Brady Lawsuit Moved From Minnesota To NYC
Minnesota judge Richard Kyle has ordered the NFLPA’s appeal on behalf of Tom Brady to be transferred to Manhattan, where the NFL first filed its own lawsuit, tweets Daniel Kaplan of SportsBusiness Journal. The decision tips the scales in the league’s favor, since Minnesota courts are typically viewed as more labor-friendly and have ruled in favor of the NFLPA in the past.
As Mike Garafolo of FOX Sports tweets, Judge Kyle found there was no reason for the case to have been filed in Minnesota, since the NFL is headquartered in New York, the arbitration proceedings took place in New York, and the award was issued in New York. Since the league also knew better than the NFLPA when Roger Goodell’s decision would be announced, it was able to gets its lawsuit in ahead of the union’s, and Kyle cited the “first-filed” rule when making his decision.
While the ruling is considered a positive sign for the league, it’s not necessarily all bad for the union. As Mike Florio of Pro Football Talk notes, Judge Kyle was appointed by President George H.W. Bush, a Republican, while New York judge Richard M. Berman was appointed by President Bill Clinton, a Democrat. Democratic judges are generally believed to be more philosophically aligned with labor and individuals, rather than management, so Judge Berman figures to give Brady and the NFLPA a fair shake.
The NFLPA plans to refile its lawsuit against the league on behalf of Brady in Manhattan today, according to Albert Breer of the NFL Network (via Twitter).
NFL Open To Settlement For Tom Brady
A report last week indicated that the NFL Players Association made a settlement offer to the NFL regarding Tom Brady‘s suspension, and the league met that offer with “silence.” However, over the past several days, the NFL has been more open to the idea of a possible settlement for Brady, according to Mike Garafolo of FOX Sports, who reports that the league and the union have had an “open line of communication.”
Veteran Patriots players will report to training camp on Thursday, so the clock is ticking for resolution on Brady’s appeal. A source tells Garafolo that the Super Bowl MVP is frustrated with the lack of a decision from Goodell, nearly five weeks after the appeal hearing took place.
While a ruling from Goodell could come soon, a settlement would likely be the preferred outcome for both sides, since it would avoid prolonging the saga into the regular season with a court battle. However, it still appears unlikely that the two sides will reach a resolution that satisfies all parties — Brady figures to fight any penalty that includes him missing games, while the commissioner is reportedly receiving pressure from some owners to uphold the four-game suspension.
East Notes: Brady, Philbin, Eagles, Beason
Tom Brady and the NFL Players Assocation are entitled to an independent decision on Brady’s appeal, so recent reports suggesting NFL team owners are trying to influence Roger Goodell’s ruling make it even more likely that the NFLPA will eventually take the league to court, writes Mike Florio of Pro Football Talk.
As Florio obseves, if a truly independent arbitrator were handling Brady’s appeal, it would be highly irregular for a team owner to lobby that arbitrator one way or the other. The fact that owners are apparently lobbying Goodell as he contemplates his decision could become a central issue in the looming litigation.
Here’s more from around the NFL’s two East divisions:
- Dolphins head coach Joe Philbin wants to win this year, but it’s “more for everybody else’s sake” than for his own job security, he tells Armando Salguero of the Miami Herald. “For everybody, I’d like us to reap the rewards of our labor. It’s time for all of us,” Philbin said. “But I haven’t really thought about playoff or bust for me.”
- It’s easy to realize that you have to fix a 4-12 team, but Chip Kelly‘s decision to revamp a 10-6 Eagles squad this offseason wasn’t quite so simple, as Reuben Frank of CSNPhilly.com writes.
- Giants linebacker Jon Beason, who spent most of the 2014 season on injured reserve, talks to Steve Serby of the New York Post about his recovery from last year’s toe and foot injuries, Jason Pierre-Paul‘s status, and the impact that free agent signee Shane Vereen will have for the Giants, among other topics.
Latest On Tom Brady’s Appeal
A month ago today, NFL commissioner Roger Goodell served as the arbitrator for Tom Brady‘s appeal hearing, at which point the Patriots quarterback and the NFLPA made a case for why Brady’s four-game suspension should be rescinded. With no official timeline in place for a decision, it’s no surprise that Goodell has yet to make an announcement — it took arbitrator Harold Henderson more than six weeks to announce a ruling on Greg Hardy‘s appeal.
While we wait to see if Brady’s penalty is upheld, reduced, or wiped away entirely, let’s round up the latest updates on the case….
