No settlement in Brady case, Berman likely to rule Tuesday or Wednesday

AP

The settlement talks in the Tom Brady case haven’t led to a resolution, which means the decision on Brady’s four-game suspension will rest with Judge Richard Berman.

“We did not reach a settlement. The parties tried quite hard I think,” Berman said, via Stephen Brown of the New York Daily News. “In some case [a settlement] doesn’t happen. This is one of those cases.”

According to multiple reports from the Manhattan courthouse where the talks were being held, Berman said that his ruling is likely to come on Tuesday or Wednesday. The two sides had asked Berman to rule by September 4, less than a week before the Patriots will kick off their regular season against the Steelers.

Berman’s eventual ruling could uphold the suspension (while potentially allowing Brady to play pending appeal), wipe it out (which the NFL could appeal) or send the whole thing back for another appeal heard by someone other than NFL Commissioner Roger Goodell.

93 responses to “No settlement in Brady case, Berman likely to rule Tuesday or Wednesday

  1. Guilty of course … but can they escape their just punishment? Well OJ got off too so there’s hope.

  2. Integrity?

    Using replacement refs represents integrity to who?

    Coaches or players that bust their butt every week?

    How do Packer fans feel about the integrity Goodell held up by using replacement refs?

  3. The league’s goal here was to negotiate a settlement but to get precedent that rewrites the law of the shop and stops future player appeals. That is why there is no settlement…

  4. I’d put the odds at like 95% in Brady’s favor. Would be a huge and highly unexpected twist for Berman to rule in NFL’s favor, based on the questions we’ve heard and the poor answers provided by the NFL.

    Contrary to the NFL’s filings, and the media reports on this issue, a CBA does not give you carte blanche to ignore basic rules of procedure. An arbitrator is expected to be fair and impartial and to follow minimum standards of fairness and decorum. This is all laid out in principles of contracts, labor, and arbitration law.

    NFL needs new lawyers. Probably a new Commish as well. ESPN needs a new “legal expert”. We all need to move on to Game 1, which Tom Brady will almost certainly be starting.

  5. The league’s goal here was *NOT* to negotiate a settlement but to get precedent that rewrites the law of the shop and stops future player appeals. That is why there is no settlement…

  6. As Judge Berman pointed out already, we’re expected to believe McNally went into the men’s room to let .2 PSI out of 2 dozen footballs. Judge Berman also noted it’s a non-starter and there’s zero evidence. Goodell spent $10M+ over .2 PSI because he and the rest of the Patriots’ haters are in desperate need of remedial math and science classes.

  7. When the Judge slaps Goodell with a favorable verdict for Tom Brady, the NFL needs to fire this stupid clown!

  8. From the beginning of this case, both sides were obviously better off losing via the Court rather than settling. As such, there just wasn’t going to be a settlement.

    Both sides must know by now with reasonable certainty how Judge Berman is going to come down on this. It has gone so badly for the NFL that I suspect they may actually be relieved if the suspension is vacated AND they are prohibited from re-investigating/re-penalizing.

    Best guess; it is Vacated tomorrow.

  9. Seems Hatenation might be happier if the truth comes out and Justice is done when Brady plays.

    Just think, you can spend the next ten years using this as your excuse.

  10. This could go either way. I know judges don’t like to get in the middle of CBA disagreements and don’t like to overturn rulings like this, but at the same time, the NFL has made so many ridiculous missteps in this “investigation,” I find it hard that the judge can uphold the suspension.

    Hopefully he makes a ruling and doesn’t send it back for another arbitration under someone else. This has been dragged out long enough.

  11. The Commish had the power to do what he did—NFL wins…..but there is a lot of room for debate about how he did use that power in this case…

    looking for an all or nothing ruling—all four games or no games for Brady

  12. this started out as silly – the ‘writers’ got together with the nfl big-wigs and said “let’s keep it going for some off-season laughs” and they figured out Brady would at some point roll and he hasn’t, the nfl is down to trying to save face and asking Brady to help them, he is refusing, the ‘writers’ have elevated the strange case of the deflated balls to a ‘saga’ and Eric Kramer who used to play for the Bears a few weeks ago tried to kill himself because of depression relating to concussions while he was playing, and this pathetic little thing goes on

    And on opening day people will pay huge money to watch these clowns again.

