On Monday, the NFL and Patriots quarterback Tom Brady return to court for a third — and presumably final — hearing regarding the legality of the four-game suspension imposed in May on Brady. While Judge Richard M. Berman has done his best to try to push the two sides toward a settlement, there’s no indication that any progress has been made.
Then again, there’s no reason to make progress in advance of Monday’s in-court proceedings, where Judge Berman once again will try to twist arms. It’s already a deadline-driven business, and there’s no deadline like appearing in court before a judge who will be issuing a ruling soon, absent an agreement.
The NFL and NFL Players Association have jointly requested that Judge Berman issue a ruling by September 4, six days before the Week One game between the Steelers and Patriots. Judge Berman hasn’t promised a decision by then, possibly hoping that the uncertainty will push the two sides closer together.
A settlement remains possible even if not likely, especially if Judge Berman tells the two sides that there will be no clear winner and no clear loser if they force him to issue a ruling. For example, he could kick the case back for another appeal hearing with a different hearing officer, or he could rule in the NFL’s favor but enter an order allowing Brady to play while the appeal process above Judge Berman plays out.