Brady v. NFL: No Settlement; Judge Berman to Decide

[Tombstone RJ]

Originally Posted by Amnorix

If Berman vacates the suspension, then it is gone. The NFL can then either appeal the ruling to the 2nd Circuit (which it is 99% likely to do), or follow some other course, such as no appeal, and move on (0.00000000000000001% chance of this) or try to fix the procedural mistakes and "do it again" in some fashion.

It would be pretty bright of them, I think, to turn to a neutral arbitrator (Tagliabue?) and have him handle it. Unlikely, however, given that the NFL is constantly engaged in proving they have the biggest dick, err, hammer, in town.

In this scenario, Brady will still be able to play until Berman's ruling is overturned or superceded in some fashion.

Worst case for Brady/Pats, is that the suspension is vacated, but then ends up only being delayed, and then gets imposed in December or in the playoffs or something. Nightmare result there.

Are you sure about this? I thought Goodell can simply uphold the suspension regardless how the court rules which is another reason that this dumbass judge should have never taken the case.

[Amnorix]

Originally Posted by Tombstone RJ

Are you sure about this? I thought Goodell can simply uphold the suspension regardless how the court rules which is another reason that this dumbass judge should have never taken the case.

Ugh. I deleted my post mocking you because you changed yours.

First, the judge can't NOT take the case. He doesn't get to just not take cases. Only the SCOTUS can do that.

Second, yes, I'm sure about this. Goodell could revisit the process and try to fix the procedure and possibly fix the issues that Berman cites, but if the penalty is vacated, then it's gone, and Goodell is sort of back to square one.
Or he can (and almost certainly will) appeal to the Second Circuit.

[Tombstone RJ]

Originally Posted by Amnorix

Ugh. I deleted my post mocking you because you changed yours.

First, the judge can't NOT take the case. He doesn't get to just not take cases. Only the SCOTUS can do that.

Second, yes, I'm sure about this. Goodell could revisit the process and try to fix the procedure and possibly fix the issues that Berman cites, but if the penalty is vacated, then it's gone, and Goodell is sort of back to square one.
Or he can (and almost certainly will) appeal to the Second Circuit.

The case had been decided by an arbitrator so yes, my understanding is the judge could have said, in essence, the case has already been decided by an arbitrator.

Please note: First, he actually decided to take the case on. That's rare enough when dueling parties have previously contractually agreed to allow disputes to be handled by arbitration. But rather than punting the case immediately, as I and other legal analysts figured would happen, Berman has tolerated multiple briefings and hearings, with more to come.

http://espn.go.com/espn/otl/story/_/...iots-tom-brady