- Settlement discussions for Brady have occurred between the NFL and the Players Association, a source tells Mike Florio of Pro Football Talk. However, no progress has been made between the two sides, and it would be unexpected if they found common ground and worked something out.
- According to that same source, Goodell is being pushed by “a small handful of influential owners” to uphold Brady’s four-game suspension, writes Florio.
- However, there’s some concern that, if Goodell were to stand firm on Brady’s ban, the penalty would eventually be overturned by a federal court. According to Florio, attorney Gregg Levy, who participated in the appeal as a legal consultant to Goodell, has been warning the commissioner that it will be hard to make a suspension stick in court.
- A source tells Dan Graziano of ESPN.com that the NFLPA made a settlement offer to the league last week, but that proposal was met with “silence” by the NFL. According to Graziano, it is believed that Brady will continue to fight any suspension, even a reduced penalty, but would consider accepting a fine.
- Yesterday, NFLA president Eric Winston indicated that the union is prepared to take the next step on behalf of Brady if he’s not exonerated.
East Notes: Brady, Cooley, Washington
As of Thursday, a month will have passed since Tom Brady‘s appeal hearing, and with no timeline in place for a ruling from Roger Goodell, it’s not clear if that announcement will come this week, next week, or sometime after that. According to NFLPA president Eric Winston, it’s “not even worth trying to guess” when Goodell will make his decision. However, Winston hopes Brady is exonerated, adding that if he’s not, the union is prepared to take the next step (Twitter links via Rob Guerrera of NBC Sports Radio).
Ultimately, the decision on whether or not to continue fighting the NFL if Brady’s suspension isn’t wiped away will be up to the Patriots quarterback himself, but Winston’s comments confirm that the NFLPA is ready to take the league to court on Brady’s behalf, if necessary.
Here’s more from the NFL’s two East divisions:
- Chris Cooley spent his first nine NFL seasons in Washington, but the team hasn’t had any discussions about bringing back the tight end, tweets Mike Jones of the Washington Post. The Cardinals are said to be kicking the tires on Cooley, who is contemplating a comeback.
- Tarik El-Bashir and Rich Tandler of CSNWashington.com debate whether Brandon Scherff was the right pick for Washington at No. 5 overall in this year’s draft. El-Bashir writes that Scherff fits all of Scot McCloughan’s prerequisites and even though the lineman could have been plucked later in the draft, he doesn’t really find fault with Washington jumping at the chance to get him at No. 5. On the other hand, Tandler isn’t wild about Scherff’s value that high in the draft.
- After Mike Sando of ESPN.com grouped the NFL’s starting quarterbacks into tiers based on talent, Jason Fitzgerald of Over The Cap examines how each QB’s salary matches up to his placement on Sando’s list. Unsurprisingly, Brady is the major outlier, with Sando placing the Patriots quarterback near the top of his list, despite the fact that he has a fourth-tier salary.
- Appearing on SiriusXM NFL Radio (audio link), agent Tom Condon discussed one client who just signed an extension (Cowboys receiver Dez Bryant) and another client who looks like a good bet to sign a new deal in the near future (Giants quarterback Eli Manning).
North Rumors: Packers, Pitta, Browns
Packers president Mark Murphy wasn’t thrilled to see his a handful of his players at the center of off-field incidents this offseason, with Datone Jones having been suspended for violating the league’s substance abuse policy, while Letroy Guion and Andrew Quarless were each arrested and could be suspended as well. However, the team still doesn’t have any plans to release any of those players to send a message, as Murphy tells Bob McGinn of the Milwaukee Journal Sentinel.
“While we’re disappointed in all the situations, we have to let the process play out and see exactly what happens in each situation,” Murphy said.
As we wait to see how Quarless’ legal situation plays out, and whether or not Guion receives discipline from the NFL, here are a few more items from around the league’s two North divisions:
- Although Dennis Pitta has made “significant progress” in his recovery from a fractured and dislocated right hip, his NFL future is still up in the air. According to Aaron Wilson of the Baltimore Sun, the Ravens tight end will likely begin the 2015 regular season on the physically unable to perform list, which would sideline him for at least the first six weeks. Pitta, who will earn a guaranteed $4MM base salary this year whether or not he plays, has yet to be medically cleared to practice.
- In his latest piece for ESPNCleveland.com, Tony Grossi highlights the departure of former Browns director of player engagement Jamil Northcutt, suggesting that the so-called mutual parting reflects a “seeping rift” between head coach Mike Pettine and GM Ray Farmer. Sources have told Grossi that Northcutt was a recipient of Farmer’s illegal in-game texts that earned the GM a four-game suspension, though another source says that’s not accurate.
