Brady lawsuit transferred from Minnesota to New York court

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NEW YORK (AP) — Tom Brady's lawsuit against the NFL in which he wants his four-game suspension overturned will be heard in New York instead of Minnesota.

Brady and the players' union filed their suit Wednesday in Minnesota. But the NFL already had filed papers Tuesday in New York, moments after announcing that Commissioner Roger Goodell upheld the suspension for Brady's involvement in the use of underinflated footballs in the AFC championship game.

U.S. District Court Judge Richard Kyle, based in Minnesota, ordered the transfer.

The judge wrote that he "sees little reason for this action to have been commenced in Minnesota at all." He noted that Brady plays in Massachusetts, the union is headquartered in Washington and the NFL in New York, Kyle added that "the arbitration proceedings took place in New York and the award was issued in New York."

Jeffrey Kessler, the lead attorney for Brady and the union, wasn't concerned about this game of musical witness chairs.

"The court decided the case should be heard in New York because the NFL filed first there," he told The Associated Press in an email Thursday. "We are happy in any federal court, which unlike the arbitration before Goodell provides a neutral forum, and will now seek our injunction in the New York court."

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Brady lawsuit transferred from Minnesota to New York court
New England Patriot's quarterback Tom Brady arrives for his appeal hearing at NFL headquarters in New York, Tuesday, June 23, 2015. Brady and representatives from the players' union are meeting with Commissioner Roger Goodell as the New England quarterback appeals his four-game suspension. (AP Photo/Mark Lennihan)
Yan Lin holds a sign supporting New England Patriot's quarterback Tom Brady in front of NFL headquarters in New York, Tuesday, June 23, 2015. Brady and representatives from the players' union are meeting with Commissioner Roger Goodell at NFL headquarters as the New England quarterback appeals his four-game suspension. (AP Photo/Seth Wenig)
Attorney Jeff Kessler, left, representing New England Patriot's quarterback Tom Brady, arrives to NFL headquarters in New York, Tuesday, June 23, 2015. Brady and representatives from the players' union are meeting with Commissioner Roger Goodell as the New England quarterback appeals his four-game suspension. (AP Photo/Seth Wenig)
A Tom Brady fan, center, wearing a "Free Tom Brady" T-shirt, takes a selfie outside NFL headquarters, Tuesday, June 23, 2015, in New York. Brady and representatives from the players' union are meeting with Commissioner Roger Goodell to appeal his four-game suspension. (AP Photo/Mary Altaffer)
Attorney Jeff Kessler representing New England Patriot's quarterback Tom Brady, leaves the NFL headquarters Tuesday, June 23, 2015, in New York. (AP Photo/Frank Franklin II)
New England Patriots quarterback Tom Brady, center, accompanied by NFL Players Association attorney Heather McPhee, arrives for his appeal hearing at NFL headquarters in New York, Tuesday, June 23, 2015. Brady and representatives from the players' union are meeting with Commissioner Roger Goodell to appeal his four-game suspension. (AP Photo/Mark Lennihan)
A fan holds a Free Tom Brady sign before the start of a baseball game between the Atlanta Braves and the Boston Red Sox Thursday, June 18, 2015, in Atlanta. (AP Photo/Jon Barash)
ALLSTON, MA - MAY 29: Guests attend the Tom Brady Football Challenge for The Best Buddies Challenge: Hyannis Port 2015 at Harvard Field on May 29, 2015 in Allston, Massachusetts. (Photo by Paul Marotta/Getty Images for Best Buddies)
FOXBORO, MA - MAY 24: New England Patriots fans hold a sign at the 'Free Tom Brady' rally in support of their quarterback at Gillette Stadium on May 24, 2015 in Foxboro, Massachusetts. The rally was held in protest of Brady's four game suspension for his role in the 'deflategate' scandal. (Photo by Maddie Meyer/Getty Images)
FOXBORO, MA - MAY 24: Ryan Desilets and Jon Harmon both from Milford, Massachusetts, show support for New England Patriots quarterback Tom Brady at the 'Free Tom Brady' rally at Gillette Stadium on May 24, 2015 in Foxboro, Massachusetts. The rally was held in protest of Brady's four game suspension for his role in the 'deflategate' scandal. (Photo by Maddie Meyer/Getty Images)