  13. Only one person here has brought the game into disrepute. His conduct is deplorable. Sadly, the owners, minus Kraft, Brady and Sean Payton, love him. Atlanta particularly love him, a 5th round pick for pumping up sound, it’s barely even a slap on the wrist. Still, the players were dumb enough to agree to Goodall having the final say, they have got what they agreed to.

  14. Once again, as expected. Here’s hoping some of the homers begin to wake up, but I’m not holding my breath on it. I suspect they’re preparing their next line of bs-defense.

  15. My guess is Judge Berman knew the scammers that run the NFL werent going to settle so he wrote his verdict over the weekend. He knew the NFL had no evidence and werent going to try to produce anything that could implicate Brady.

    On top of the sham appeal hearings Goodell, Pash and NFL attorneys ran in addition to the idiotic interpretation of texts that had nothing to do with anything other than 2 equipment guys heckling and smack talking with each other.

    In addition to Goodell not providing Brady an impartial hearing and violating the CBA over and over again. Goodell and the NFL not providing Kessler access to witnesses or their notes. Pash conveniently editing the Wells report.

    Smells like another loss in a real court for the corrupt NFL. Nice try clowns.

  16. One of the things that we have heard over and over is that the judge is limited in the information that he can use in making a decision and that he must give the highest accord to the arbitrator.

    All of that being said it really would make sense for him to hit the reset button that he has available – specifically send the appeal back to be heard again by an impartial arbitrator. This seems like a decision that would clear up so many of the problems in this case. It also seems like it is, at this point, the only decision that he can make with the possibility of avoiding a long and costly appeal in the Federal courts.

  17. Brady is a cheater by .000000000004 PSI. Yeah lets have a 5 mil investigation and spend another 10 mil on lawyers for .0000000000004 PSI. Roger is a super genius!

    Let’s hand out 32 Lombardi’s a year for the liberal fans from other teams.

    Make America Great Again!!!

  18. The only surprise here would have been if there was a settlement. Expect an appeal if there is a ruling, vacating the suspension pending a referral to neutral arbitration is probably the best course from the judge’s standpoint.

    This is all about setting a favorable precedent from the league’s standpoint and preventing one from the NFLPA’s so it makes sense that they would go all in.

  19. Floratiotime:

    I assume you are referring to the Goodell, the NFL and the Kangaroo Court they ran. Their “just punishment” is to be excoriated by a Federal Judge.

    But we’ll see if they get off like OJ did…

  20. Please go through the Wells report, go through the texts between McNally and Jastremski, and keep in mind that McNally, as game day clubhouse attendant, had NO JOB RESPONSIBILITY TO EITHER ADD AIR TO, OR REMOVE AIR FROM A FOOTBALL, EVER! And then ask yourself:
    Why is McNally so angry about Brady complaining about the air pressure in a football?
    Why does McNally threaten to make the balls “rugby balls” and “watermelons” for the next game, as Jastremski tries to calm him down and offer him gifts?
    Why does McNally, as game official locker room attendant, WHO BRADY DOES NOT KNOW, then actually get special gifts like signed footballs and a game used Brady jersey personally from Brady?
    Why are they even talking about providing McNally with needles?
    Why does he call himself the deflator?
    Why does the deflator jokingly threaten about going to ESPN if he doesn’t get gifts?
    Why does he forget to tell the investigators about the pit stop, until they confront him with video showing that he did?
    Why did his stories change about why he didn’t use the restrooms close by?
    Why did he take the balls without telling the referees?
    Why was Jastremski so stressed out the next day, if he just submitted 12.5 balls to the refs and knew nothing else happened?
    Why did he suddenly become Tom Brady’s best buddy with multiple phone calls, texts, and his first ever visit to Brady’s office?
    If you were asked directly if you cheated, and you were angry about being accused of something YOU DID NOT DO, would you ever answer, “I don’t think so”?
    If everyone involved was as pure as the driven snow, why would the Pats EVER accept the punishment?
    If they truly did nothing wrong, why were the fall guys suspended – probably ending their NFL jobs?
    And why isn’t Kraft making long winded, angry pleas about THEIR reputation?
    And if they were innocent, who would tell them not to tell their story to let them try to save their jobs/reputation? And why would they listen?
    And for heaven’s sake, if all of this is innocent coincidence (right!), and the case against Brady is almost entirely built on these two guys, then why, why, WHY wouldn’t you bring them to the appeal hearing to set it all straight, instead of making them seemingly disappear?
    “Ideal gas law!” “Chris Mortensen!” “Gloves don’t fit!” Please.

