If reports are true, then Tom Brady might find himself on the losing end of a legal case: The supposed divorce proceedings with his wife, supermodel Giselle Bunchen.
Certainly I don’t see Brady losing in his legal case against the NFL, and I have said that from the jump, even when some of the sports legal experts —uh, Lester Munson, are you listening? — were kowtowing to the NFL and the mastery of the league’s “commissioner powers.”
I am a lawyer – currently non-practicing due to some other current profession that takes up most of my time – who teaches a class in Sports Law to college undergraduates. We spend a lot of time in this class on the subject of professional sports leagues, their collective bargaining agreements, and how they interact with the federal anti-trust laws of this country.
Think of it this way: Most EVERYTHING you see in professional sports – drafts, trades, dress codes, salary caps – on its face and without a collective bargaining agreement – would be violations of anti-trust. Anti-trust laws exist to prevent price fixing and economic monopolies. The theory behind a collective bargaining agreement is that both sides – management and employee – have had a fair chance to agree to certain provisions with arms-length bargaining at the same bargaining table. Fair, right?
Yes it is. Except when some provisions of a collective bargaining agreement go way over the line and they are thus challenged legally. Which brings us to the case of Tom Brady. Read more »