- The Vikings don’t have interest in free agent guard Evan Mathis, according to Darren Wolfson of 5 Eyewitness News, who tweets that the team wants to see what it has in its young players. Minnesota could consider revisiting Mathis later if the club’s guard play is an issue.
- U.S. Magistrate Judge Janie Mayeron has ordered the NFL and the Players Association into settlement negotiations in their battle over Vikings running back Adrian Peterson‘s suspension, writes Dave Campbell of The Associated Press. The legal fight stems from the NFLPA claiming that the league “deliberately ignored” Judge David Doty’s ruling when Doty sided with the union in rejecting arbitrator Harold Henderson’s decision to uphold Peterson’s suspension.
NFLPA Likely To Drop Collusion Claims Against Cowboys, Broncos
The NFLPA is not expected to pursue collusion claims now that Dez Bryant and Demaryius Thomas got their deals done, a union source told Liz Mullen of SportsBusiness Journal (on Twitter). Both players agreed to lucrative deals earlier today that, interestingly, were roughly equal.
Evidence of possible collusion between the Cowboys and Broncos reportedly stemmed from a conversation that took place between Bryant and Cowboys COO Stephen Jones. Jones explained to Bryant that the Calvin Johnson contract, which is the most lucrative deal for a wide receiver in the NFL, had no relevance to other receivers because of the unique circumstances surrounding those negotiations. Then, according to Bryant’s account (per the source), Jones told the receiver that he talked to Broncos GM John Elway about the situation. Because the Broncos also had franchise-tagged receiver in Thomas, the admission that Jones and Elway communicated about the situation constitutes evidence of collusion.
The NFLPA letter containing the collusion claims against the Broncos and Cowboys went out to clubs on Tuesday, but it sounds like all is forgiven now that the two star receivers have gotten hefty paydays.
NFLPA Looking Into Cowboys, Broncos
7:15pm: Suspicions in the matter stew from both the Cowboys and the Broncos refusing to use Calvin Johnson‘s contract with the Lions as a comparable during negotiations with Bryant and Thomas, respectively, a source tells Mike Florio of Pro Football Talk. That seems a little odd, as the total value of Johnson’s contract is nearly twice that of Mike Wallace, the second-highest paid receiver, and as Jason Fitzgerald of Over the Cap tweets, Megatron’s deal has always been viewed as an outlier. Nevertheless, Florio reports that the NFLPA believe it has reliable information that the two clubs involved “have been communicating to set, control, or manipulate the [receiver] market.”
Meanwhile, the Broncos say they have not been contacted by the NFLPA regarding this issue, according to Troy Renck of the Denver Post.
5:48pm: Asked about the NFLPA’s investigation, a Cowboys source tells Charean Williams of the Fort Worth Telegram (Twitter link) there’s “nothing to it.” That’s what you’d expect to hear from a team source, though I wouldn’t be surprised if that turns out to indeed be the case.
3:59pm: With five days left for franchised players to negotiate multiyear contract agreements with their current teams, only two of the four unsigned franchise-tag recipients play the same position: Demaryius Thomas and Dez Bryant. According to Adam Schefter of ESPN.com, the NFL Players Association is reviewing information to determine whether the Broncos and Cowboys have colluded in regard to contract talks for their two star receivers.
Per Schefter, the NFLPA believes the Broncos and Cowboys were in contact about Thomas’ and Bryant’s contract situations, despite the fact that the the league’s collective bargaining agreement prohibits such contact. The NFLPA is investigating the situation to determine whether or not collusion did in fact occur, and when to potentially file a claim.
July 15 is the deadline for franchised players to sign long-term extensions with their teams — if no agreement is reached by that date, a player who received the franchise tag will have to play on a one-year deal in 2015, if he intends to play at all. Given the relatively similar statistical production posted by Bryant and Thomas – as well as Bengals wideout A.J. Green and Falcons receiver Julio Jones, who are playing on fifth-year options this year – there’s been a sense that everyone is waiting for one team to extend its star receiver to establish the market.
Of course, if one team were to lock up its receiver to a lucrative new extension that exceeds his expected worth, it could adversely affect negotiations for other teams locking to lock up their own wideouts, driving up the price. As such, it makes sense that the Cowboys and Broncos might want to discuss the situation with one another, though Schefter’s report doesn’t suggest there’s any hard evidence that happened.
