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

[Amnorix]

Can't find the old thread. Brady and Goodell were back in NYC today for settlement talks. No progress.

Judge Berman said he would likely decide "in the next day or two" and definitely before September 4th.

Interesting how the narrative among the national writers has evolved.


http://sports.yahoo.com/news/roger-g...180816187.html


NEW YORK – They arrived surrounded by lawyers, each wearing a blue suit and displeased expression. Here was Roger Goodell and here was Tom Brady back in federal court in a fight over power, ego and legacy, as much as whether the footballs were deflated in January's AFC championship game.

New York Giants owner John Mara came in an attempt to soften the face of the league's side a bit. Jay Feely, a long-time NFL kicker and friend of Brady's from back at the University of Michigan, arrived to stand by his side.

Once again, nothing worked. A private meeting in front of Judge Richard M. Berman yielded nothing. No one budged. No one backed down. No settlement was reached.
And now both sides roll the dice and sit and wait for a ruling.

"Tomorrow or the day after," Berman said of when he would likely announce whether to vacate Brady's four-game suspension. He assured it would come before Sept. 4, when both sides requested an answer so the New England Patriots can begin preparing for the season opener with or without their star quarterback.

So that's that, all or nothing, all or everything, all eyes on the court docket here.

For Brady it's either a quarter of the season lost or a measure of redemption gained. For Goodell it's either a reaffirmation of the totality of his authority or another humiliating public defeat.

There may be appeals and requests for stays and thus months still to go, what will be won, what may not be done. None of that minimized the tension and drama inside Berman's 17th-floor courtroom here on Monday, when a case that started as a curiosity on that playoff night boiled toward a milestone, if not a conclusion.

Berman clearly knows how he is going to rule and likely has much of the decision already written. He's read and heard it all over the past month. There were no new arguments on Monday. The chief attorneys, Daniel Nash of the NFL and Jeffrey Kessler of the NFL Players Association, both merely stood and praised the efforts of all sides even though, as sometimes happens, they just couldn't reach a settlement.

"This is a time Mr. Nash and I are going to agree," Kessler joked.

The inability to find common ground is not a surprise. Tom Brady was simply never going to admit he had any role in the tampering of those footballs, or even that the footballs were ever tampered with in the first place.

First off, after he said as much under oath and then introduced the transcript into federal court, doing so would risk a perjury charge. More importantly though, it would be a complete reversal, making him a liar and a cheat, crushing his image among not just fans but, most importantly according to those that know him best, his own children.

He also very well may be innocent. The NFL never produced much of a case against him, let alone that the footballs were even unnaturally deflated.

So the only way a settlement could go down was for Goodell to drop any demands for an admission of guilt. He'd have to settle for Brady merely acknowledging a failure to fully cooperate with the investigation. That, however, would be a serious concession from a commissioner who's built his career on cracking heads among misbehaving players.

So there was the irresistible force clashing with the unmovable object, each willing to lose in court as long as he could still save face.
It has been, if nothing else, a remarkable showdown of oversized personalities.

In court Monday, the two men, rich and famous and atop their chosen professions, refused to even look at each other.

When the session was adjourned, both were forced to awkwardly wait for the galley to clear out of media and observers, leaving them within a few feet of each other a couple table rows apart.

Brady stood first and wandered over to one wood-paneled wall of the ornate courtroom. He stuffed his hands in his pocket, looking as intense as any tight fourth-quarter drive. Feely stood by his side and the two eventually hugged.

Goodell, seated in front, stood slowly and also put his hands in his pocket, looking down and then turning in the opposite direction of Brady, trying to wear a face of nonchalance.

Eight months into this scandal, after swings of allegations and misrepresentations, of false media leaks and broadside-legal attacks, the distrust and disgust were clear: Two men known for their ability to smoothly glide through life, with fashion and fabulous hair, looked strangely uncomfortable.

No one ever wants to sit in this position, leaving it to another man, federal judge or not, to declare whether he or she is a cheat or a fraud or a bully or a bum.

Here these two are though, going down that awkward path together. Their lives are seemingly too charmed for this, yet they were like a couple of rivals on opposite sides of the schoolyard, unwilling to even acknowledge the other's presence in front of onlookers.

