Football Brady v. NFL: No Settlement; Judge Berman to Decide - Page 31

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.

Red Dawg · 09-03-2015, 12:57 PM

Quote:

Originally Posted by BryanBusby

lol no it didn't and how haven't you been ran off the board yet

The CBA doesn't give him freedom to act like a total shithead

Actually it pretty much does. The judge just didn't like that it gave him that much power.

I have no problem with Brady winning but it's BS that he got out of being suspended totally. That is crap when everyone else has at least had be held to their suspension.

BryanBusby · 09-03-2015, 12:59 PM

Quote:

Originally Posted by Tuckdaddy

Actually it pretty much does. The judge just didn't like that it gave him that much power.

I have no problem with Brady winning but it's BS that he got out of being suspended totally. That is crap when everyone else has at least had be held to their suspension.

Brady isn't the first dude to have his suspension vacated and no he still has to be fair and impartial. He hasn't done that, hence why he even lost to a guy that punched his ****ing wife on video.

Skyy God · 09-03-2015, 12:59 PM

http://sports.yahoo.com/blogs/fantas...174505609.html

**ExtremeChief** · 09-03-2015, 01:01 PM

in case anyone wants to read 40 pages the decision is here: http://www.nysd.uscourts.gov/cases/s...special&id=484

The NFL looks stupid as hell in this one.

Amnorix · 09-03-2015, 01:01 PM

Quote:

Originally Posted by Tuckdaddy

Well they voted it in and now complain? They should live with their decision and stop bitching. If they want to complain they should complain to the owners who wanted things this way. Just for the record Roger did not violate the CBA at all. Berman just thinks it's not fair and ingnored it. Truth be told it isn't fair but still the CBA gives Roger the authority to do everything he did. Fair or not fair it clearly does.

Comedy gold. You don't know what you're talking about. I doubt you've even read Berman's decision.

**ChiefGator** · 09-03-2015, 01:02 PM

Quote:

Originally Posted by Tuckdaddy

Actually it pretty much does. The judge just didn't like that it gave him that much power.

That is nowhere in his ruling.

He didn't even make it to Brady's claims of lack of proof and Goodell not being impartial. He said that the NFL had violated the due process of Brady by not allowing him access to the evidence against him and that the punishment was out of line with previous punishments, and established protocols, handed out under the same CBA.

It is all here and fairly simple:

https://cbsboston.files.wordpress.co...andecision.pdf

Amnorix · 09-03-2015, 01:03 PM

Quote:

Originally Posted by Tuckdaddy

Actually it pretty much does. The judge just didn't like that it gave him that much power.

I have no problem with Brady winning but it's BS that he got out of being suspended totally. That is crap when everyone else has at least had be held to their suspension.

Berman had no option except to uphold the NFL ruling (4 game suspension) or vacate (0 games). He couldn't pare it back to, say, 1 game, or anything. Not an option for him.

Chiefnj2 · 09-03-2015, 01:04 PM

I wish the other 31 owners, GMS and head coaches were smart enough and ballsy enough to try to cheat the system.

Amnorix · 09-03-2015, 01:05 PM

NFL confirms that Commissioner Goodell will NOT attend next Thursday's game kicking off the season between the Steelers and Patriots AT Foxboro.

No word yet on whether he will ever step foot in Foxboro again. I'm sure I join 99% of Patriots fans in saying "**** off Roger".

Pasta Little Brioni · 09-03-2015, 01:10 PM

The same fan base that gargled his balls when he hob knobbed with your owner and did his bidding on other teams like the Saints. Was all fine then.

Hootie · 09-03-2015, 01:14 PM

Quote:

Originally Posted by Amnorix

NFL confirms that Commissioner Goodell will NOT attend next Thursday's game kicking off the season between the Steelers and Patriots AT Foxboro.

No word yet on whether he will ever step foot in Foxboro again. I'm sure I join 99% of Patriots fans in saying "**** off Roger".

While he did no favors this time around ... He swept spygate under the rug for your smug fan base

**wazu** · 09-03-2015, 01:17 PM

Quote:

Originally Posted by unlurking

I hate Brady. I hate the Pats. However, if given the chance to remove one person from the league it would be Goodell. I'd rather lose a season to a strike if meant Goodell were removed.

Red Dawg · 09-03-2015, 01:30 PM

Quote:

Originally Posted by Amnorix

NFL confirms that Commissioner Goodell will NOT attend next Thursday's game kicking off the season between the Steelers and Patriots AT Foxboro.

No word yet on whether he will ever step foot in Foxboro again. I'm sure I join 99% of Patriots fans in saying "**** off Roger".

http://www.indystar.com/story/sports...lost/71640202/

Pats still cheated and got caught again. Let's not forget that, and it's hardly Rogers fault they are shady liars and the reason the league has to change the football rule book just to make the game fair when teams have to play them.

LiveSteam · 09-03-2015, 01:31 PM

Quote:

Originally Posted by Amnorix

NFL confirms that Commissioner Goodell will NOT attend next Thursday's game kicking off the season between the Steelers and Patriots AT Foxboro.

No word yet on whether he will ever step foot in Foxboro again. I'm sure I join 99% of Patriots fans in saying "Kill yourself Goodell,you worthless sack of shit".

FYP

Pasta Little Brioni · 09-03-2015, 01:34 PM

Quote:

Originally Posted by LiveSteam

FYP

But he was awesome when he swept your team illegally video taping under the rug am I rite???

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, 12:59 PM	#453
Skyy God 11-5, baby Join Date: Sep 2005 Location: Livin the dream Casino cash: $2191557	http://sports.yahoo.com/blogs/fantas...174505609.html
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09-03-2015, 01:01 PM	#454
ExtremeChief Poser Join Date: Mar 2001 Location: BFE, MO Casino cash: $9991344	in case anyone wants to read 40 pages the decision is here: http://www.nysd.uscourts.gov/cases/s...special&id=484 The NFL looks stupid as hell in this one. __________________ When you wish upon a falling star, your dreams can come true. Unless it's really a meteorite hurtling to the Earth which will destroy all life. Then you're pretty much hosed no matter what you wish for. Unless it's death by meteor.
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09-03-2015, 01:04 PM	#458
Chiefnj2 In Search of a Life Join Date: Mar 2007 Casino cash: $6664388	I wish the other 31 owners, GMS and head coaches were smart enough and ballsy enough to try to cheat the system. __________________ Mismanaging the clock.
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09-03-2015, 01:05 PM	#459
Amnorix In BB I trust Join Date: May 2003 Location: Boston, Mass. Casino cash: $10029808	NFL confirms that Commissioner Goodell will NOT attend next Thursday's game kicking off the season between the Steelers and Patriots AT Foxboro. No word yet on whether he will ever step foot in Foxboro again. I'm sure I join 99% of Patriots fans in saying "**** off Roger". __________________ "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, 01:10 PM	#460
Pasta Little Brioni Consuming CP souls Join Date: Oct 2005 Location: U.S.A. Casino cash: $258880	The same fan base that gargled his balls when he hob knobbed with your owner and did his bidding on other teams like the Saints. Was all fine then. __________________ **Official TFWdemB Trivia Commisioner**
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