FOXBORO, MA - MAY 24: Lydia Bolger of Mansfield, Massachusetts holds a sign in support of New England Patriots quarterback Tom Brady at the 'Free Tom Brady' rally at Gillette Stadium on May 24, 2015 in Foxboro, Massachusetts. The rally was held in protest of Brady's four game suspension for his role in the 'deflategate' scandal. (Photo by Maddie Meyer/Getty Images)
BOSTON, MA - MAY 24: A New England Patriots fan holds a 'Free Brady' sign during the eighth inning of the game between the Boston Red Sox and the Los Angeles Angels of Anaheim at Fenway Park on May 24, 2015 in Boston, Massachusetts. Many Patriots fans disagree with quarterback Tom Brady's four game suspension as a consequence of his involvement in the 'deflategate' scandal (Photo by Maddie Meyer/Getty Images)
FOXBORO, MA - MAY 24: Local Papa John's franchises supplied free pizza at the 'Free Tom Brady' rally in support for the New England Patriots quarterback at Gillette Stadium on May 24, 2015 in Foxboro, Massachusetts. The rally was held in protest of Brady's four game suspension for his role in the 'deflategate' scandal. (Photo by Maddie Meyer/Getty Images)
FOXBORO, MA - MAY 24: A New Englad Patriots fan shows his support for quarterback Tom Brady during the 'Free Tom Brady' rally at Gillette Stadium on May 24, 2015 in Foxboro, Massachusetts. The rally was held in protest of Brady's four game suspension for his role in the 'deflategate' scandal. (Photo by Maddie Meyer/Getty Images)
PHOENIX, AZ - MAY 13: A fan hold ups a New England Patriots 'Free Tom Brady' sign during the MLB game between the Arizona Diamondbacks and the Washington Nationals at Chase Field on May 13, 2015 in Phoenix, Arizona. (Photo by Christian Petersen/Getty Images)
FOXBORO, MA - MAY 24: A New England Patriots fan shows support for quarterback Tom Brady at the 'Free Tom Brady' rally at Gillette Stadium on May 24, 2015 in Foxboro, Massachusetts. The rally was held in protest of Brady's four game suspension for his role in the 'deflategate' scandal. (Photo by Maddie Meyer/Getty Images)
FOXBORO, MA - MAY 24: Bianca Bullock of Tampa, Florida holds a sign in support for New England Patriots quarterback Tom Brady at the 'Free Tom Brady' rally at Gillette Stadium on May 24, 2015 in Foxboro, Massachusetts. The rally was held in protest of Brady's four game suspension for his role in the 'deflategate' scandal. (Photo by Maddie Meyer/Getty Images)
FOXBORO, MA - MAY 24: Paul Goodrow of Watertown, Massachusetts holds a sign in support of New England Patriots quarterback Tom Brady at the 'Free Tom Brady' rally at Gillette Stadium on May 24, 2015 in Foxboro, Massachusetts. The rally was held in protest of Brady's four game suspension for his role in the 'deflategate' scandal. (Photo by Maddie Meyer/Getty Images)
FOXBORO, MA - MAY 24: Ryan Desilets and Jon Harmon both from Milford, Massachusetts, show support for New England Patriots quarterback Tom Brady at the 'Free Tom Brady' rally at Gillette Stadium on May 24, 2015 in Foxboro, Massachusetts. The rally was held in protest of Brady's four game suspension for his role in the 'deflategate' scandal. (Photo by Maddie Meyer/Getty Images)
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In a footnote, Kyle said the court "strongly suspects the union filed in Minnesota because it has obtained favorable rulings from this court in the past on behalf of its members."

Kessler had said the lawsuit should be heard in Minnesota because it was related to a case involving Adrian Peterson's suspension last season. Kyle countered that the union made "only a fleeting attempt" to link the Brady case to Peterson's.

Kyle reasoned that the union's argument would mean, for example, any court that had heard a racial discrimination case against a large corporation would then hear every other racial discrimination case against that company.

"Venue simply cannot be predicated on such a thin reed," he said.

The union asked the court to throw out the suspension before Sept. 4. That would keep Brady from missing any practices before the Patriots' Sept. 10 season opener against the Pittsburgh Steelers. Brady is allowed to participate in all training camp and preseason activities.

The lawsuit argues that the NFL made up its rules as it went along and misapplied the ones that were already on the books. Kessler called it "offensive" that the league accused Brady of destroying his cellphone to obstruct the inquiry by investigator Ted Wells, a claim Goodell made in upholding the suspension Tuesday.

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