The stakes seem higher for Goodell, if only because his legal argument here is based on the 1981 Supreme Court decision MLBPA v. Garvey, which essentially prohibits judges from interfering with the decision of arbitrators even if they are horrendously flawed or based on inaccurate facts. Arguing you have the right to be a dictator isn't ideal in public relations terms.

As such, Goodell and the NFL could certainly prevail in front of Berman but do so via a ruling full of the same kind of harsh verbiage that the judge used during two prior public sessions.

It's clear that no matter which way Berman goes, he looked upon the NFL's judicial system in general, and the league's conduct in this case specifically, as lacking any semblance of fairness or competency. He could unload in the ruling and leave Goodell laid out, even if he's technically victorious.

That's the risk Goodell was willing to take. And one Brady is willing to go with, essentially entering the verdict stage with a two-pronged chance at redemption – either total or at least in the court of public opinion. A loss and a four-game suspension would hurt, but he could at least point to an impartial federal judge down in New York agreeing that Goodell is out of line.

It's certainly reasonable that the NFL initially erred when it failed to comprehend Ideal Gas Law and thus initially thought any Patriots football that measured below 12.5 pounds per square inch of inflation was a sign of nefarious conduct. It immediately went after a speeding ticket like a homicide case.

But by the time the league should've have dialed it back, it had already leaked prejudicial stories and begun building a case against Brady and two Patriots locker room attendants. The NFL never was able to find a smoking gun or much more than suspicions, but that didn't matter.

The NFL not only never backed down, it just kept doubling down, believing the full force of the league's power – both in the CBA and in its ability to manipulate national reporters – would overwhelm Brady.

The league may be correct and on the verge of a show-of-force victory. It may be wrong and headed for a comeuppance.

It's all up to Judge Berman now. Who knows what he thinks and who knows what he'll rule. On Monday he seemed eager to make it known though as he sent the two men in fancy blue suits off into the Manhattan morning, Goodell via a black Escalade, Brady in a Chevy Suburban. Each is left awaiting his word.

The QB v. the Commissioner, it's all or everything now.

[Amnorix]

If Brady is smart, he may offer a one game suspension -- week 3 versus the Jaguars -- to end this. The NFL almost certainly wouldn't take it, but they might just to end the pain. Do they really want "DeflateWait" to become a 2 year, or 3 year, ordeal?

Take the game for failure to fully cooperate, say nothing about Wells Report, and be done. Appeal dropped, and issue put behind them.

Be smart for Brady, but he may not go for it. (I won, why would I give them anythign?!?)

NFL almost definitely wouldn't go for it. I'M THE ****ING BOSS AROUND HERE, sez the Commish...

[ChiefGator]

Because there was no notice of a four-game suspension in the circumstances presented here, Commissioner Goodell may be said to have “dispense[ d] his own brand of industrial justice.’ 187 Concourse Assocs., 399 F.3d at 527 (citation omitted). ‘When the arbitrator’s words manifest an infidelity to this obligation, courts have no choice but to refuse enforcement of the award.’ United Steelworkers of Am. v. Enter. Wheel & Car Com., 80S. Ct. 1358, 1361 (1960).

More from the ruling.

[BucEyedPea]

Originally Posted by ChiefGator

Interesting quote from the judgement.

That was part of Kessler's defense.

[Hootie]

Originally Posted by Amnorix

That's not what the decision was about (not that I have read it, but I can still firmly say). It's not guilt/innocence of Brady. It's about PROCESS. Specifically the NFL's comically shitty process.

it's beyond embarrassment now

I don't know if Goodell is simply the fall guy or what

but he has to go, right?

[The Franchise]

I really hope The Deflator doesn't let this minor inconvenience stop his amazing weight loss journey.

[Rain Man]

And somewhere there's an assistant equipment manager asking for his job back, and can't get anyone to return his calls.

[ChiefGator]

Originally Posted by Amnorix

If Brady is smart, he may offer a one game suspension -- week 3 versus the Jaguars -- to end this. The NFL almost certainly wouldn't take it, but they might just to end the pain. Do they really want "DeflateWait" to become a 2 year, or 3 year, ordeal?