  21. If the judge rules in favor of Brady, then wouldn’t that set a precedent to have ANY punishment issued by the NFL (to its players) challenged in court.

    I doubt the courts want this.

  22. I will bet that the NFL will cave and drop the case against Brady, and that Brady’s admission of not cooperating will be the vehicle the NFL uses to administer a stiff fine on Brady. Brady pays the fine, receives no suspension and this whole thing goes away. The NFL has to blink and has to fall on their sword. There is no other option for the NFL. Risk the embarrassment of having Berman throw the book at them or settle. I believe they will settle. The NFL has played this out as far as it can go. We will see.

  23. The footballs were never improperly deflated. There never was a lie by Brady or the Patriots. The lie was perpetrated by the Colts, NFL and their attorneys. Those facts are not ‘homer’ thought patterns. It happens to be the truth backed up by science and the actual facts that would be required in any court of law. Assumptions predicated on what you would like to have be the truth due to your displaced, irrational hatred of the patriots and Tom Brady is a sign that you need serious psychiatric care.

  24. How many people just want Brady to be guilty? I mean you really dont care if he did what he’s accused of or not…you just want him to be punished because you dont like him as a player?

  25. The New England Cheatalots are the lowest organization in sports. Cheat to win is the only way they can compete. It’s been proven again and again.

    #nolegitSuperbowls

  26. nbptma1 says:
    Aug 31, 2015 11:33 AM
    Integrity?

    Using replacement refs represents integrity to who?

    Coaches or players that bust their butt every week?

    How do Packer fans feel about the integrity Goodell held up by using replacement refs?
    =======================================
    How about appointing Rich McKay back to head up the Competition Committee after his organization admitted to piping in artificial crowd noise at home games?

    Lying about not having the Ray Rice video.

  27. OK so one more day and a wake-up till Brady is exonerated. Getting Mara to show up was a good ploy. Rest of owners now know they will be involved and subject to the same ridicule that Narcissist Goodell has been experiencing. They won’t stand for that. They will settle and fire Goodell and then go lick their wounds. Best result all around.

    And Limakey agrees with me on this without question. I think.

  28. Nobody’s gonna like this, but:

    The NFL completely botched the “investigation”.

    Despite that, Goodell clearly has the support of the majority of the owners, and those owners and Goodell strongly believe Brady lied and destroyed evidence. That’s why Goodell is not backing down. If the owners didn’t support Goodell’s decision, he would have already settled.

  29. An accusation is all the haters need to say all 4 rings are tainted. Its funny. Get over it. Its a pound or 2 in a few balls. (just like the colts) that has no bearing on the game at all. Even the judge said it. He said 2nd half they did better with legit balls orrect? Thay had to agree..its true. It had zero impact on the game. Clearly. This is nothing but a witch hunt. Goodell is a complete jackass. He has to go all in at this point. He can come out saying..”hey i did what i could”

  30. Pats* fans and their never ending PSI arguments. Ever hear that quote “methinks the lady doth protest too much”. Look it up, doubt it will make sense to any of you, but g’head, give er a try!

