NFL has more to lose than the Brady case

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It’s becoming increasingly clear (as will be demonstrated in an upcoming post) that the NFL and NFLPA would prefer rolling the dice and risking a loss in court over working out a settlement.

As explained last night, there’s a way for Judge Richard M. Berman to fashion a lose-lose outcome, by sending the controversy back with instructions for further proceedings that would be unappealing to both sides.

For the NFL, there’s also a bigger picture to keep in mind. If Judge Berman’s ruling contains broader observations regarding the inability of Commissioner Roger Goodell to appoint himself to impartially handle these appeals personally, the U.S. District Court for the Southern District of New York will become the new default option for any litigation arising from player suspensions resolved by Goodell.

And if the NFL tries to get cute and pre-emptively filed a lawsuit defending the ruling in some other state the next time around (like the league did with Brady), it will be much more difficult to get the federal court where the league office is located to punt, the way the Minnesota federal court did.

It’s unclear whether the NFL is worried about this case operating as a de facto stripping of Goodell’s final say, but it should be. Judge Berman could craft a decision that, if it survives on appeal, could become binding legal precedent in the jurisdiction where The Shield resides.

Speaking of an appeal, that raises the stakes even higher for the NFL. If the appeals court agrees with Judge Berman, then it all becomes a much stronger precedent for future cases.

It’s another big reason for the NFL to settle the case at a time when the NFL seems to have no interest in doing so.

113 responses to “NFL has more to lose than the Brady case

  1. Here’s what’ll happen – Brady will come back after four games, it’ll be business as usual and this story won’t register on the space time continuum

  2. Pats fans are like the people who believe in UFOs … it seems crazy to us, but nothing can shake them.

  3. Initially the owners were probably backing Goodell to preserve what they ‘won’ in the last CBA. Now it appears they could lose that by continuing. Now THERE is a good incentive to settle

  4. After he retired former NFL pro bowl QB Jeff Blake, who played for the Jets, Bengals, Saints, Ravens, Cardinals, Eagles and Bears admitted during a radio interview on Nashville 104.5 The Zone that he ordered ball boys to let the air out of his footballs just before the game throughout his NFL career. He played from 1992 to 2005.

    “Cause when you take the balls out of the bag, they are rock hard. And you can’t feel the ball as well. It’s too hard. Everybody puts the pin in and takes just enough air out of the ball that you can feel it a little better. But it’s not the point to where it’s flat. So I don’t know what the big deal is. It’s not something that’s not been done for 20 years.”

    The NFL never investigated any of these teams. They never fined any of these teams. They never penalized any of them either financially or by removing draft picks. No one in the sports news media has mentioned this once.

    They never investigated whether the Vikings and Panthers heating their balls on national TV in violation of the rules was a pattern or simply one game, and only told the teams to stop.

    They never investigated of even commented on Aaron Rodgers ordering balls over inflated.

    The league has never given a damn about psi levels until it was the Pats. That’s called a double standard and invalidates every complaint they have in this matter.

  5. You’re asking the league to be self-reflective and consider the consequences of its actions. This is something it has shown no ability (or desire) to do at any step in this process.
    In the words of Lord Action, “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.”
    And, worst of all for the NFL, Roger Goodell is by no measure of any kind a great man. So they’re really in trouble.

  6. I honestly don’t think that anyone on the NFL side can see that far ahead in the future.
    The NFL plays checkers…and they cheat at that.

  7. If Goodell truly cared about the league and not just his precious mansions, he would retire and let the league start fresh so we can all get back to actual football. Instead, he’s going to drag this out for the season, while the defamation suits pile up, his own hand picked judges question the absence of evidence in open court, and major papers around the country call him a liar. Pretty soon he’ll have to ask the Falcons to help him pipe in cheers to cover up the endless booing.

  8. Since the last CBA, the league has been acting in a manner contrary to all notions of fairness, common sense and justice. It’s procedures and protocols have been the very definition of “arbitrary and capricious”. This level of confrontation was inevitable and will likely, ultimately, lead to a neutering of the rogue commissioner.

  9. The NFL Owners seem absurdly blind to reality here, and I have a feeling if NFL loses here they’ll make Goodell the scapegoat without fully understanding why they’ve all failed.

  10. Goodell not the sharpest tool in the shed. All could have been avoided and he could keep his far-reaching authority, command and control. But noooooo, he didn’t overturn the appeal or make a concession all because of ego. Now there’s a new sheriff in town, Berman and who knows whats going to happen.