Take the game for failure to fully cooperate, say nothing about Wells Report, and be done. Appeal dropped, and issue put behind them.

Be smart for Brady, but he may not go for it. (I won, why would I give them anythign?!?)

NFL almost definitely wouldn't go for it. I'M THE ****ING BOSS AROUND HERE, sez the Commish...

I don't see why Brady would have to make that concession, honestly.

[BucEyedPea]

Originally Posted by Amnorix

If Brady is smart, he may offer a one game suspension -- week 3 versus the Jaguars -- to end this. The NFL almost certainly wouldn't take it, but they might just to end the pain. Do they really want "DeflateWait" to become a 2 year, or 3 year, ordeal?

Take the game for failure to fully cooperate, say nothing about Wells Report, and be done. Appeal dropped, and issue put behind them.

Be smart for Brady, but he may not go for it. (I won, why would I give them anythign?!?)

NFL almost definitely wouldn't go for it. I'M THE ****ING BOSS AROUND HERE, sez the Commish...

I read he was willing to accept one game and/or even a fine but he would never admit guilt—which is what the NFL wanted him to do. Of course, he was going to do it just to end it.

Players pay fines all the time without admitting guilt.

[alnorth]

I skimmed through the ruling. The judge didn't really get to the facts of the case on whether or not he asked for the balls to be deflated or whether they were deflated at all prior to going out into the cold field. He said the rules of arbitration say that the court has to accept the facts found by the arbitrator, even if they seem wrong, so OK we'll just assume he did it.

What the court said though, is that 4 games for deflating balls was not supported as a proper punishment. There was no precedent for it, or anything spelled out in the CBA that the punishment would be as severe as PED's. The closest thing they could point to were situations that led to a fine but no suspension.

[ChiefGator]

Originally Posted by BucEyedPea

That was part of Kessler's defense.

This is Berman's writing actually..

[Loneiguana]

The judge said Brady had no notice he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate football and for not cooperating with an investigation.
"Brady also had no notice that his discipline would be the equivalent of the discipline imposed upon a player who used performance enhancing drugs,'' Berman said.

I wonder if that would work at any place of employment?

You didn't properly notify me of the consequences for this action, therefore you cannot punish me.

[FringeNC]

Originally Posted by Amnorix

Will never happen, most likely. The actual malice burden is brutal for public figures to overcome.

I have no real knowledge of the defamation standard, but some reasonable people think Brady has a legit case:

http://www.foxnews.com/opinion/2015/...ainst-nfl.html

[Hootie]

even if overturned, at this point, there is no way they are going to do it week 16 and be like, "welp, sorry Tom, no playoffs!"

it'll just be deferred to next season

Brady is going to have another "revenge tour" this year ... I'd take him in every fantasy league. This is where Brady truly excels. I'd be afraid of the Pats offense this year. I'm adjusting my fantasy accordingly.

[Amnorix]

Originally Posted by Hoopsdoc

So, because the process was flawed, he gets off Scott free? When any unbiased observer can deduce that he knew about it?

That makes no sense.

Sure it does, if you understand how the legal process works. Brady had NO notice, no possible way of knowing, that a four game suspension was remotely possible for equipment tampering. Why? Becuase players HAVE tampered with equipment before, and nobody was EVER suspended for even ONE game.

SECOND, Brady is entitled to cross-examine his accusers. The NFL prevented that. The process was fundamentally unfair to him.

I could go on and on, but until I read hte decision, I won't say much more.

But it's JUST like Peterson and Rice and all the other situations where a federal judge or Tagliabue bitch slapped the NFL -- their PROCESS for player discipline is complete garbage. It's "make it up as you go" bullshit.

[BucEyedPea]

Originally Posted by Rain Man

And somewhere there's an assistant equipment manager asking for his job back, and can't get anyone to return his calls.

Now that you brought the lost jobs of these guys, I'd like to set the record straight here as well. They were suspended. The NFL made the Patriots suspend them and the Patriots complied. The Patriots didn't do this on their own. This rumor was floating around here as well as in: "So why were they fired?" while intimating guilt.