Football Brady v. NFL: No Settlement; Judge Berman to Decide - Page 28

Amnorix · 08-31-2015, 01:45 PM

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.

oldandslow · 09-03-2015, 11:01 AM

Quote:

Originally Posted by Just Passin' By

You're a troll. You're trolling. I get that it's what you do. It's just that your style of trolling is overly repetitive and gets boring quickly.

You didn't have to Google anything. You wanted to troll. That's fine. Just troll someone else.

A Bronco's fan trolling a Pat's fan on a Chiefs message board.

Only on the planet...lol.

**ChiefGator** · 09-03-2015, 11:02 AM

Quote:

Originally Posted by oldandslow

A Bronco's fan trolling a Pat's fan on a Chiefs message board.

Only on the planet...lol.

That did occur to me, I must admit.. :: chuckle ::

TEX · 09-03-2015, 11:06 AM

Quote:

Originally Posted by Pasta Giant Meatball

Destroy evidence, have someone take balls into the bathroom, give out rewards for them doing so, and lie with a stupid smug smile to the entire country...get off Scott free on a technicality. The Patriot Way!

Red Dawg · 09-03-2015, 11:09 AM

Quote:

Originally Posted by Just Passin' By

It's a good day for the rule of law.

No it isn't. It's a slap in the face of the Supreme Court who ruled 15 years ago that what Berman did should never be done no matter how stupid the a judge thinks the arbitrator is.

Amnorix · 09-03-2015, 11:12 AM

Quote:

Originally Posted by Tuckdaddy

No it isn't. It's a slap in the face of the Supreme Court who ruled 15 years ago that what Berman did should never be done no matter how stupid the a judge thinks the arbitrator is.

Dont' try practicing law, you're not that good at it.

Simple question -- do you think NO arbitrator's ruling has been overturned since Garvey?

Amnorix · 09-03-2015, 11:12 AM

Meanwhile, the butthurt of the Patriot haters is kinda hilarious, I must say.

Al Bundy · 09-03-2015, 11:13 AM

Is Just Passin' By a Patriot troll turd?

Simply Red · 09-03-2015, 11:15 AM

we're the better team now / this season - so I don't really care either way.

BucEyedPea · 09-03-2015, 11:17 AM

Quote:

Originally Posted by MagicHef

The judge isn't allowed to rule on whether or not the investigation was legitimate or if Brady's suspension was deserved. He's only allowed to rule on whether or not Goodell acted appropriately in regards to the CBA. Since the NFLPA decided to agree to a CBA that makes Goodell judge, jury and executioner, they don't really have an argument that will hold up.

Yes but the judge was ruling on the process with that a part of it.

But if you want, go back earlier to some pages in here where there is a transcript showing Berman said there was no evidence for Tom being guilty either.

GloryDayz · 09-03-2015, 11:17 AM

Quote:

Originally Posted by Amnorix

Meanwhile, the butthurt of the Patriot haters is kinda hilarious, I must say.

I'll be the first to admit that I am frustrated, not because Brady won, but because my team won't lower itself to your team's standard of conduct (and calling a "will to win'), and the NFL won't have the guts to use the tools it has at its disposal to deal with the situation. There was a lesson taught to the NFL and every team other than the Pats, but it wasn't learned.

Congrats to the Pats, I expect they'll be very "competitive" again this year as their internal competition committee seeks to frolic in the rule's gray area.

BucEyedPea · 09-03-2015, 11:17 AM

Quote:

Originally Posted by Tuckdaddy

No it isn't. It's a slap in the face of the Supreme Court who ruled 15 years ago that what Berman did should never be done no matter how stupid the a judge thinks the arbitrator is.

Nope.

That's not an absolute, especially when there's precedents for overturning if process is unfair. They are not overturned often but they can be. In fact, Berman overturned an earlier arbitration before too.

According to Stephanie Stradely Law :

Quote:

I do not think the NFL will like the precedent set by Berman on this. This was a bad set of facts to go to war with.

Quote:

Berman's opinion is more scathing than his 2nd hearing. Does NFL double down? Or do they learn? NFL legal viewpoint is bad for owners/fans

https://twitter.com/StephStradley/st...63487425527808

GloryDayz · 09-03-2015, 11:18 AM

Quote:

Originally Posted by Amnorix

Meanwhile, the butthurt of the Patriot haters is kinda hilarious, I must say.

And I repped you too... Have a great season..

Just Passin' By · 09-03-2015, 11:18 AM

Quote:

Originally Posted by MagicHef

No, I literally had no idea who Tom Curran was when I read your post, I thought he might be a league employee or something. I don't live in the Boston area, why would you think I know who he is?

Who Curran is doesn't matter. As I posted, Schefter re-stated it again. He did it today, on ESPN, in response to a question from Bob Ley.

Now, go away and let the non-trolls talk.

Simply Red · 09-03-2015, 11:19 AM

Quote:

Originally Posted by Amnorix

Meanwhile, the butthurt of the Patriot haters is kinda hilarious, I must say.

not me. I don't care at all.

Just Passin' By · 09-03-2015, 11:19 AM

Quote:

Originally Posted by Tuckdaddy

No it isn't. It's a slap in the face of the Supreme Court who ruled 15 years ago that what Berman did should never be done no matter how stupid the a judge thinks the arbitrator is.

To the surprise of nobody here, I'm sure, you don't know what the hell you're talking about.

08-31-2015, 01:45 PM
Amnorix In BB I trust Join Date: May 2003 Location: Boston, Mass. Casino cash: $10029808	Brady v. NFL: No Settlement; Judge Berman to Decide 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.
Posts: 43,125

09-03-2015, 11:12 AM	#411
Amnorix In BB I trust Join Date: May 2003 Location: Boston, Mass. Casino cash: $10029808	Meanwhile, the butthurt of the Patriot haters is kinda hilarious, I must say. __________________ "I love signature blocks on the Internet. I get to put whatever the hell I want in quotes, pick a pretend author, and bang, it's like he really said it." George Washington
Posts: 43,125

09-03-2015, 11:13 AM	#412
Al Bundy Damnit Peg Join Date: Jul 2006 Location: Overland Park Casino cash: $3441831	Is Just Passin' By a Patriot troll turd?
Posts: 23,639

09-03-2015, 11:15 AM	#413
Simply Red You Sweetie! Join Date: Sep 2005 Casino cash: $2021206219 VARSITY	we're the better team now / this season - so I don't really care either way.
Posts: 71,691