my CBA covered employee, I can’t suspend you under a policy that doesn’t apply to you, nor can I suspend you for a violation that is collectively bargained to be a fine, nor can I punish you without linking it to a violation of policy.

    It’s. That. Simple.

    Goodell and the NFL have – somehow – managed to do all three. That’s the kind of thing that happens when you’re thrashing around looking for justification.

  107. Smasonsmith, I am not following you. Brady has been suspended four games for cheating, just like PED user. Instead of him juicing himself, he dejuiced the ball to gain an unfair advantage.

  108. Smasonsmith, I am not following you. Brady has been suspended four games for cheating, just like PED user. Instead of him juicing himself, he dejuiced the ball to gain an unfair advantage.
    ===
    Ok. I’ll go slower: none of what you’re saying matters in light of the errors that the league has made in handling this case.

    The first error the league made is that they punished TB under a rule that doesn’t apply to him and that he was not aware of. Imagine that you’re running a job site with unionized pipe fitters and electricians. A pipe-fitter unknowingly does something that is a violation of the electrician’s work rules, but that his own CBA is silent on. Can you punish him?

    No. You can’t. You can only punish a pipe-fitter for violating his own work rules, because those are the only rules that apply to him. Likewise, the NFL cannot punish TB for a violation of the Game Operations Manual because it is something that he was A) not aware of and B) inapplicable to him – applying to Clubs not Players.

    The second error the league made is that when they were challenged on their first error, they withdrew their specious application of a non-applicable policy and didn’t replace it with anything. So now you’re punishing that pipefitter for no reason. You’re no longer saying that he violated any policy. Not much better, is it?

    Finally, even if the League had applied the player policy that is bargained on (and which includes PED violations), miscellaneous equipment violations (which this is) aren’t a suspendable offense. That’s not legal. If the CBA spells out the punishment, the law says you have to stick at or near the punishment.

    Like I’ve said: the NFLPA’s filing makes a good case that the NFL has been thoughtlessly thrashing around for justification of it’s actions. Maybe the NFL’s filings in the suit will be better than they have been so far. We’ll see.

  109. Roger Goodell has tarnished & embarrassed the NFL organization. All
    Of this non sense over .08 th of PSI Air. Ridiculous ! #FireGoodell players like #Brady have made the NFL more popular than it was 10
    Years ago. Brady is a class act ! Goodell attacked the wrong guy! I can’t wait to see Brady hoist a 5th Lombardie and watch Goodell have to congratulate him. Bottom line Goodell has been biased and pressured by Jim Irsay & Steve Biscotti .

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