  31. A member of the media needs to ask Liar Boy, you have proven you are a compulsive liar. Why do you think you should have the privilege of statying on as Commissioner if the owners dont fire you first?

    Id love to see Liar Boy, say as you know, lie lie lie.

  32. I’ll admit I’m not up on everything, but I don’t understand why this whole thing has become a “legal” issue. He’s a member of the league, the league found him guilty of breaking the rules and he got suspended. Seems to me it would end there. If my employer writes me up for being late to work, can I go to court and challenge it? I just don’t understand why the courts are tied up at taxpayer expense to decide if Brady can play or not. Take your lumps Tom, take a seat on the bench and learn from it.

  33. Hey yousyourcranium, I like your line of questioning but this case is so far beyond deflating footballs.

    Let me ask you why other equipment type violations like sticky towels or warming footballs or even the use of stickum and or silicone are ignored or punished lightly.

    I’ve said from day one that I don’t doubt Brady asked the equipment guys for softer footballs. Whether they went too far will never be known, at least from this comedy of errors NFL / Wells report.

    Joe Thomas said it best “66 in a 65 zone punished by the death penalty ”
    This was never about integrity, the NFL has none. This is about sticking it too a franchise that everyone is tired of seeing in the AFC CG year after year.

    If the Pats make the AFCGC again would you watch? Probably not, just like thousands of other haters. That’s bad for ratings and bad for the NFL.

    The NFL found a convenient way to bring parity to the AFC and embarrass a hated player and owner along the way.

  34. richndc

    By that logic ALL innocent people are guilty. Because, after all, when they are accused they “protest” their innocence.

    Good thinking on your part. Everyone who says they didn’t do it, did.

  35. smarpostadmin,

    The NFL is NOT Brady’s employer…

    But playing along with you, YES if your employer docks you $2 million for something you didn’t do and your employer can’t prove you did, then YES you can go to Court. This is America. You have rights.

  36. The 60-100 people on here that still believe that the Patriots cheated, I hope you never find your way on to a jury.

    All the evidence points to NFL engineering this entire sham from the get go. From excluding the ball boys’ testimony from the report to an entirely corrupt arbitration process, there’s no level the NFL did not stoop to in order to hammer it’s agenda home. Seriously – you don’t see that? You would rather go with the NFL’s position that “he probably knew…”??

  37. Why did the NFLPA agree to the CBA only to turn around and sue it court when it doesn’t go its way?

    For all those arm chair legal analysts saying Brady is going to win based on the judge’s questions, there is plenty of examples of cases going the opposite way. Questions are merely probes into the legal case, not necessarily an indication of which way it is going.

    Like it or not, the CBA gives Goodell the power to do what he is doing and any judge, even a closet Patriot fan, can hardly turn his back on a legally agreed upon CBA.

  38. Despite what the judge believes about Goodell’s abuse of power, he has no option but to uphold that power given by the CBA. THAT is why he has pushed for a settlement! THAT is why the NFL has stood its ground! THAT is why Brady will not play opening day unless his suspensions is suspended pending appeal. Shouldn’t have cheated in the first place!

  39. Doesn’t matter what the ruling is. Brady and the Pats are cheaters. Anybody and everybody outside of Boston knows this. Still, zero legit superbowl wins. What a classy franchise.

  40. Watching the up-down vote i this thread is interesting. Last year the swing would have been against Brady and the Pats, now it’s running well into their favor.

    I can see why. The Colts balls were just as underinflated which tells anyone bothering to think it was probably the NFL that caused the pressure problem not the Patriots.

    Well, or that the Colts were also cheating and the NFL doesn’t care if anyone but the Patriots cheat.

  41. The last thing any pro football fan should want is a settlement.

    I don’t know how much affection Berman has for the sport. If he had any at all before 2006 he’s compelled to vacate the NFL’s ruling – he has to vacate the Personal Conduct clause entirely.

    It’s not a matter of what’s just anymore. It’s an opportunity to save the sport from this management.

    Maybe if he rules Brady’s way the owners will fire Goodell, leave the players in place and quit making stupid rules.

