So ivanvamp can get all his info in one place, I will update the first post in this thread with facts related to the case(s) attempting to affirm or vacate the arbitration award confirming Brady's suspension. Happy to take suggestions on things that should be added/edited.
Where is the legal case situated?
The NFL Management Council filed its case in the U.S. District Court for the Southern District of New York on July 28http://www.nysd.uscourts.gov/. The case has been assigned to Senior (Senior in this context means of retirement age, and on a reduced schedule) Judge Richard Berman and Magistrate Judge James Francis.
The NFLPA filed in the District of Minnesota on July 29. The case was assigned to Judge Richard Kyle and Magistrate Hildy Bowbeer. on July 30, Judge Kyle ruled that based on the first-filed rule (see below), the case will proceed in the Southern District of New York before Judge Berman.
Who is representing the NFL?
The NFL is being represented by the law firm of Akin Gumphttps://www.akingump.com/en/index.html, and the lead lawyer is Robert H. Pees.
Who is representing the NFLPA?
The players association is being represented by Jeffrey Kessler of Winston & Strawn. Local counsel in Minnesota is Barbara Berens of Berens & Miller.
Why does the NFL get to file a lawsuit when it "won" the appeal?
Under the law, Goodell's decision was an arbitration award. The NFL has filed a motion to confirm that arbitration award in federal court, which is totally non-controversial and authorized by Section 301 of the Labor Management Relations Act, 29 U.S.C. §§ 185 et seqhttps://www.law.cornell.edu/uscode/text/29/185.
Why did the NFL file in New York?
The NFL has suffered various defeats in other jurisdictions, particularly in the District of Minnesota before Judge David Dotyhttps://en.wikipedia.org/wiki/David_S._Doty, most recently having its arbitration award in the Adrian Peterson case vacated. The NFL likely would rather not appear before Judge Doty in this case.
Why should the NFL's case trump Brady/NFLPA's just because it filed first?
Because "first-to-file"http://definitions.uslegal.com/f/first-to-file-rule/ is the general rule in this country in circumstances like this, which occur routinely in the legal system.
Is there any way around the first-to-file rule.
Yes. The rule is not wholly inflexible. Generally, in the Second Circuit, if a court decides that the first filer is in actuality the true defendant, and the filing was merely an anticipatory attempt at forum shopping, the second filer may get its chosen forum. See Emplrs. Ins. v. Fox Entm't Group, Inchttp://caselaw.findlaw.com/us-2nd-circuit/1325191.html.http://caselaw.findlaw.com/us-2nd-circuit/1325191.html, 522 F.3d 271, 275 (2d Cir. N.Y. 2008). The NFLPA would have argued this is one of the cases in which first-to-file should not apply. However, preempting any such argument, Judge Kyle ruled sua sponte (on his own initiative) that the rule is applicable here, and this case should proceed in New York before Judge Berman.
Why can Brady be sued in New York? He's not from New York.
Brady is not named as a party in the NFL's complaint. Under the law, in situations where a union employee is represented by the union in an arbitration, that player does not have standing to confirm or vacate the award. The correct party is the NFLPA.
How long will this process take?
Always tough to predict. The Peterson case, for example, was decided in just about 2.5 months. But Judge Doty in that case granted a request for an expedited schedule. This case will also have preliminary briefing on whether the case should be decided in the S.D.N.Y., or whereever the NFLPA files its dueling case (likely D.MN).
Is there any chance Brady can play football while this plays out?
Yes, the NFLPA will request a preliminary injunction requiring the league to permit Brady to play while the award is being considered. In considering whether to grant a Preliminary Injunction, the court balances the moving party's "likelihood of success on the merits," meaning its likelihood of winning the case, with the harms each party would face if the preliminary injunction is granted. In this case, it is fairly clear that Brady would suffer irreparable harm if the PI is not granted, while the league will suffer little to no harm if it is. As to the success on the merits, that is a determination the judge will make.
What are the possible outcomes?
The NFL is seeking to confirm Goodell's ruling. So if the league wins, it will have a federal judgment validating Brady's suspension. Brady can then appeal either to the Eighth Circuit Court of Appeals if the case is ultimately decided in Minnesota, or to the Second Circuit Court of Appeals, if the SDNY decides the case.
If Brady wins, the court will decide that the award must be vacated, and his case will be "remanded" back to the arbitrator, in the case Goodell, to correct whatever procedural errors the court finds. Of course, if one of those errors is found to be Goodell serving as the arbitrator, another arbitrator would need to be appointed. It is possible that the court may find that the errors made are uncorrectable, in which case the matter would be effectively dead. The NFL would have the same rights to appeal to either the Eighth or Second Circuit Court of Appeals.
Finally, the District Court also has the power to "modify" Goodell's ruling. So it could, for example find that the "law of the shop" in the NFL requires only a $50,000 penalty for interfering with an investigation. This is the least likely of the outcomes in light of courts' reluctance to interfere with arbitral decisions.
OMG, will this case go all the way to the Supreme Court?!!?!!!?!11?
