[Tombstone RJ]

Originally Posted by Amnorix

I won't be surprised with either result. I think Berman HATES what/how the NFL has done what it has done, but the law is pretty strong for the NFL. But Berman is pretty pro-labor, and if he isn't going to throw out this arbitration ruling, then there practically is no arbitration ruling that CAN be thrown out.

I suspects he overturns the NFL, vacating the suspension, and relies primarily on fundamental fairness (refusal to allow Pash to testify). If he really wants to go hog-wild, he could go on and on about Goodell's obviously lack of neutrality, which he can argue (though I doubt case law supports) means he is entitled to less deference than an arbitrator might get in other situations.

You can trust that the opinion is largely written already, and that whoever loses will definitely appeal. If Brady wins, the NFL appeal has a reasonable chance of succeeding at the Second Circuit. If the NFL wins, Brady's appeal is VERY UNLIKELY to succeed at the Second Circuit.

Note that I wouldn't bet a nickel on which way Berman will go. I suspect he WANTS to rule for Brady, but he might not find a way to comfortably do so, given how slanted the law is in the NFL's favor.

If Berman does this, Goodell can appeal. If Goodell appeals it will take months to resolve. The question is, can Brady still play or are the suspensions upheld?