    Vacate the Personal Conduct clause now, figure out the written ruling later.

  42. smarpostadmin says:
    Aug 31, 2015 12:39 PM

    I’ll admit I’m not up on everything, but I don’t understand why this whole thing has become a “legal” issue. He’s a member of the league, the league found him guilty of breaking the rules and he got suspended. Seems to me it would end there. If my employer writes me up for being late to work, can I go to court and challenge it? I just don’t understand why the courts are tied up at taxpayer expense to decide if Brady can play or not. Take your lumps Tom, take a seat on the bench and learn from it.
    ———————————————————-
    This is the real problem, since the “Mort” report. All these sheep and haters just listen to the talking heads and sensational headlines, and take it all as gospel, because they can’t do their own research, with all the available information available, to make an informed opinion.

  43. If the NFL appeals it will show the entire world how petty and vengeful they are. There own lawyer admitted that they have no evidence. Judge Berman said there is no evidence against Brady. Every person who bothered to read the Wells report and Goodell’s appeal ruling knows that this has been a witch hunt since day 1. The Colts who started this, whose equipment people admitted measured the intercepted ball on the sidelines (a clear violation of the rule Brady is being castigated for) are laughing at how the played Goodell and his minions in the front office. Waste @1o million on deflategate when the total bill comes in instead of investing in better equipment or concussion research or relief….shame on the NFL!

  44. smarpostadmin says:
    Aug 31, 2015 12:39 PM
    I’ll admit I’m not up on everything, but I don’t understand why this whole thing has become a “legal” issue. He’s a member of the league, the league found him guilty of breaking the rules and he got suspended. Seems to me it would end there. If my employer writes me up for being late to work, can I go to court and challenge it? I just don’t understand why the courts are tied up at taxpayer expense to decide if Brady can play or not. Take your lumps Tom, take a seat on the bench and learn from it.


    If your employer accused you of doing something with NO evidence and then docked you a quarter of a year’s salary, you wouldn’t take him to court?

  45. Since I haven’t violated the TOS, I’ll assume it’s the length of my comment that’s getting it removed? Good news! I’m just going to post it in two parts!

    Part One….
    The only way the NFL can win this is on a legal technicality, because they sure haven’t won with facts, and this judge has seen right through that. If it stands up, it’s only because of Article 46. Obviously as a Pats fan I want to see a complete vacation of the suspension, but I can live with Brady sitting for 4 games as long as Judge Berman absolutely flames the NFL in his decision, and rips the Wells Report and the whole process to shreds the way it should be. At this point, I just want all the morons across the country who only read headlines and don’t read any of the actual transcripts to hear FROM A FEDERAL JUDGE that this whole thing is garbage, regardless of who he rules for. It’s been an eye-opening and frankly frightening experience to see how easily led the American public is. (Continued…)

  46. Judge already got the NFL lawyers to admit they have no direct evidence against Brady. They only way the NFL gets the verdict is because of Article 46, not because of Brady’s guilt. Only person caught lying has been Goodell.

  47. yousyourcranium hit the nail on the head. the texts between the stooges are key. whether the nfl botched the investigation, the punishment etc., and overstated how strong their case was, are all legit questions. Goodell is clearly a clown. But those posting here just saying they’re sure the Patriots and Brady are 100% innocent are divorced from reality. Burying their heads in the sand on the texts.

  48. smarpostadmin says:
    Aug 31, 2015 12:39 PM

    I’ll admit I’m not up on everything, but I don’t understand why this whole thing has become a “legal” issue. He’s a member of the league, the league found him guilty of breaking the rules and he got suspended. Seems to me it would end there. If my employer writes me up for being late to work, can I go to court and challenge it? I just don’t understand why the courts are tied up at taxpayer expense to decide if Brady can play or not. Take your lumps Tom, take a seat on the bench and learn from it.
    ______________________
    But what if you got written up for something you never did because there were two timeclocks to punch in and the one you used was wrong (Pressure readers)? And your employer’s stance was that you had to prove that you were innocent? And you were on national news, ESPN, et al, dragging your name through the mud? And nobody believed you? All the while, your coworker (Indy) was late but nobody said a thing (underinflated balls on their sideline)?

