Berman: Goodell “may be said to have dispensed his own brand of industrial justice”

AP

Judge Richard Berman did not directly address whether or not NFL Commissioner Roger Goodell was sufficiently impartial in his decision to uphold Patriots quarterback Tom Brady’s four-game suspension on appeal, but he did take issue with the way Goodell wielded his power in the Thursday ruling nullifying the suspension.

While discussing reasons why a judge could overturn an arbitrator’s award under a collective bargaining agreement, Berman notes that an arbitrator “is not free to merely dispense his own brand of industrial justice.” He also notes that the “law of the shop” in the NFL is for players to be made aware of prohibited conduct and potential discipline, something that Berman finds the NFL did not do in regard to Brady. Furthermore, Berman cites former NFL Commissioner Paul Tagliabue’s ruling in the Bountygate case that he knew of no cases where the NFL suspended a player for failing to cooperate with an investigation.

“Because there was no notice of a four-game suspension in the circumstances presented here, Commissioner Goodell may be said to have ‘dispense[d] his own brand of industrial justice,'” Berman writes in his decision.

Taken on top of Berman’s finding that the league’s investigation into the entire affair was not as independent as they maintained throughout the process, the ruling does much to cast doubt on the NFL’s process of and/or interest in reaching the fairest conclusion for all involved.

54 responses to “Berman: Goodell “may be said to have dispensed his own brand of industrial justice”

  1. Justice will still be served. Refs will now look the other way and let Brady get roughed up a bit. He no longer gets to be wrapped in bubble wrap and untouchable.

  2. So the balls were and have been deflated by order of Tom Brady for years. Okay, just wanted to make sure we’re all clear on this. Proceed.

  3. Brady has not been exonerated. Please PFT get an article out explaining this. The judge had a problem with the process not the substance! In the 40 page report there is no where that says Brady has been proven innocent!

  4. Former Jets employees are involved so you knew it was going to be an epic failure. Goodell shall henceforth be known as the Denforcer.

  5. Brady still a cheat just wasn’t warned not to cheat. Go BELICHEAT and Patriots maybe the fourth time you cheat you will get punished

  6. This is great news. Now we can get the two suspended locker room guys to open up about what happened. Oh, right locked in a house up in Maine somewhere collecting checks from the Patriots for life.

  7. So Rog, what do you think losing this case is going to cost you and will the other 31 owners laugh at you before or after?

  8. Dispensing his own brand of industrial justice makes it sound too much like Goodell is the corporate version of Batman. I also can’t approve of saying that his actions were based on a personal vendetta.

    I feel much more comfortable with saying that Goodell pulled this “scandal” out of his backside to redirect the national attention span away from domestic violence and it blew up in his face spectacularly.

  9. Funniest part of this whole thing is that Brady was not made aware of a rule and penalty that he and Manning helped to change. He didn’t get the manual. Ok then. Lawyers winning.

  10. .
    Berman saw it for what it always was : Goodellbot acting under the orders of Bisciotti, Mara, Irsay, Rooney, Johnson, McNair, Jones, and Ross.

    Ironically, all except the Baltimore Babies are on the Patriots schedule.

    I’d snap my helmet on tightly when your teams take the field to denounce Brady as a cheat and a liar.

    Let’s hope that backroom weasel, Dan Rooney, gives a lengthy press conference prior to the season opener. He could point out Berman’s mistakes. He could reattest to the independence of the Wells Report. And most importantly, he could present his independent evidence which proves conclusively that Brady lied s, cheated, and was involved in a scheme to hawk memorabilia.
    .

  11. Brady is a cheater, the pats are too, but they got this one right. The punishment didn’t fit the crime. Basically a pawn to keep the NFL in the headlines all summer. Win

  12. I believe that this screenplay was written and performed by the NFL, with the Patriots, TB and the judges performing in starring roles.

    You’d be a fool to believe that TB would be absent on NFL’s opening night. NBC wouldn’t have that at all. Ratings equate to money and money is more important than anything – even integrity – to the league and its owners.