  11. Honestly the NFL should lose the right for Goodell to do all of these things. Any definition I have ever seen for arbitrator starts off with the word “independent”. You can’t be independent if you’re also the one who heard the ruling. Look we all know the players got slammed in the last CBA, but this part has existed for years not just in the last CBA but because people like Paul Tagliabue weren’t trying to put themselves above the shield like Goodell does.

    To compare to referees. Tagliabue was the type of ref that knows how much influence he could have on a game but also understood the best games are ones he doesn’t determine the outcome. Goodell is the type of ref that knows how powerful he can be and on every other play he wants to show the fans and players how powerful he is, in case they forgot.

    Integrity… he keeps using that word but I don’t think it means what he thinks it means.

  12. Brady suspension needs to stay, & Goodell needs to be FIRED!!! Kraft will FINALLY be leading the firing squad with the other owners to get Goodell fired!!! Kraft tried to pay off the cheat by just paying the fine that’s why Brady suspension MUST stick!!!

  13. There has to be some hostility underlying all of this. There has to be. For the NFL to go through all this trouble and incur all this risk, and insist on such severe punishment in the absence of direct evidence.

  14. Might as well have it settled once and for all. Why kick the can down the road? If Goodell keeps his power now, then the next player to whom he doles out punishment will almost certainly challenge his authority again in court.

    In any case, I don’t see how that type of ruling could stand on appeal. The CBA is clear that Goodell has the authority and that the NFLPA agreed to it. Courts are not in the business of re-writing unambiguous contracts just because one of the parties doesn’t like a particular provision.

  15. It seems that what is good for Goodell and a few owners in the short term is not necessarily good for them in the long term….and not good for the NFL as a whole….both short and long term

  16. Oh Really.. the legal expert thinks that a Judge will throw out what was negotiated for months by industry experts? Judges don’t overrule agreements.

    Clearly…needs to spend more time outside of the office of Brady’s lawyers.

  17. Neither side has the option of crafting a face-saving exit strategy at this point. They’ve both invested too much. Both sides set things up in such a way that they passed a point of no return and in a very high profile case would appear as the LOSER if they gave up anything at all in a settlement. There is no meeting each other halfway here. A settlement implies two losers and neither wants to lose.

  18. Wouldn’t Mike’s lose-lose scenario really need an activist judge to go far outside what is being brought before him? That is fine talk to force a settlement, but if this goes in before him all that is on the table is was this handled properly. That has nothing to do with footballs. This is just a bunch of clattering pans in the kitchen as they make the meal. Who cares how much noise they make, I’m hungry!

  19. Brady Defense..

    Everybody cheats, so why make Brady the Scapegoat?

    Uhhh..no, not everybody cheats. You may think that. You may wish that were true. That is not true.

  20. It sickens me that we have one team in the NFL that has been consistently, systematically cheating and getting slapped on the wrist for it. Now that team expects special treatment when it comes to getting caught. Clearly Kraft assumed that by accepting the team punishment the league would go easy on little princess Tommy, that didn’t happen and here we are.

  21. Patriots fans LOVE this post, but they were pretty squeamish in the lose-lose column Florio also posted. Anyone who says Tom Brady is not God incarnate receives a thumbs down, just like ancient Rome. Brady in the role of Caesar.

  22. The longer this goes on, the more light is shone on the league office and it becomes more and more clear to EVERYONE just how corrupt it is. I’m loving it.

  23. It’s comical that so many of you think Goodell is going to lose his job.

    The owners are THRILLED with him. He’s doing a fantastic job in their eyes.

    This isn’t American Idol, folks. You don’t get a vote. The players don’t get a vote.

    Only 32 people get a vote, and it’s 31-1 right now.

  24. Goodell has probably been told by 29 of the ownerships that if he goes with fining Brady for “lack of cooperation”, and gives in on the fact that Brady and the Patriots were never really guilty of anything except kicking butt for over a decade, then Goodell is gone. The other three ownerships, the Saints, Steelers and Patriots, already want him gone at this point (the Saints for Bountygate, the Steelers never wanted Goodell – thumbs up Steeler fans, and Kraft has finally come to his senses).

    So Goodell will likely let the Judge make the call, instead of unilaterally giving up his $40 million per year job.

  25. I don’t see how he could make a ruling like that, regardless of how fair it may seem. That authority is spelled out in the CBA and the player chose to chase money and an easier practice schedule rather than challenge how discipline is handled. If the judge can toss that agreement, could he also toss the revenue split percentage and make it like 70/30 favoring the league? I doubt it.

