A Deal is a Deal: the NFLPA’s Motion to Reopen Past Litigation is Denied

On Tuesday September 8, 2015, a federal district judge denied a motion filed on behalf of the NFL Players’ Association, which attempted to reopen the long-running “Reggie White” case. Ending in 1993 with a settlement agreement, the Reggie White case was a class action antitrust lawsuit against the NFL. The settlement ultimately led to the league’s current unrestricted free agent system.

However, the CBA agreement arising from the White settlement was not renewed, and it expired in 2011. This subsequently led to a lockout of …

September 8, 2015 Antitrust / NFL

Another Plaintiff Joins the Trend: The NFL-DirecTV Antitrust Litigations

Over the course of Summer 2015, the NFL and DirecTV have been served with nine separate antitrust lawsuits, alleging that the defendants’ “NFL Sunday Ticket” agreement is in violation of the antitrust laws. All complaints have been filed on behalf of commercial entities, such as bars and restaurants, and the most recent complaint, filed by Jammers, Inc., owner of a bar in Los Angeles, proposes a class action lawsuit against the defendants.

While all major American professional sports leagues have out-of-market broadcasting agreements with …

September 3, 2015 NFL

Improper Notice and Arbitrary Discipline: Brady Says to Goodell, “Can’t Touch This”

On Thursday September 3, 2015 Judge Richard Berman, federal district court judge in the Southern District of New York and the adjudicator of the Tom Brady Deflategate scandal, issued a decision and order in the litigation between Brady and the National Football League. The lawsuit concerned the legality of the quarterback’s four-game suspension. Ultimately, Judge Berman reversed the NFL’s arbitration decision to suspend Brady; meaning, unless an emergency injunction is approved by the appellate court, Brady will be available to play in the Patriots’ Week …

September 2, 2015 NFL

Tom Brady & Deflategate: Goodbye Settlement, Hello Appeal?

On Monday August 31^st, 2015 Tom Brady and the NFL met for their final settlement conference with the district court judge in the Deflategate litigation. Following the 2014 NFL Season, the league suspended quarterback Tom Brady for four games in relation to his alleged involvement with the impermissible deflation of footballs. The two parties did not reach a settlement agreement on Monday, however, which may show that both sides believe they have put forth a compelling case.

Nevertheless, in the end, the failure …

August 27, 2015 NFL

NFLPA: Tom Brady Should’ve Been Fined, Not Suspended

In a letter to U.S. District Court Judge Richard M. Berman, NFL Players Association lawyer Jeffrey Kessler argued that Tom Brady should have been fined, not suspended, as required by the league’s collective bargaining agreement (CBA). Furthermore, Kessler claimed that even if the suspension was in compliance with the CBA, it is still inappropriate because Brady was not given a notice of his suspension in advance.

Kessler’s letter is a response to a filing by the NFL arguing that courts have the authority to …

August 27, 2015 NFL

St. Louis City Court Rules: No Public Vote Required for St. Louis Stadium Plan Funding

The future of the NFL in St. Louis is a story we’ve covered before. Now, as Stan Kroenke’s Los Angeles Stadium development begins to take flight, the proponents of the St. Louis Stadium plan received some positive news.

On August 3, 2015, St. Louis Circuit Court Judge Thomas Frawley ruled; City ordinance 66509, codified as Chapter 3.91 of the Revised Code of the City of St. Louis requiring a public vote to use public money for a stadium is too vague and thus. …

August 26, 2015 Litigation / NFL

Super Bowl Seating Battle Not Over Yet: Ticket Holders Appeal

Despite their win that awarded $75,000 in March, Super Bowl XLV ticket holders are appealing the trial court decision. In a court document filed on August 21 in the U.S. Court of Appeals for the Fifth Circuit, the ticket holders are asking the appeals court to overturn the district judge’s pretrial rulings.

The ticket-holder appellants claim that the district court judge erred in denying class certification to those who were completely deprived of their seats and others who were relocated to seats with obstructed views.…

August 6, 2015 NFL

Breaking Phones and Taking Names: Tom Brady States at Hearing That He Usually Destroys Old Devices

At a hearing on Tuesday in front of a New York federal court, New England Patriots quarterback Tom Brady alleged that he usually destroys his old cellphones in order to protect his personal and business data.

The suit was originally filed by the National Football League Management Council (NFL) against the National Football League Players Association (NFLPA), and ultimately boiled down to a claim that Brady had engaged in conduct “detrimental to the integrity of, or public confidence in, the game of professional football[.]” The …

July 30, 2015 Litigation / NFL

Home Field Advantage: Minnesota Judge Sends Brady’s Suit to New York Court

On Thursday, July 30, a Minnesota federal judge ordered the NFL Players Association’s lawsuit on behalf of Tom Brady back to New York. The NFLPA brought this suit against the NFL in an attempt to vacate the four-game suspension that was upheld upon appeal on Tuesday.

Immediately after NFL Commissioner Roger Goodell upheld the suspension, the league asked a federal judge in Manhattan to affirm the decision. Because the NFL took advantage of this “first-to-file” rule, the Minnesota judge ordered the transfer back to …

July 28, 2015 NFL

Running Out of Air: NFL Commissioner Upholds Brady Four-Game Suspension

On Tuesday, July 28, NFL Commissioner Roger Goodell upheld the four-game suspension imposed on New England Patriots’ quarterback Tom Brady on May 11. The NFL announced that Goodell’s decision to uphold the suspension was based on the Wells Report and evidence that came to light during the ten-hour appeal hearing last month.

Specifically, Goodell noted that Brady’s destruction of his cell phone was a factor in upholding the suspension. He explained how Brady had exchanged nearly 10,000 text messages during the four months that the …