    Does Robert Kraft get his $1M refunded, too? I bet that The League conveniently forgot to cash it.

  13. roger goodell having sole disciplinary power is the best thing that ever happened to the NFLPA.

    kessler doesn’t care about tom brady, he cares about getting the commissioner’s rights unilaterally removed from the cba without having to bargain anything away. (undefeated in court!)

    nice work, roger and your gang of ivory tower stooges.

  14. While it’s true Brady has NOT been exonerated, the judge clearly questions the independence of the Wells report itself – that does speak for something in terms of exoneration.

    Haters gonna hate.

    BTW, where is Chris Mortensen today?

  15. The bottom line is that an “Independent” judge thought that the NFL’s investigation was a farce. He had no dog in this fight. Get over your hate people, read the ruling and open your minds to what the NFL tried to pull over on one of the teams of the league. It was a which hunt.

  16. If I were Goodell, I would issue absolutely NO discipline this year, no fines, no nothing. If defensive players tee off on QBs and injure them, I’d say, “Nope, apparently I don’t get to issue discipline. Check with Judge Berman.”

    If people are hitting with their helmets, taking out peoples’ knees, ending careers, Goodell ought to say, “Apparently I have no jurisdiction when it comes to discipline. If your career is over because of rules violations, talk to Judge Berman.”

    If the Commissioner can’t issue discipline when it has been agreed to in the Collective Bargaining Agreement, I think that chaos will rule. Every disciplinary decision is going to be appealed–every one of them. So Goodell, just back off and do nothing this year. Let’s see how that works.

  17. All the cryin tears from the haters are warming my heart!! The clown was exposed…. What a GREAT day!

  18. Just like Tuck Rule…Tom Brady issues in a new era of ridiculous just because of protecting Tom Brady. Now every time somebody gets suspended…Oh my…lets find Judge Berman.

  19. To all the haters claiming the Pats are “cheaters”. Beyond taping signals from the wrong field location in the 1st quarter of the 1st season it was not legal…..what else you got?

  20. birdgang says:
    Sep 3, 2015 12:13 PM
    Brady has not been exonerated. Please PFT get an article out explaining this. The judge had a problem with the process not the substance! In the 40 page report there is no where that says Brady has been proven innocent!
    —————————————
    There is nowhere in the Well’s Report that proves that Brady is guilty. Innocent until proven guilty man, please leave your hatred at the door.

  21. swagger52 says:
    Sep 3, 2015 1:12 PM
    Just like Tuck Rule…Tom Brady issues in a new era of ridiculous just because of protecting Tom Brady. Now every time somebody gets suspended…Oh my…lets find Judge Berman.
    —————————-
    Or you could try judge Doty if you prefer, in fact it doesn’t really matter which Judge or court that you want to hand pick, the NFL will lose every time!

  22. .
    @swagger52

    To quote Tom Brady to a sobbing John ( babycakes) Harbaugh :

    Learn the Rulebook !!!
    .

  23. Swag 52: you forgot one little fact…,the NFL picked the NY court, not the union.

    Another road win for swag 12 ….if you’re gonna whine like harbaugh, at least have your facts straight.

  24. Justice was served by Judge Berman

    Goodell ignored the CBA and was held accountable for his poor decisions and malfeasance against the players union.

    Glad to see Tom Brady exonerated and Goodell put in his place by a federal court.

    The NFL’s kangaroo court loses again and again…they continue to violate the CBA and continue to be found guilty of such in the courts. Goodell should be forced to resign, as would any CEO who is a repeat offender.

  25. To all the haters that said: “Brady will never take this to court” and later said: “Brady will get killed in court” I have one question: “How do you like your crow served”?

  26. Brady has not been exonerated. Please PFT get an article out explaining this. The judge had a problem with the process not the substance! In the 40 page report there is no where that says Brady has been proven innocent!

    ————————————————————-
    Just like there is nowhere in the Ted Wells report stating Brady is guilty.

    #read the flawed report

  27. It doesn’t say he was innocent. It does say the document the NFL tried to use (Wells Report) to show he was guilty was not completed by an independent party. If that wasn’t independent, then the Brady side should have been allowed to show their side of the story. Since it wasn’t independent, everything in it is skewed to show guilt.