    Read the Wells report. It is an absolute joke.

  49. Fine, I’ll do it in three parts…

    Part Two…..

    So many people have let ESPN make their minds up for them, a network that is in a direct financial relationship with the NFL, the same network that cancelled Playmakers at the behest of the league, the network that has on multiple occasions stated false reports of a Rams walkthrough taping as fact and then when the Patriots asked for the record to be set straight, they send Steve Levy out there to do it one time at 12:30 AM when most people are asleep. Like how do people not see how crooked this is?

  50. Part THREE (yeesh…)

    The answer is that most of them don’t want to see it because they’d rather see the most successful franchise in professional sports taken down a peg, because they can’t handle another team than their own winning so consistently, because the coach is gruff and guarded with the media (and why shouldn’t he be?), and because Tom Brady is living the dream that most of us don’t get to to a T. That’s what this is about, as far as public opinion. No one will ever admit that, but that’s the root of it. Either that or they’ve been misinformed the whole way by the major sports news outlet in the nation and are just the type of person to not question the source’s motives and just take everything at face value. Non-thinkers, essentially. Johnny Joe Jim Bob from some backwards state, sitting there with barbecue sauce on his shirt will just believe whatever Bill Polian and the Hate Squad say simply because they’re on TV and he wishfully thinks the Patriots are this crazy cheating organization that hatches all these dastardly schemes because his favorite team doesn’t look so inadequate if he can assign imaginary asterisks to titles, most of which don’t even work out on the timeline or are based off erroneous information, but whatever makes you sleep better at night, Johnny Joe Jim Bob. This whole thing has really shaken my faith in what constitutes “the average American.” Yikes.

  51. If judge Berman rules for Brady and vacates the suspension entirely, the league may appeal to a higher court. And conversely, if he rules for the league there is nothing stopping Brady from doing the same.

    The ONLY way to get this to any sort of an end game is for the judge to push this back for a binding arbitration by a neutral third party. Judges do not like to overturn labor arbitration findings, but that is not what this was.

    I’ve been saying all along that Brady (or any other players who have to appeal to the commissioner after the commissioner delivers punishment) never got arbitration. He got an appeal hearing. That isn’t arbitration. Arbitration, by definition, is a decision made by a third party who is agreed upon by both parties in advance.

    But even by pushing this back to binding arbitration will be a big blow to the powers allotted to the commissioner by the CBA. Regardless oif the outcome in the Brady arbitration, it will mean that anyone else that doesn’t like the results of their appeal to the commissioner can just take them to court and based on this precedent, should be sent to arbitration.

  52. smarpostadmin says:
    Aug 31, 2015 12:39 PM

    I’ll admit I’m not up on everything, but I don’t understand why this whole thing has become a “legal” issue. He’s a member of the league, the league found him guilty of breaking the rules and he got suspended. Seems to me it would end there. If my employer writes me up for being late to work, can I go to court and challenge it? I just don’t understand why the courts are tied up at taxpayer expense to decide if Brady can play or not. Take your lumps Tom, take a seat on the bench and learn from it.
    ———————————–

    It’s all part of the CBA.

    Most of the issue is that Boss Goodell is allowed to appoint himself as the arbitrator of appeals, which to this point hasn’t worked out to well.

  53. i hope that Berman orders that a neutral arbitrator take this case and that his name is Paul Tagliabue. He will decide the case based on a fair, unbiased assessment of all evidence possible. None of the league Bull —– and none of the Brady/Patriot bias will influence this man. I’ve been a lifelong Pats fan, but have personally disliked Brady. I didn’t mind seeing him get slapped around some at first, but it is obvious this has snowballed into nothing but a witch hunt. Tagliabue is the man to dole out discipline fairly if it is justified and to slap back the ears of the league if it is justified. If Berman makes the decision in this case, it’s headed for appeal. Please just give it to Tagliabue and pray this whole ordeal ends.

