UPDATE: according to nfl.com this actually dealt with a 600 dollar bill for airline tickets that Gino was given to travel to a celebrity softball game. A close friend of Smith died in a motorcycle accident the weekend he was to travel and was not able to make it to the game at IK's junior camp.
IK supposedly was told by Gino at the start of training camp that he was going to give him back the $600 but hadn't done so by the point of the incident'
My God you really do know nothing about law.
The NFLPA is going to attempt to try to file tomorrow in Minnesota US federal court. Part of their appeal is going to be an attempt for removal of jurisdiction.
Their attempt is based on the fact the NFL offices are located in New York and Tom Brady lives in Massachusetts and does not have the benefit of being a resident of the same state as the NFL.
Even the US Supreme Court dealt with this issue based on a bank that was being sued at an office in one state while the main offices were located in another.
The US Supreme court could not make judgement of this because they both exist under the same joint ownership in both states. just as the NFL is incorporated in both New York and Massachusetts.
it's going to be very interesting if Minnesota even agrees to take this to the court because of it.
As for the "notice of judgement" - you've never been involved in a court case that has led to a judgement?
Oh, by the way the NFL's notice of judgement is an action to certify their third party judgment.
And yet you say you hire lawyers?
Do you know how to use Google?!!
Have you ever used a search engine?
I'm starting to believe you are not smarter than a 5th grader...
Correct and that's why the NFL needed to confirm their decision in New York Federal District Court. It will take it out of the the US District court - state of Minnesota.
A federal court that has already allowed Adrian Peterson to return while the case lies in state awaiting judgement.
it all comes down to location of disciplinary action. once you file a registry of notice to the New York federal Court, any appeal can only be filed from that location.
This injunctions the Federal District Court in Minnesota from any type of filing. They would no longer have jurisdiction should Brady and the NFLPA file an appeal, Any advantages of having Judge Dody (US District Court - Minnesota) on their side is moot.
This has nothing to do with the declaratory judgments - this is just protection of where an appeal can be filed...
Actually FABA it's far worse. the wells report indicated that Brady was only asked to give up a small handful of text messages not cell phone. by destroying the phone pretty much told the world yes I cheated but you'll never know because I'm hiding evidence forever.
And the NFLPA will file a grievance to overturn this decision. and should they win the NFL will then take it to Appelet court to overturn the decision of the appeal - simply put kids instead of him being banned for the first four games of the season it will be the last four games.
The only difference being that because it is based on the merit of the appeal (how the process took place) Brady's records cannot be subpoenaed.
Actually he might not. and in this week's si article, it was revealed that the NFL could file an appeal against that decision.should they win that during the actual NFL season, he could be suspended for the last four games of the season.
very much like what's happening right now with Adrian Peterson situation so Peterson can practice and play in the regular season, he can only do so until the new appeal has been processed and reviewed. should his appeal be overturned, he would have to abide by the NFL's original decision.
reading might win the battle but more than likely will lose the war.