  26. Ridiculous. The NFLPA appointed Goodell to his position and the authority to make final decisions. Now that the Patriots are in trouble we say Goodell shouldnt have final say?!?! I dont think he should, but he does and that was voted on so deal with it until the next vote, then change it. If we dont like our president we cant just change after 2 yrs, we have to wait til the next election. And i hate how the NFL works, why should the NFL have more to lose than the player? Its ridiculous the player can appeal and appeal with ZERO to lose?!?! I say change final say to a board thats appointed BUT if the player loses his appeal he is charged double what his initial punishment was.

  27. This is bizarre- what’s so fascinating about stuff like this is anytime the inner workings of these sort of organizations like the government or the NFL is shown the light of day we get to see how totally incomprehensible and bass ackwards they are.

    If the real world operated like this society would’ve crumbled long ago.

  28. Goodell is single handedly ruining a great brand. He is a clueless baffoon. The only thing he cares about is lining the owners and his pockets.

  29. I have been a football fan for 50+ years. Every other sport I used to follow (pretty much all of them) I no longer follow. But, there was always the NFL.

    It is amazing to me that Goodell and the owners have gotten me to the point where I find myself, frequently, no longer giving a damn what they do or what happens to it.

    If the NFL went away tomorrow, I now realize I just wouldn’t be particularly bummed.

  30. The NFL really needs to settle at this point. Again, they stepped on their own d*ck by getting cute filing in New York. Every step along the way has been a massive misstep. Im sure Hardy is just dying to file a lawsuit against the NFL in New York.

    But it begs the question. With soooo much to lose, and so little to win (honestly, a 4 game suspension for 1 player is a blip on the radar), why are they fighting so hard? Why are they so hell bent on taking down Brady??? What is it about Brady, the Pats, Belichick, Kraft, etc that riles up the NFL offices to get them to this point. The more that comes out, the more shady the NFL looks. Its insulting that the keepers of the integrity of the shield, seem to be the most crooked and corrupt people in the NFL.

  31. Every morning I wake up hoping to read Goodell has been fired. Hopefully the NFL owners will wake up and end Roger’s reign of boobery

  32. “There is no finding in this case that there was anything done by Mr. Brady [in the AFC Championship Game].”

    That’s a direct quote from Judge Berman. More importantly, the lawyer for the NFL was unable to refute the statement.

    The NFL, in a court of law, has now admitted they have no evidence that Tom Brady did anything.

    If you are still barking at the moon that Tom Brady cheated, you need to order your tin foil hat right now.

  33. The NFL has always had more to lose than Brady. Brady’s punishment has been deemed appropriate by the league at a 4 game suspension. Losing for Brady means dealing with the punishment he’s already been hit with. He’s at rock bottom at the moment. The league could suffer any number of losses when this reaches a conclusion.

  34. Wouldn’t suspending a player for the final four games of the season be a much harsher penalty than suspending them for the first four games? And perhaps more of a deterrent?

  35. The bigger question is why does Goodell or the league office care about the ability to discipline players and hear the appeal so much? It obviously is a friction point over and over again, hurting the perceived credibility of the league office in the eyes of pro football fans. Just let these issues go to someone truly neutral in arbitration and focus on football.

  36. The league has never given a damn about psi levels until it was the Pats. That’s called a double standard and invalidates every complaint they have in this matter.

    I’ll quote brady from his leaked personal emails:

    “We are the Patriots. Everything is a big deal.”

  37. And my favorite part… The Defending Super Bowl CHAMPIONS are starting preseason football tonight, and we are still talking about it! GREAT JOB NFL!@!@!@! Keep up the good fight.

  38. the craziest part of this whole episode is the nfl lives in a fantasy land. they actually believe the stuff they’re making up is true.

    again in the courtroom nash called wells a man of “unquestioned integrity” …even as he’s buried under an avalanche of questions about his integrity.

    they are standing in a monsoon giving a weather report of sunny skies.

    totally effing nuts, they’d rather drive off a cliff than admit they took a wrong turn.

  39. Brady and the Patriots need to make this as painful as possible for the NFL, so that they do some house cleaning, and I don’t mean Goodell.

    Kensil and Pash need to go. They orchestrated the whole thing, from the leaks that blew this whole thing out of proportion to the Wells report that framed the Pats. With no leaks, we would be sitting here talking about the $25K fine(or maybe $250k if it’s per ball). Kraft wouldn’t have gone ballistic, and Brady wouldn’t have gone to court. The League wouldn’t have spent $5 million on a crappy investigation.

  40. IMO:

    Labor/discipline issues are just a cost of doing business to the owners. Integrity/protecting the shield is just an illusion to keep the money flowing in the stands/TV/fantasy/vegas.