    Get a clue.

  28. birdgang says:
    Sep 3, 2015 12:13 PM
    Brady has not been exonerated. Please PFT get an article out explaining this. The judge had a problem with the process not the substance! In the 40 page report there is no where that says Brady has been proven innocent!
    ____________________________________
    This is correct. But it is absolutely ludicrous to assert that he has been proven guilty as well. What has been condemned it the process which alleged his guilt. That process has now been deemed legally insufficient. Draw your own conclusions from there.

  29. Justice was served by Judge Berman. He helped exonertae Brady by forcing the NFL to admit in a court of law they had no evidence against Tom Brady. This is now part of the court records. Brady was innocent of all charges.

    Goodell was again found guilty of violating the rights of players. The union keeps winning in court because Goodell runs a kangaroo court

    Almost seems like Goodell wants to lose in court, so he can appear to be tough on players, knowing his unfair penalties will be vacated anyway.

    Hopefully McNally and Jastremski take Ted Wells and Goodell to court now and win a big defamation lawsuit against the NFL for their deceptions and lies.

  30. Let this be a lesson to all NFL players. It’s better to punch your significant other in the face as opposed to being “generally aware” of some ridiculous rule and process that doesn’t provide an unfair advantage on the field.

  31. daysend564 says:
    Sep 3, 2015 12:07 PM
    Justice will still be served. Refs will now look the other way and let Brady get roughed up a bit. He no longer gets to be wrapped in bubble wrap and untouchable.

    ________________________________________

    Kind of like they looked the other way when he was deflating footballs?

  32. Goodell is a buffoon. A true lackey to the owners and imbued with his own god like complex. Time to cut this clown and his 40 million plus salary loose.

  33. To all the haters claiming the Pats are “cheaters”. Beyond taping signals from the wrong field location in the 1st quarter of the 1st season it was not legal…..what else you got?

    ___________

    They got nothing. Literally nothing.

  34. Berman basically said Brady wasn’t made aware of the punishment for wrongdoing, so it’s okay. Or if not okay, the punishment was not okay.

    Or in Brady’s words, “I guess he’ll just have to read the rule book….” which will surely include all sorts of specific draconian penalties for those who sully the integrity of the game. So the league has something to fall back on next time.

  35. “Integrity of the game”

    Nonexistent

    This has been a farce since day one. The NFL, aka Goodell, knows that and they never should have started it. They knew it from day one and they must have assumed that Brady and the Pats would just roll over and play dead.

    Not.

    Since day one when the ‘writers’ and commentators have named this whole farce by the ‘d’ word, I have refused to call it that. I call it “The Strange Case of the Deflated Balls”, and today that seems MORE appropriate than ever.

    This farce was never about ‘the integrity of the game’, not from word one – this farce was all about ego, and a commissioner (way overpaid?) who got in WAY over his head.

    Hopefully he’ll come to his senses and let this die a natural death and withdraw the appeal, but I for one would have a little more respect for him if he were to turn his attention to the much more pressing issue of concussions problems suffered by former players, which have resulted so far in 2 suicides (that we know of) and the attempted suicide of Eric Kramer – last month.

    Or didn’t you folks get the memo?

    Q: – Which issue is more important in your opinion, and which issue has the press been covering past nauseam without saying a word about the other?

  36. Goodell’s brand of justice is arbitrary justice. He may dish out disproportionally harsh punishments on some players and owners he doesn’t like and fails to punish people he likes. Marshawn Lynch was never penalized for pleading guilty to reckless driving after being arrested for DUI, but the Colts owner was suspended for being arrested for DUI.

  37. I just thought of something funny. What if Goodell walked into his appeal and saw Berman, Brady and Kessler sitting across from him as his three 2nd Circuit Appeal judges? That would be funny—wouldn’t it.

Leave a Reply

You must be logged in to leave a comment. Not a member? Register now!

This site uses Akismet to reduce spam. Learn how your comment data is processed.