Extra Points: Panthers, Steelers, NFLPA
Some assorted notes from around the NFL as we wrap up this Wednesday evening…
- Panthers defensive end Frank Alexander missed the majority of last season after being suspended 14 games for twice violating the NFL’s substance abuse policy. Considering Greg Hardy‘s absence from the team, head coach Ron Rivera said Alexander could have had a big season. “Last year would’ve been a big year for Frank, especially with the situation and circumstances that we had. He could’ve emerged,” Rivera told Joseph Person of the Charlotte Observer. “So now he’s kind of back at square one as far as that’s concerned. He’s going to have to compete like everybody else.”
- The Steelers have the most Super Bowls in NFL history with six, and now they want to bring the game to the city of Pittsburgh. The organization submitted their application to host the Super Bowl in 2023, following the stadium expansion that will bring capacity up to 67,000, according to the Associated Press. “The application is an early step in the bidding process, and we will continue to meet with representatives of the Mayor’s Office, County Executive’s Office, VisitPittsburgh, Allegheny Conference as well as other community leaders to review the requirements with the hopes of submitting our bid to host Super Bowl LVII in 2023,” team president Art Rooney II said in a statement.
- ProFootballTalk.com’s Mike Florio reports that former NFL receiver Richard Goodman is suing the NFL Players Association, accusing them of “negligence, gross negligence, and breach of fiduciary duty in connection with the regulation of agent Richard Burnoski.” Goodman says his former agent, Burnoski, essentially stole $25K, and the receiver blames the NFLPA for recommending the agent in the first place.
- Former running back Jamal Anderson estimates that 60-percent of NFL players smoke marijuana. Bleacher Report’s Mike Freeman believes the NFL and the union have a “wink-wink type deal” that would prevent tougher marijuana testing. The current CBA calls for players to be tested once a year during training camp, as long as they haven’t previously tested positive. “If you tested the players during the season every week,” one assistant coach told Florio, “we wouldn’t be able to field a league. We’d have to merge with the CFL.”
- While MLB fans celebrate Bobby Bonilla’s annual payday from the Mets, ESPN.com’s Adam Schefter reveals a funky contract from the NFL (via Twitter): every January, the Falcons have to pay 1985 number-two pick Bill Fralic $150K.
Rob DiRe contributed to this post.
Tom Brady Updates: Wednesday
The appeal hearing for Tom Brady‘s four-game suspension lasted over 10 hours yesterday, but things eventually wrapped up, and another session won’t be necessary. While the hearing came to an end on Tuesday, we probably shouldn’t expect a ruling until July, as arbitrators typically take at least a couple weeks to announce their decisions on appeals.
Still, we have plenty of reactions and updates on Brady’s appeal to pass along, so let’s dive in and round up the latest….
- The post-hearing briefs in the Brady appeal are due late next week, sources tell Mike Garafolo of FOX Sports (Twitter link). That will give Goodell even more information to consider, so his ruling won’t come until some time after that.
- As expected, the reviews on Brady’s Tuesday performance from NFL sources weren’t quite as glowing as the one’s from Brady’s side, writes Mike Florio of Pro Football Talk. Florio cites a league source who says that the Super Bowl MVP simply reiterated that he wasn’t involved and didn’t have knowledge of any tampering with the footballs. When pressed on certain issues, Brady’s answers were “regarded by some in the room as not entirely credible,” says Florio.
- Within the same PFT piece, Florio suggests that it’s unlikely Brady will be completely exonerated, and notes that the NFLPA’s defense for Brady hinged in large part on attacking the science in the Wells report.
Earlier updates:
- Sources tell Adam Schefter of ESPN.com that Brady came off as “very genuine, earnest, and persuasive” during his testimony on Tuesday. According to Schefter, the Patriots quarterback every issue raised in the Ted Wells report, with one source calling it “an A+ performance.” I have to imagine Schefter’s sources are on the NFLPA’s camp rather than from the NFL side.
- Within Schefter’s piece, NFLPA rep Jeffrey Kessler indicated that Brady and the union put forth a “very compelling case,” adding that no timetable for a decision was provided.
- The transcript of Tuesday’s hearing won’t be released, though that could change if Brady and the NFLPA file a lawsuit against the NFL challenging the outcome of the appeal, writes Mike Florio of Pro Football Talk.
- Florio has two more pieces up on the DeflateGate saga, pointing out that the NFL only seems to come out to contradict erroneous reports when it benefits the league to do so, and suggesting that the NFL ought to study the inflation level of its footballs during the coming season to accumulate more scientific data on the subject.
- Given all the gray area and lack of hard evidence in the case, Jarrett Bell of USA Today believes DeflateGate will end up being no more than a footnote to Brady’s legacy.