    The 2 major events that hold water for the owners regarding Goodell are the TV deals and the concussion settlement. It seems they can live with the rest.

  41. The integrity of the game is at stake… If one player can cheat and get by with it then what will stop everyone from cheating. An example needs to be made…… Suspend him… or ban him from the game.

  42. The league and the players union both want any ruling issued. Both sides need clarity on how future legal challenges will play out, each side needs to know its leverage going in to the inevitable new NFL discipline procedure negotiations.

  43. What the fans are entitled to is the truth. If Judge Berman, ( I’m presuming no relation to Chris) spent yesterday grilling the parties present on the facts of the case, he should go one step further, and subpoena the two Patriots’ employees who were responsible for handling the footballs, and under oath, interrogate them.

    How hard can that be? To bring in the key witnesses in the case rather than dance around the facts.

  44. The real issue is the players union screw up when they agree to make Roger King of the mountain. They did this so they could make more money, less practice time, etc..,etc. You make a deal with the Devil and you pay the price. Don’t count on this judge to over turn the contract the players union have with the league. Bill

  45. Goodell has taken on one of the most popular players and successful teams in the NFL in an effort to compensate for his bungling or the Ray Rice, Adrian Peterson, etc. episodes. Precedents have clearly been established that equipment violations have been virtually ignored for years. Fines of $5,600 were imposed upon violators. Now an equipment infraction threatens the integrity of the game. Why did the league turn over the handling of the precious football to each team enabling modifications to help the respective quarterbacks. Craig Mortensen reports an incredulous 2 PSI deflation in 11 out of 12 balls which is proven to be erroneous. The fact that this false reporting was never corrected indicates that the NFL was looking for a sacrificial lamb.
    The judge, having been asked to adjudicate the matter is going to rule in Brady’s favor which in turn will enable Mr. Kraft to recover a million dollars and 1st and 4th round picks in next years draft. The NFL will benefit be firing Goodell for creating this debacle which will be rightly considered negatively affecting the integrity of the game.

  46. Why would Berman issue a ruling that would necessarily bring more stupid cases to his courtroom? Throughout this whole case, Berman has seemed like a man forced to deal with this ridiculous case. He appears, by all his settlement talk, to want these cases to stay where they belong – between commissioner and union.

    If the commissioner can’t rule impartially on player discipline, then it’s time for a commissioner that can.

  47. There is always more to lose for the league, which is a repeat player at this issue far more so than any individual player.

    Having said that, the NFLPA has just as much to lose as the league. If the league could lose on all those points, the league can just as easily win on them as well.

    Good luck to the NFLPA in challenging these decisions in the future if the league wins here.

  48. Step one: Inflate football to 12.5 PSI.
    Step two: Place ball in refrigerator for 2 hours and fifteen minutes.
    Step three: Measure PSI of football.
    If Judge Berman follows these three simple steps, he will have all of the information he needs.

  49. One way or another, unless the NFL repeals the “Ideal Gas Law”, they will find most of the balls played in the Non-Dome fields would register some deflation in the North. The Dome & Southern fields would not show any suffinificant drop at all. The lone exception would be Green Bay, where all balls would be just above 12.5 psi. Reason would be Aaron inflates them to 16 psi as he claims. Just joking GB…. Cheered for Bart Starr when he beat the Cowboys in that IceBowl…..

    Knowing the NFL, they will point to the results from the Charges & Dolphines home games and say, “See the Pats cheated, there is is your proof that footballs do not lose air”.

  50. Brady cheats and the entire PATS organization is corrupt. End of story and Roger says so which is the power he has under the CBA. Like it or hate it at the end of the day that’s the NFL’s case.

  51. Clearly Goodell has the right to make his ruling, and everything else is then subordinate to that power, and is subjective. The NFL wins. That was what the agreement between the NFL and the NFLPA states – so that is what will be the determining factor in any ruling.

  52. Even IF he deflated balls it wasn’t so consequential. Even THE JUDGE SAID that his stats we’re better in the second half with the “properly inflated balls.”

    All y’all whining about cheating and suspentions sound like 10 year olds. Tom Brady took your favorite toy and you’re NEVER getting it back. Go find someone who doesn’t follow football, if you can, and explain to them how this guy won the championship because of 2 p.s.i., please, just so you know how stupid you sound.

    Anyone else see irony in Goodell defending the integrity of the game?