  54. They have texts as proof. Brady destroyed his phone rather than let it get subpoenaed.Patriots fired the guys responsible…if they didn’t do anything wrong why were they fired?

    Why do Pats fans think everyone is jealous or out to get them? Because you had a good decade of teams? Lots of teams have had a decade of success, you’re not the first, you’re not the best, you’re not going to be the last. You’re being targeted because your team does shady things! No other reason. I don’t hate the pats, but I can see the truth when it’s punching me in the face.

    Innocent people don’t lie about knowing people they talk to regularly and they don’t destroy evidence.

  55. The NFL should never use Ted Wells ever again. How much has this man been paid for the three ” independent” reports he have opinion on? Every player from NO was eventually re instated. John Martin comes out and admits he invented a fake persona so as to fit in and has had problems fitting in since he was 10. Now this. Texts from what equate to two ball boys and no actual solid proof Brady did anything

    For all three investigations the NFL paid out around 15 mil I believe and in all three instances Wells either ignored important information I mean it’s a joke. It really is. In all three investigations the NFL paid Wells and in all three in estimations Wells gave opinion against the players and sided with the NFL. That’s more then just coincidence IMO

  56. mototax says:
    Aug 31, 2015 12:58 PM

    Despite what the judge believes about Goodell’s abuse of power, he has no option but to uphold that power given by the CBA. THAT is why he has pushed for a settlement! THAT is why the NFL has stood its ground! THAT is why Brady will not play opening day unless his suspensions is suspended pending appeal. Shouldn’t have cheated in the first place!
    ============================

    Exactly right.

    The judge is pushing the NFL because he knows he can’t rule against them and wanted a settlement.

    Sorry, but your owner admitted you cheated, not once but twice.

    Actions speak louder than words and paying fines and forfeiting draft picks are not actions of innocence.

    The real problem here is that though duplicitous, this was not Brady’s idea – it was Belicheat and it was for the fumbles.

  57. jag1959 says:
    Aug 31, 2015 11:51 AM

    The only surprise here would have been if there was a settlement. Expect an appeal if there is a ruling, vacating the suspension pending a referral to neutral arbitration is probably the best course from the judge’s standpoint.

    This is all about setting a favorable precedent from the league’s standpoint and preventing one from the NFLPA’s so it makes sense that they would go all in.
    ——————————————–

    There are only two sensible courses of action for Judge Berman to take, and either one of them will end up with Tom Brady winning.

    Either he sides with Tom Brady outright, or sends it back before a truly independent arbitrator, who will promptly side with Tom Brady, after seeing all of the material that the NFL denied to Kessler the first time around.

    Every move the NFL has made in this fiasco has been the absolute wrong one.

    That’s what you get, though, when the league office is run by a bunch of bozos associated with the Jets franchise.

  58. “They have texts as proof. Brady destroyed his phone rather than let it get subpoenaed.”

    Umm, you mean the phone the league had already examined and told Brady they no longer wanted to examine further ?

  59. But even by pushing this back to binding arbitration will be a big blow to the powers allotted to the commissioner by the CBA. Regardless oif the outcome in the Brady arbitration, it will mean that anyone else that doesn’t like the results of their appeal to the commissioner can just take them to court and based on this precedent, should be sent to arbitration.

    The problem is with the man exercising the powers. Goodell cannot help but abuse power. He could have railroaded Brady and gotten away with it if he hadn’t tried to impose a 4-game suspension. And that’s just scratching the surface of all the procedural mistakes Goodell has made.

    Ultimately, Goodell is not a good person when it comes to legal matters. He seems to have a child’s understanding of what the limits are to his powers as commissioner. As Judge Doty pointed out last week, it’s not clear that Goodell even understands that there is a CBA. He rules the NFL like Eric Cartman. “I do what I want! You must respect my authoritay!”

