Brady & the NFLPA risk it all by requesting an injunction.

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NOTE: Today on NNR Samantha Bunten of NBC Sports and I discussed the news of the day, discussed the NFLPA’s chances of winning in court and broke down the Browns offense in detail. We discussed which players will make the roster and which will be cut.

Tom Brady and the NFLPA are risking a lot by requesting the court to issue a preliminary injunction. First, the burden of proof falls totally on those requesting the injunction. They have to prove that Brady will be irreparable harm unless the injunction is issued. In addition they have to prove that they will likely win the case.

The problem is that even if they get the injunction they lose control over the schedule of the process. For example, if they get the injunction, it could take the court 3 to 4 months to hear the case. If the court upholds the suspension, Brady could miss 4 games late in the season or in the playoffs. The NFL and NFLPA have jointly requested that the judge make a decision before the start of the regular season.

I do not believe that the court will grant the preliminary injunction. If the court follows previous decisions, they will not take the case. The biggest issue still remains the fact that the NFLPA gave the office of the Commissioner the power to issue suspensions and hear the appeals. Federal courts have generally allowed decisions to stand when the proper procedures were followed if the process was defined in a collectively bargained agreement.

If nothing else, it will be fun to watch.

That is what I think. Tell us what you think by commenting here or tweeting me @NNRonDSN.

NOTE: News, Notes and Rumors podcast are BACK. Check out our thoughts on Fridays about the games coming up and Monday on the results of the weekend. My co-host is Samantha Bunten of NBC Sports. Podcasts can be heard on Thanks for your support.

Bill Smith is a former coach of several semi-pro teams, has officiated both football and basketball, done color on radio for college football and basketball and has scouted talent. He edits He has also published several novels on and a non-fiction work at Follow him on twitter @NNRonDSN to get the schedule of Special News, Notes and Rumors broadcasts. You can hear the previous shows on

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