  53. Anyone who followed those proceedings yesterday can no longer deny that Goodell and the NFL have no leg to stand on

    No matter how much they keep moving the goal posts (the latest being Goodell refusing to give his cellphone to Mueller as proof of his innocence, but Goodell using Brady’s refusal to give up his cellphone as proof of his guilt) as the Judge noted the NFL has provided no credible evidence against Brady

    Goodell doubled down on “stupid” by standing behind his $5 million Wells Report

    And if the OWNERS of the NFL have any integrity they will invoke Article VIII of the NFL Constitution and fire Goodell for his lack of “unquestioned integrity” following a litany of leaks and lies in this matter

  54. This court case and Judge Berman have exposed many of the lies spread to the media by the NFL.
    Goodell has used his henchmen and media stooges to tarnish the image of Brady. The NFL conspired with Wells to hide evidence which exonerates Brady, while promoting misleading speculative theories of wrongdoing.

    Page 52 of the Wells report reveals that it was Referee Anderson’s “best recollection” that he used the gauge with the Wilson logo and the longer, crooked needle. In other words, Anderson recalls using the gauge before the game that, based on the halftime measurements, leads to a finding of no tampering.

    Would be justice if Wells was called on to testify under oath why he decided to ignore the only relevant witness , the only man who measured the PSI of the balls before the game. Ref Walt Anderson’s testimony was ignored because it exonerates Brady.

  55. This has always been about ‘getting the Patriots by stopping their HOF quarterback and taking away a part of their future with loss of #1 draft pick. It has been decided by some owners and some former Jets employees in the league office that this was the way to do it. It was a sting operation thAt did not rely on truth or actual facts but rather predetermined,slanderous, manufactured details. This is now about whether the NFL can act like the judicial system of a corrupt 3rd world country by framing players and condemning them without a fair hearing. This is a lynch mob mentality. It is not only Brady’s reputation and that of the Patriots that is at stake, it is the integrity of the league. Messing with the footballs is minor, but messing with people’s lives is huge.

  56. The judge seems like a guy who would be interested that the NFL just put in new procedures for footballs because they had no understanding or worries about anything to do with football psi until now.

  57. The Ginger Hammer and his minions overreached and now they screwed. Once this got in front of someone without an agenda it was the end of their frame up. Now they are scrambling and it’s so nice to see them squirm. Had they just done the equipment violation fine, then instituted better ball security and maybe a fine for Brady not being totally cooperative. Then again if I was a victim of a witch hunt I would not exactly being forthcoming either.

  58. Football law: Mike Florio must be loving this. I hope he’s ready to get back to normal NFL coverage in a few weeks – though it is going to be a downer. Still, he’ll be talking to King and others about this for months over drinks. Deservedly so.

    Getting back to things: Berman is not sure there is even a cookie jar – never mind that there was ever a hand in the cookie jar. The amateur forensics and the poor before/after data are unconvincing. Insofar as the Brady appeal hearing, the NFL came loaded for bear – but with an ‘independent’ hunter’s gun. Roger and Nash left the training wheels on – with reason. This is America, and Brady won’t admit to anything related to the footballs or to conspiracy.

    They are coming, as I said before, to measure Nash’s office and then Goodell’s after that.

  59. They have already destroyed Tom Brady’s reputation, which was a goal of certain owners. Goodell and those owners have alreay won. Without any real proof, they have done real damage. I really hope Berman sees that for what it is and give Goodell a good lecture and a butt kicking.

  60. I highly doubt Brady has any concerns about McNally and Jastremski testifying under oath

    If the NFL felt that were a weak spot then Goodell would have had them do so during the appeal

    The fact that Goodell DID NOT WANT THEIR SWORN TESTIMONY shows that the NFL admits this is a bogus witch hunt

    What the Judge SHOULD do is have Walt Anderson testify under oath regarding his “best recollection” that the NFL rejected

    The haters LOVE to ignore the fact that the NFL ACCEPTED Anderson’s best recollection when it came to recalling 24 individual specific PSI readings

    The NFL felt he suddenly developed Alzheimers when he stated he used the gauge that showed there was no deflation (the one pivotal fact)

    The fact that the Brady-haters think that sounds about right tells you all you need to know about them

  61. Goodell is a moron. The NFL risks a lot more. When Brady is retired, and likely numerous times before, the NFL would lose out on the power it currently has, and that Goodell craves.

    But screw him, this is what happens when someone is power hungry, they risk it all for that power rush, even if it really doesn’t gain anything, and risks losing everything.

    Which you can also say is exactly what engaging in a multi-million dollar witch hunt and defamation campaign for what amount to a uniform violation that they cannot prove even happened.

