Main Menu
Posts tagged Jeffrey Kessler.

Deflategate has taken its well-deserved place in the annals of all-time sports infamy.  The recent allegations against Tom Brady have not only polarized NFL fans and players alike, but have given legal professionals reason for pause as to the manner in which the investigation was conducted and the burden of proof that was applied.  The mantra repeatedly used in the report filed by league investigator Ted Wells was “more probable than not.”  This burden of proof standard is akin to “by a preponderance of the evidence,” the burden of proof used in civil trials where a plaintiff only needs to convince a jury that his legal argument is more plausible than the defendant’s version, even if the percentage in his favor is only 51%.  Conversely, in criminal trials, the burden of proof that is applied is much more onerous given the higher stakes involved.  A prosecutor is required to prove his case “beyond a reasonable doubt” to merit conviction of the alleged offender.  One could reasonably argue that Ted Wells should’ve applied a raised burden of proof, equivalent to “beyond a reasonable doubt,” to implicate Tom Brady in this scandal, given the severity of the allegations and the erosive impact on the Rushmoreian legacy of arguably the greatest quarterback of his generation, if not in the history of the NFL.

Search This Blog

Subscribe

RSS RSS Feed

About Us
The Sports, Arts & Entertainment group at Foster Garvey provides full service legal representation on sports, entertainment and business matters, including handling transactions related to brand management, licensing, joint ventures, venture capital, private equity, technology, the Internet and new media.
Read More

Recent Posts

Topics

Select Category:

Archives

Select Month:

Contributors

Back to Page

We use cookies to improve your experience on our website. By continuing to use our website, you agree to the use of cookies. To learn more about how we use cookies, please see our Cookie Policy.