The general standards for certiorari are herehttps://www.law.cornell.edu/rules/supct/rule_10. Tl;dr: probably not.
Where is the legal case situated?
The NFL Management Council filed its case in the U.S. District Court for the Southern District of New York on July 28http://www.nysd.uscourts.gov/. The case has been assigned to Senior (Senior in this context means of retirement age, and on a reduced schedule) Judge Richard Berman and Magistrate Judge James Francis.
The NFLPA filed in the District of Minnesota on July 29. The case was assigned to Judge Richard Kyle and Magistrate Hildy Bowbeer. on July 30, Judge Kyle ruled that based on the first-filed rule (see below), the case will proceed in the Southern District of New York before Judge Berman.
Who is representing the NFL?
The NFL is being represented by the law firm of Akin Gumphttps://www.akingump.com/en/index.html, and the lead lawyer is Robert H. Pees.
Who is representing the NFLPA?
The players association is being represented by Jeffrey Kessler of Winston & Strawn. Local counsel in Minnesota is Barbara Berens of Berens & Miller.
Why does the NFL get to file a lawsuit when it "won" the appeal?
Under the law, Goodell's decision was an arbitration award. The NFL has filed a motion to confirm that arbitration award in federal court, which is totally non-controversial and authorized by Section 301 of the Labor Management Relations Act, 29 U.S.C. §§ 185 et seqhttps://www.law.cornell.edu/uscode/text/29/185.
Why did the NFL file in New York?
The NFL has suffered various defeats in other jurisdictions, particularly in the District of Minnesota before Judge David Dotyhttps://en.wikipedia.org/wiki/David_S._Doty, most recently having its arbitration award in the Adrian Peterson case vacated. The NFL likely would rather not appear before Judge Doty in this case.
Why should the NFL's case trump Brady/NFLPA's just because it filed first?
Because "first-to-file"http://definitions.uslegal.com/f/first-to-file-rule/ is the general rule in this country in circumstances like this, which occur routinely in the legal system.
Is there any way around the first-to-file rule.
Yes. The rule is not wholly inflexible. Generally, in the Second Circuit, if a court decides that the first filer is in actuality the true defendant, and the filing was merely an anticipatory attempt at forum shopping, the second filer may get its chosen forum. See Emplrs. Ins. v. Fox Entm't Group, Inchttp://caselaw.findlaw.com/us-2nd-circuit/1325191.html.http://caselaw.findlaw.com/us-2nd-circuit/1325191.html, 522 F.3d 271, 275 (2d Cir. N.Y. 2008). The NFLPA would have argued this is one of the cases in which first-to-file should not apply. However, preempting any such argument, Judge Kyle ruled sua sponte (on his own initiative) that the rule is applicable here, and this case should proceed in New York before Judge Berman.
Why can Brady be sued in New York? He's not from New York.
Brady is not named as a party in the NFL's complaint. Under the law, in situations where a union employee is represented by the union in an arbitration, that player does not have standing to confirm or vacate the award. The correct party is the NFLPA.
How long will this process take?
Always tough to predict. The Peterson case, for example, was decided in just about 2.5 months. But Judge Doty in that case granted a request for an expedited schedule. This case will also have preliminary briefing on whether the case should be decided in the S.D.N.Y., or whereever the NFLPA files its dueling case (likely D.MN).
Is there any chance Brady can play football while this plays out?
Yes, the NFLPA will request a preliminary injunction requiring the league to permit Brady to play while the award is being considered. In considering whether to grant a Preliminary Injunction, the court balances the moving party's "likelihood of success on the merits," meaning its likelihood of winning the case, with the harms each party would face if the preliminary injunction is granted. In this case, it is fairly clear that Brady would suffer irreparable harm if the PI is not granted, while the league will suffer little to no harm if it is. As to the success on the merits, that is a determination the judge will make.
What are the possible outcomes?
The NFL is seeking to confirm Goodell's ruling. So if the league wins, it will have a federal judgment validating Brady's suspension. Brady can then appeal either to the Eighth Circuit Court of Appeals if the case is ultimately decided in Minnesota, or to the Second Circuit Court of Appeals, if the SDNY decides the case.
If Brady wins, the court will decide that the award must be vacated, and his case will be "remanded" back to the arbitrator, in the case Goodell, to correct whatever procedural errors the court finds. Of course, if one of those errors is found to be Goodell serving as the arbitrator, another arbitrator would need to be appointed. It is possible that the court may find that the errors made are uncorrectable, in which case the matter would be effectively dead. The NFL would have the same rights to appeal to either the Eighth or Second Circuit Court of Appeals.
Finally, the District Court also has the power to "modify" Goodell's ruling. So it could, for example find that the "law of the shop" in the NFL requires only a $50,000 penalty for interfering with an investigation. This is the least likely of the outcomes in light of courts' reluctance to interfere with arbitral decisions.
OMG, will this case go all the way to the Supreme Court?!!?!!!?!11?
The general standards for certiorari are herehttps://www.law.cornell.edu/rules/supct/rule_10. Tl;dr: probably not.