  62. Do people not understand that the players didn’t negotiate away their right to a FAIR disciplinary process… They allowed Goodell to administer a FAIR process – which Goodell was obviously incapable of doing.

    The fact that Goodell lied, twisted facts, and otherwise manipulated the process will make it very easy on the judge to intervene.

    Some people actually think the players gave Goodell the right to abuse the process in the CBA… The way things seem to be going, you will likely learn how very wrong you are…

  63. I don’t know of anyone who has been the recipient of the statement, “No hard feelings, it’s nothing personal. It’s just business.” that doesn’t walk away with their feelings having been turned to stone.
    There is no way that Brady will compromise now. He is all in. For Brady, its like the last play of the game and he is down by a touchdown. He will fight tooth and nail to score, no matter what. He won’t roll over because he doesn’t know how. And especially because he believes he didn’t do anything wrong.
    I also believe that his mental toughness is such that he believes that even if he sits out the four game suspension and they lose all four games, they will still come back, win the division, go on to the playoffs and win the SuperBowl. And with that mindset there would be no reason what-so-ever to settle.

    Goodell is in trouble for the very same reasons that narcissists always get into trouble, they really believe that every one else holds them in as high a regard as they hold themselves. Well you can bet that that self portrait he sees in the mirror is starting to crack into a million pieces. And not a minute too soon.

  64. There are rights a us citizens has that a union can not sell. NO kangaroo courts. NFL knows that. Which is why Brady who is in a good financial potion has a duty to take this fight not just for him but for all players to the very end.

    The PLAYERS agreed to give Roger this power in the last CBA, right?

  65. Mike: It is now obvious that Goodell is playing the role of the tormentor for a powerful group of owners that have an ax to grind with Kraft. It is also apparent that Goodell lost his soul to devil in the Ray Rice ordeal. This entire episode is all about a power struggle with the group of 32 billionaires. Please comment on this as I believe Goodell’s office is not acting alone. Follow the $!

  66. Imagine the damage to the NFL if Berriman allows different rules for different teams, as Brady’s lawyers suggest.

    Well…now that is an activist judge, so good luck with overthrowing NFL experts, on an NFL negotiated issue. NFL Experts with no proven bias against the Patriots, think Tom Brady was cheating and have the right to protect the game, but that doesn’t supposedly doesn’t apply to the Patriots?

    This is all confirming what all of us have know. Not only are their different rules for Patriots, the Patriots EXPECT different rules.

  67. swagger52 says:
    Aug 13, 2015 10:36 AM

    Brady Defense..

    Everybody cheats, so why make Brady the Scapegoat?

    Uhhh..no, not everybody cheats. You may think that. You may wish that were true. That is not true.
    —————————————————-
    ESPN did a survey of 100+ NFL players and 68% said they believed their own team cheated. Kinda makes your point mute.

  68. glac1 says:
    Aug 13, 2015 11:01 AM
    The integrity of the game is at stake… If one player can cheat and get by with it then what will stop everyone from cheating. An example needs to be made…… Suspend him… or ban him from the game.
    _______________________________________
    How about starting with prove that he cheated. Yesterday Nash confirmed they have no evidence that Brady did anything.

  69. I don’t understand how this gets to court. The PLAYERS UNION negotiated a contract that made the commissioner in charge of discipline. I would think the only way a judge could rule against that would be to void the contract and send both sides to renegotiate a new CBA.

  70. @ rootpain they have the testimony of the ball boys that Brady told them to let the air out of the balls. Then he destroyed the piece of evidence that would verify that. If I tell you I committed a crime and somebody texted me to do so, would you want to see that text.

  71. swagger52 says:
    Aug 13, 2015 12:21 PM

    Imagine the damage to the NFL if Berriman allows different rules for different teams, as Brady’s lawyers suggest.

    Well…now that is an activist judge, so good luck with overthrowing NFL experts, on an NFL negotiated issue. NFL Experts with no proven bias against the Patriots, think Tom Brady was cheating and have the right to protect the game, but that doesn’t supposedly doesn’t apply to the Patriots?

    This is all confirming what all of us have know. Not only are their different rules for Patriots, the Patriots EXPECT different rules.
    ———————–

    Who is Berriman, and who are these “NFL experts” that you speak of? Goodell, Vincent, Kensil? They are only experts of incompetence.

  72. greymares says:
    Aug 13, 2015 1:28 PM

    @ rootpain they have the testimony of the ball boys that Brady told them to let the air out of the balls. Then he destroyed the piece of evidence that would verify that. If I tell you I committed a crime and somebody texted me to do so, would you want to see that text.
    ————————–

    They don’t have any such testimony. Quit making stuff up. Be better than the NFL.