  60. Despite what the judge believes about Goodell’s abuse of power, he has no option but to uphold that power given by the CBA.
    ===

    Goodell has gone well beyond the powers given by the CBA. That’s what this legal case is actually about. Don’t get your legal analysis from anybody working for ESPN.

    And let’s not forget that Goodell has lost in court three times over the past twelve months.

    So clearly there are some people in the judiciary who think that they have an option other than upholding whatever Goodell says.

  61. harrisonhits2 says:
    Aug 31, 2015 3:52 PM

    Umm, you mean the phone the league had already examined and told Brady they no longer wanted to examine further ?

    ————————-
    I’ll bite. No.

    Brady turned over the phone that he used before the phone he was currently using.

    Then destroyed his current phone citing it as a normal occurance without explaining why his previous phone was not destroyed.

    If you can find where the league had possession of the phone he used during the playoffs and superbowl, have at it. I would love to hear it.

  62. Judge Berman will rule in favor of the players union and Tom Brady. Goodell violated the CBA.

    It was easy to show the NFL violated the CBA , Goodell ignored the stated penalty of $25,000 for a ball violation. This penalty has been applied before, and never before did the NFL suspend players for ball violations.

    In addition the NFL failed to investigate the Colts, even though the Wells report indicated the Colt balls were also under inflated. It is not legal to selectively enforce a rule, as the NFL has done.

    If Brady is suspended for the actions of others, then Andrew Luck should also be suspended for the action of others. As the NFL admits it has no evidence of a conspiracy, they believes no evidence is warranted for a suspension…yet this violates the CBA. they must have a fair process, and the players union has shown the process to be unfair and without precedent.

  63. all the nfl ball dudes are unhappy about new procedures. billion dollars business can figure thiis simple thing out

  64. If the judge was going to rule for the NFL, he would have done so from the bench. The NFL is toast.

  65. borbinski says:
    Aug 31, 2015 5:01 PM

    all the nfl ball dudes are unhappy about new procedures. billion dollars business can figure thiis simple thing out
    ————————–

    The referees are the ones that are going to be unhappy. That is, if the NFL is actually going to make them do their jobs and hold them accountable.

  66. I fully expect Brady to win this case. He’s been coddled by the NFL for years, and this time will be no different. He’s basically untouchable, and he knows it, and so does the judge. He can do whatever he wants with no fear of punishment. It’s a shame, but that’s the way it is.

  67. William, I fully believe Brady will lose. He had no defense other than his word and threw JM and JJ under the bus. The judge said both sides and strengths and weaknesses, yet he failed to name any of Brady’s weaknesses. He just focused on the NFL’S, which does not bode well for Brady. The judge appears to believe the balls were tampered with and this is not an equipment violation.

  68. limakey says:
    Aug 31, 2015 6:50 PM
    William, I fully believe Brady will lose. He had no defense other than his word and threw JM and JJ under the bus. The judge said both sides and strengths and weaknesses, yet he failed to name any of Brady’s weaknesses. He just focused on the NFL’S, which does not bode well for Brady. The judge appears to believe the balls were tampered with and this is not an equipment violation.
    ______________________________________
    Well I will admit two things about you limakey, you stand your ground and you are consistently wrong.
    Brady obviously wins. Judge Berman can’t stand by and abide the type of abuse Goodell has exhibited. It’s why he called Mara in as well. Just to ensure that the NFL is getting the undiluted version of his verdict.

  69. Just a quick reminder.

    1) The Pats were caught stealing defensive signals in 2007. They fessed up got fined lost a #1 pick and went on their way. Since then they’ve been in 3 Super Bowls, winning one and losing two.

    (Question – can any other team make that claim?)

    2) Teams have been stealing signals from each other – at all levels – since the invention of dirt. If your team isn’t doing it – they should be.

    3) They’ve been accused multiple times of multiple sins but NOTHING has ever been proven. They’re a convenient target, but NOTHING has ever been proven.

    4) They won the 1st half 17-7, and managed to squeak by in the 2nd 28-0.

    You haters – as always let me sign off with – you bring the whine, we’ll bring the cheese

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