Baloney Sandwich said:
When was the last time the NFL won in court?
When was the last time a sports league punished a player for cheating, and that player went on to prevail in court?
The NFL is going to have a tough time if this goes to court which it sounds like would either be in MA or MN. Both pro labor states and some really strong arguments the NFLPA can use. From the article posted earlier:
• The NFL policy for handling equipment in the NFL is in the club manual and pertains to club personnel, not players. The NFLPA would argue that the NFL suspended Brady four games under a policy that doesn’t apply to him.
I don't claim to be an expert, but I suspect there are rules that are applicable to players that prohibit cheating and require cooperation with investigations.
• The Wells Report, the investigation on which the NFL based its suspension, alleged Brady was “at least generally aware” that footballs had been tampered. The NFLPA would argue that the “general awareness” standard has no legal merit – either Wells found direct evidence, or he didn’t.
Then they would be wrong. He didn't control the actions directly by telling his minions HOW to do it, but the text messages indicate that he did make known what result he wanted from them. That makes him complicit.
• The NFLPA would argue Brady – given the rules in the club manual did apply to him – received a punishment without precedence. Under the collective bargaining agreement, players have a right to know specific punishment for specific violations.
See point 1 above.
• The NFLPA plans to cite a specific example in oral arguments in an effort to prove Brady’s suspension was arbitrary. Last year, the league caught the Minnesota Vikings tampering with footballs by placing them in a dryer, a violation of the club manual. The team, the NFLPA source said, received a letter from the league and no further reprimand.
Perfect. Admit they violated the rules and open the door for the recidivist proof and let's pull in the Patriots past history. Give the NFL lawyers more of a reason to cross-examine on what Brady knew when he made it known that he wanted the rules broken and whether he just figured he'd get away with a slap on the wrist.