  73. swagger52 says:
    Aug 13, 2015 10:33 AM

    Oh Really.. the legal expert thinks that a Judge will throw out what was negotiated for months by industry experts? Judges don’t overrule agreements.

    Goodell has lost three times in court in the past twelve months. Where have you been?

  74. greymares says:
    Aug 13, 2015 1:28 PM

    @ rootpain they have the testimony of the ball boys that Brady told them to let the air out of the balls. Then he destroyed the piece of evidence that would verify that. If I tell you I committed a crime and somebody texted me to do so, would you want to see that text.


    Strange that you live in some world where the only copies of texts from Brady to the ball boys would be on Brady’s phone.

    You understand that the NFL’s own attorney state in court just yesterday that what you claim in your first sentence above is false. Right? The NFL has no direct evidence of conspiracy. All they have is a “finding” which is the NFL’s attempt to treat Goodell’s unsupported opinion as if it were super-important.

  75. kerzondax says:
    Aug 13, 2015 10:46 AM
    I have been a football fan for 50+ years. Every other sport I used to follow (pretty much all of them) I no longer follow. But, there was always the NFL.

    It is amazing to me that Goodell and the owners have gotten me to the point where I find myself, frequently, no longer giving a damn what they do or what happens to it.

    If the NFL went away tomorrow, I now realize I just wouldn’t be particularly bummed.

    —————————————————————-

    I’m kind of in the same boat. Greedy billionaires routinely threatening cities to move unless they get billion-dollar free rides, the monetization of every little thing to point I’m surprised they don’t charge people to say ‘NFL” and all of it capped off by this out-of-control hatchet-man they have as commissioner.

    It’s tiresome.

  76. swagger52 says:
    Aug 13, 2015 10:36 AM

    Brady Defense..

    Everybody cheats, so why make Brady the Scapegoat?

    Uhhh..no, not everybody cheats. You may think that. You may wish that were true. That is not true.
    —————————————————-
    ESPN did a survey of 100+ NFL players and 68% said they believed their own team cheated. Kinda makes your point mute.
    _______________________

    98% of lawyers lie, by your logic, lying should be allowed by everyone.

    Who cares about 68% of NFL Players? How about 99% percent of unhappy people that lost money betting because Brady cheated?

    Just because you don’t care, doesn’t mean I don’t care.

  77. surfing 1998 says:

    “Charles’ and Boyles’ laws…collectively called the ideal gas law…show that the balls deflated only due to thermodynamics.

    Because so many are ignorant of this blatant realty, starting with the NFL, this has become an utterly ridiculous and pointless discussion.”

    Bottom line here is – NOTHING happened with those Footballs!

    This season, when the NFL runs “random games” tests on PSI, everyone knows that teams will be running their own tests. (Because the NFL can’t be trusted to be transparent.)

    Of course teams won’t be allowed to get their own halftime measurements (against the rules – ie. Colts ILLEGALLY measured an intercepted Patriots ball on their sideline (and got 3 different results)).

    The Real Truth will come out over time.

    And I firmly believe the real truth in “Framegate” is NOTHING illegal HAPPENED during the AFCCG!

    The circus started when the NFL dove into the shallow end of the pool…

  78. I’m starting to believe the NFL wants this case to go to appeals court. Not to uphold the Brady suspension but to force testimony from Pats staff members. Testimony that could prove damaging to the organization. It’s as if they counted on Brady’s defiance to make this happen. Then again, I may be giving the NFL more credit (for being smart) than deserved. Eight months and counting…

  79. they have the testimony of the ball boys that Brady told them to let the air out of the balls.
    ===
    Oh really.

    If that’s true, then why hasn’t the NFL put it into ANY of the myriad documents that it has generated on this subject?

  80. The NFL has no evidence that anything happened.

    All the NFL has is some slightly deflated balls. As there is a perfectly reasonable explanation for why the balls were deflated, and there is NO evidence anyone actually did anything, why does anyone even think anything was done?

    I will answer my own question: Because the NFL assumed guilt, went all in on it, did not understand what happened to the balls in cold weather, and can not back down.

