Here’s why Tom Brady’s next Deflategate fight might be in … Minneapolis?
Tom Brady’s Deflategate battle could come to an end when NFL Commissioner Roger Goodell announces a decision on the appeal of his four-game suspension. Or, the months-long fight could just be entering an entirely new phase.
Should Brady be unhappy with Goodell’s ruling on the appeal, he could take his case to federal court. According to NFL Network reporter Albert Breer, Brady’s lawyers and the NFL Players Association plan to file any potential lawsuit in either in Massachusetts – the federal court closest to where the alleged misconduct took place – or Minnesota.
Where the NFLPA and Brady may continue their legal battle is – to an extent – up to them.
They can’t just file anywhere, explains Michael McCann, law professor and director of the Sports and Entertainment Law Institute at the University of New Hampshire School of Law.
“There has to be sufficient jurisdiction. You need a relationship between the parties and the forum,’’ McCann said. “With Massachusetts that’s obvious.’’
But wait – what’s the relationship between Tom Brady, the New England Patriots, and Minneapolis?
“Minnesota has had a relationship with the NFL for years as the court where players have brought claims,’’ McCann said.
And there’s a reason players continue to file in this particular court.
“Minnesota is the place where if you want a judge to poke his finger in the eye of the NFL, that’s the place to do it,’’ said Alan Milstein, who represented Maurice Clarett when he took on the NFL.
United States District Courthouse, Minneapolis
The Minneapolis federal court has such a long tradition of being sympathetic to NFL players that a 2011 New York Timesreport dubbed it “legal nirvana.’’
Since the 1970s, Minneapolis has served as the legal battle ground for lawsuits involving the NFL Players Association, according to the Times.
Time and time again, NFL players have found decisions made in Minneapolis to be in their favor.
A lot of those decisions have been made by an 86-year-old federal judge named David Doty.
Doty “is considered a messiah by some NFL players and a pariah by the league’s owners,’’ according to a 2011 Washington Postreport.
Earlier this year, Doty ruled in favor of Vikings running back Adrian Peterson, who looked to the court to overturn the arbitration decision that left him suspended.
“If the NFL Players Association files in Minneapolis, they would very much hope Judge Doty hears their case,’’ McCann said.
So if the NFL upholds Brady’s suspension, and if Brady decides to sue, and if he sues in Minneapolis, his case could be heard by Doty.
Doty is one of 20 judges who hear cases at the courthouse. So how does he end up assigned to so many matters involving the NFL?
“They are supposed to spin this mythological wheel, and whoever it lands on gets those cases. But there’s no real rule or regulation that requires the court to actually spin a proverbial wheel,’’ said Milstein. “The clerk assigns the cases to judges, but the chief judge makes the decision.’’
Even if Doty isn’t assigned, he’s not the only judge in Minneapolis who has sided with players over the league.
Amid the legal battles of the 2011 NFL lockout, Brady was among the named plaintiffs in a suit filed by players against the league —in Minneapolis. U.S. District Judge Susan Richard Nelson sided with the players and ordered an end to the lockout. The legal sparring between the sides continued after that ruling, but Brady does already have a win in the Minneapolis federal court.
As far as Milstein is concerned, Brady shouldn’t worry too much if someone other than Doty ends up deciding his fate.
“If they file in Minnesota, they’ll get a good result. If they file in Boston, I think they’ll get a good result. I can’t imagine a place where they’re not gonna get a good result. I think the decision is gonna get reversed.’’
Timeline of Deflategate Controversy
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