Tom Brady's lawsuit vs. NFL to be argued in New York, not Minnesota – ESPN
ESPN.com news services
NEW YORK — Tom Brady’s lawsuit against the NFL, in which he wants his four-game suspension overturned, will be heard in New York instead of Minnesota.
The New England Patriots quarterback and the NFL Players Association filed their suit Wednesday in Minnesota. But the NFL already had filed papers Tuesday in New York, moments after announcing that commissioner Roger Goodell upheld the suspension for Brady’s involvement in the use of underinflated footballs in the AFC Championship Game last January.
Wednesday was another eventful day as it related to the New England Patriots’ Tom Brady and his four-game suspension being upheld by Roger Goodell.
U.S. District Court Judge Richard Kyle ordered the transfer.
The judge wrote that he “sees little reason for this action to have been commenced in Minnesota at all.” He noted that Brady plays in Massachusetts, the union is headquartered in Washington and the NFL in New York. Kyle added that “the arbitration proceedings took place in New York and the award was issued in New York.”
Jeffrey Kessler, the lead attorney for Brady and the union, wasn’t concerned about Judge Kyle’s decision.
“(The change of venue) makes absolutely no difference to us,” he told ESPN’s Chris Mortensen. “We’re still in a neutral forum for the first time in this case. Our arguments are compelling and we think when they are presented here (in New York), they will remain compelling.”
Kessler added that the union will be filing a specific motion for an injunction Friday in the New York court, in addition to making some technical revisions to Wednesday’s 54-page filing to allow for the change in court circuits.
Brady, through the union, will seek an injunction that will allow him to play for the Patriots until the case is final.
Judge Richard M. Berman will likely hear the NFLPA’s motions. Berman, who was appointed by President Bill Clinton, has been characterized as a “liberal judge.”
Judge Berman would have to agree that Brady would have a reasonable chance of winning his case against the NFL to issue injunctive relief, according to several legal experts.
The union has previously had success in litigation in Minnesota, which is considered a labor-friendly state. Additionally, U.S. District Judge David Doty has heard many cases related to the NFL and has at times sided with the NFLPA, including when he overturned the suspension of …Read More