    They then went on a full scale PR war to convince people from begining that something untoward was done. So most people went into this situation biased, their mind unconsciously influenced by the early leaked information. Now that is is PAINFULLY OBVIOUS that it is unlikely anything was done and that Brady certainly had nothing to do with it people have such a hard time changing their mind and accepting the fact that the real CHEATS here is the NFL and Goodell (Just like in Ray Rice, A Peterson, Bountygate and Jonathan Martin situations)

  81. After hearing more of the details on radio regarding the hearing I’m not so sure the NFL will lose. The NFL filed an action called a declaratory judgement. This is a pleading which asks a judge ( not a jury ) to make a legal decision. In this case ( without benefit of review of the pleadings) I’m sure the NFL is asking Judge Berman to uphold the right of the NFL and Goodell to resolve their own problems via
    arbitration. Any appeal from the arbitration must go to Goodeel as required by the CBA.
    As much as I would like to see Goodell remove himself from the process I believe the NFL will most likely win.
    Judge Berman could deny the motion filed by the NFL with a simple
    ” denied ” thereby allowing the NFLPA action in Minneaota to proceed.
    One rule I have learned is to not put much stock into Judge Berman’s grilling of the NFL. Often the side that gets grilled is the side that prevails. Judges also like to limit their decision by keeping the decision narrow. Judges also like for parties to resolve their own issues. Goodell is not a guy to resolve issues. I hope he thinks it’s worth
    it. He has lost a lot of credibility with the fans and players. Ironic for a guy who always worked hard to appear to be fair and honest.

  82. This not about what is right. Not about what is just. Not about what is smart.

    It is about Goodell and his henchmen trying to ruin Brady and the Pats.

    But he picked the wrong guy.

  83. You fail to mention that the U.S. Supreme Court, on numerous occasions, has upheld the concept that it will maintain the fundamental position of allowing Arbitration within Labor agreements. This judge could decide this constitutes a conflict, but given the impact it would have broadly, not just against the NFL…but all Labor Agreements, it would certainly be appealed with amicus briefs filed by virtually every business entity that uses arbitration agreements with employees, supporting the NFL’s position. So, the larger picture is will this rewrite U.S. arbitration laws? It would need to & I doubt it. It would almost certainly be overturned on appeal.

  84. I find it comical that anybody thinks the NFL could lose anything here. That’s like saying a prosecutor would “lose” anything if a convicted criminals sentencing was reduced.

    The NFL really has nothing at risk here. Brady is the one suspended. What, Goodell could lose some power? So what? Goodell is making about $40 million a year and every NFL owner is a billionaire. So tell me again, what will the NFL actually lose?

  85. smasonsmith says:
    Aug 13, 2015 2:23 PM

    they have the testimony of the ball boys that Brady told them to let the air out of the balls.
    ===
    Oh really.

    If that’s true, then why hasn’t the NFL put it into ANY of the myriad documents that it has generated on this subject?
    ——————————

    The NFL would have leaked it from the rooftops if they had any testimony of the sort.

  86. More useless drama because a couple knuckle heads were compensated by TB to deflate footballs, and when caught all 3 denied it ever happen. Zero honesty among the lot of them. I’m happy the league is taking a hard stand on the conspiracy and putting NE on notice that its stance of running rough shod over the rulebook will no longer be tolerated. Play with the same rules every other team does. You’re no special….deal with it!

  87. “It’s unclear whether the NFL is worried about this case operating as a de facto stripping of Goodell’s final say, but it should be”

    Doh!! No s*** Sherlock! Give that man a cigar, someone’s finally (I think) awake at the controls.

    It’s been obvious for some time that Brady and the NFLPA are trying to use this to scrap the current CBA. I don’t think that was their original intention but it certainly is now.

  88. How about 99% percent of unhappy people that lost money betting because Brady cheated?

    AH-HA!!! So the truth is out! Dude, you shouldn’t have bet against Brady/Pats. Hahahaha, you lost money, that’s why you are butt hurt! Hahahaha

  89. How about 99% percent of unhappy people that lost money betting because Brady cheated?

    AH-HA!!! So the truth is out! Dude, you shouldn’t have bet against Brady/Pats. Hahahaha, you lost money, that’s why you are butt hurt! Hahahaha

    ========================

    There are a legion of guys that have gotten “tucked” over the years with the NFL officials throwing the game to Brady.

    Patriot Fans…
    Cheating to win is fine.
    Cheating to win causing somebody to lose money – even better if they aren’t a Patriots fan.

  90. The real loser is Goodell. About five scandals ago things shifted from him trying to run the league to trying to keep himself from looking incompetent even if the league takes a black eye in the process. How many owners must now be privately wondering what kind of treatment their teams will get the next time they stray too close to some line? Will Goodell outright lie to make them look guilty? Force them to keep quiet about evidence that would help their case? Arbitrarily suspend star players with no basis in league bylaws? How can a guy who habitually does those things be commissioner?

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