UPDATED: Deflategate Hearing to be Held in New York- See Lawsuit Here
Thursday, July 30, 2015
The lawsuit filed by the NFLPA will be transferred to New York.
"The Court appreciates no "compelling circumstances" undermining application of the first-filed rule to transfer this action from Minnesota to New York, where the first action was filed. Indeed, the Court sees little reason for this action to have commenced in Minnesota at all. Brady plays for a team in Massachusetts; the Union is headquartered in Washington, D.C.; the NFL is headquartered in New York; the arbitration proceedings took place in New York; and the award was issued in New York," the Minnesota Courts in a statement.
The NFLPA suit asks the federal court to make a decision by September 4 or grant an injunction. If an injunction is granted, Tom Brady would be able to play until the legal process is over.
READ THE LAWSUIT HERE
The lawsuit claims that Brady's suspension should be vacated on the following grounds:
- Suspending Brady for claimed "general awareness" of alleged misconduct by other people, an unknown disciplinary standard never previously applied to players in the history of the NFL;
- Suspending Brady despite the fact that the Player Policies provide only for specified/zes for any type of equipment violation
- Subjecting Brady to the Competitive Integrity Policy, which applies only to Clubs-not players
- Suspending Brady for alleged non-cooperation, when a fine is the only penalty that has ever been upheld in such circumstances.
By ignoring each one of these notice failures, the Award-as in Peterson-utterly disregards the CBA law of the shop and must be vacated for deffing the essence of the CBA.
The Lawsuit then Goes after Goodell, who named himself the arbitrator for Tom Brady's appeal.
The award is the product of a fundamentally unfair process, and was issued by an evidently partial arbitrator who put himself in the position of ruling on the legality of his own improper delegation of authority in violation of the CBA.
Insight Into the June 23 Appeal Hearing
The lawsuit reveals the following details about the Brady appeal hearing that was held on June 23 in New York City. The appeal hearing lasted for just over ten hours.
Prior to the hearing, Goodell had ruled that Brady and the Union could not question essential witnesses, denied them access to the investigative files underlying the Wells Report (which were nonetheless available to the NFL's counsel at the arbitration), and summarily rejected Brady's unlawful delegation argument without considering any evidence (other than 'ofacts" decreed by Goodell himself in his decision).
Timing of the Lawsuit
The suit came just one day after NFL Commissioner Roger Goodell upheld Tom Brady's 4 game suspension for his involvement in deflategate and on the eve of the Patriots beginning training camp.
Related Slideshow: 5 Things to Know About Tom Brady’s Appeal
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