At first, Judge Berman didn’t know what “the Brady case” was


The NFL opted to file the first lawsuit in the Tom Brady case, in order to keep it out of the NFL Players Association’s preferred jurisdiction of Minnesota. When the case landed in the United States District Court for the Southern District of New York, it was randomly assigned to one of the court’s 44 judges.

The case went to Judge Richard M. Berman. And his initial reaction was one of confusion.

“Judge, we’ve got the Brady case,” one of Judge Berman’s clerks told him, via the Cornell Sun.

I had no idea what he was talking about,” Judge Berman said. “I was really busy.”

Berman quickly learned what the Brady case was. He knew it was “unlike anything I had ever done,” so he knew he needed to handle the case a certain way.

“Everyone is watching,” Judge Berman said. “You need to bring your A-game.”

 Everyone was watching because pretty much everyone watches football.

“It captured the public’s imagination,” Judge Berman said. “I guess everybody is interested in football.”

But it wasn’t Judge Berman’s first high-profile case. And he had enough experience to know how to handle it.

“The high-profile cases are very different from any other cases you have,” Judge Berman said. “Everyone is watching you. Everyone is reading about it each step of the way, which is vastly different from the typical case, which nobody ever really hears about unless they’re specifically interested. You have to get adjusted to being in the spotlight. . . . If anybody tells you that they’re like any other case, that’s not true.”

Judge Berman didn’t view that as a burden.

“I was enthusiastic about working on the case, both the settlement aspect and the writing of the opinion,” Judge Berman said. “For me, it was a great experience.”

It was also a great experience for Tom Brady, the Patriots, and their fans. It wasn’t a great experience for the NFL, and it possibly won’t be a great experience for the NFL if the U.S. Court of Appeals for the Second Circuit reverses the decision and sends to back to Judge Berman for further proceedings — proceedings that would address unanswered (to date) questions relating to the fitness of Commissioner Roger Goodell to serve as the arbitrator in Brady’s case.

44 responses to “At first, Judge Berman didn’t know what “the Brady case” was

  1. People have pointed out this case wasn’t about what actually happened, it was about the crappy and corrupt process the nfl engaged in to “prove” Brady’s guilt, and that is true. But “some” people like to gloss over what Berman thought about what really happened that he made clear during the proceeding: Berman to nfl lawyer: “do you have ANY proof that the patriots engaged in any kind of conspiracy” the nfl’s lawyer: “No”.

  2. Some Haters are still confused that he didn’t accept Goodell and the Owner’s legal argument

    They thought it was clear that the standard of “Because I Said So” clearly established in the playground incident immortalized in the case of Timmy v. Suzi did not hold sway over Berman.

    I’m sure the 2nd Circuit will bow down before Goodell, overturn this travesty of injustice that overturned Goodell’s travesty of injustice and reprimand Berman for getting Nash to admit that the NFL had no real evidence against Brady

    Question – does Goodell still have “unquestioned integrity” like the NFL Bylaws say he’s supposed to in Article 8?

  3. Oh who cares. Football is back, baby! [insert your favored team] is going all the way this year! [insert hated rival] sucks eggs!

  4. Tom Brady is 1st player in NFL history to have all of these in a game:
    – Throw for 450 yards
    – 3 TD passes
    – 0 Int
    – 55 attempts


    With properly inflated footballs. LOL

  5. With the facts not in dispute, the appellate court will likely affirm or reverse without remanding the case for any further proceedings. Either Berman correctly applied the law or he didn’t.

  6. These two losses for the Patriots are proof they can’t win with properly inflated footballs

    (Wells asked the Refs if it was possible they remembered the score wrong, they said it was unlikely but possible – so Wells and Goodell are just going to assume the opposite of what the score said and assume the Patriots lost. GUILTY!)

  7. .
    It’s been reported that only 7% of appeals heard by the 2nd Circuit Appellate Court are overturned.

    It’s also been reported by several legal analysts that Judge Berman wrote a very tight decision, as he was well aware that it would be appealed.

  8. Like a chronic gambler who has now lost almost everything, Goodell is now putting his last dollar on an impossible odds bet for no other reason except perhaps to save some face in his distorted perception. No one cares: his reputation for incompetence with arrogance has been singed into the world’s consciousness through all five legal and mismanagement disasters, not just the latest, the Berman ruling. Goodell is making yet another disastrous legal decision. He is either poorly advised and/or plays at being his own attorney, in which case he has an idiot for a client.

  9. Just maybe an NFL owner/coach would agree to make a trade offer with BB that could help get him the QB he has always wanted. Garappolo’s Patriots & NFL training should only increase his value since other teams want to destroy the Pats present and future success. Example, several NFL owners were recorded to strongly supporting the NFL Commiss. drummed up charges against Brady & Pats, and wanted the Pats to suffer w/o Brady to start the season. That said, the Pats should only trade Garappolo for the highest bid starting at 2 – 1st. and 2 – 2nd. and 1 – 4th. rd. draft pick. Garappolo is worth more than the RG3 trade as a template (period). I want him to stay w/ the Pats but he is very good.
    GO PATS – NFL 2015 BEST TEAM – SB50 – GO PATS.

  10. Jerry Jones was outspoken in his support of goodell this off season. His two most important offensive players are out for half the season.

    Mara was not only outspoken in his support of goodell but represented the league in court. 0-2

    Ravens are 0-2

    I wonder how both the Jets and Colts could loose tomorrow?

    Karma anyone?

  11. Judge Berman is already the difference between 2-0 and 0-2. They would beat Jacksonville next week in any case. The Dallas game looks much easier now when you add #12 and take away Romo and Bryant, but Berman’s decision had a huge impact on the 2015 season. I also believe that Tom Brady is using all of this as motivation to shut up a lot of people and he’s done that before.

  12. Still waiting for the NFL ‘s explanation regarding the erroneous PSI levels they leaked to Mortenson. Why did the NFL allow those erroneous levels to be seen as the truth? Why did the NFL lie about the wells report being independent? Why did they lie about the appeal process , they wanted it sealed not Tom?!
    The biggest question is what are they hiding? Why couldn’t attorney Kensil see the investigative files & notes? Why wouldn’t they allow Pash to testify? It’s basic discovery that anyone who has watched “my cousin Vinny ” knows about. What are they hiding???
    As Mr Kaft said it was never about the truth, but rather proving the NFL right.

  13. @donny1rodriguez says:
    Sep 20, 2015 9:58 PM

    He didn’t know until the check from Kraft came

    Ignorant comment #1 of the day…Jagoff!

  14. eddievortex says:
    Sep 20, 2015 11:07 PM


    Wow! A real internet tough guy…PunkTroll.

    Hey eddievortex … referring to Berman as an American Hero is the most ignorant comment of the day. Just because he sided with somebody whose jock you’d like to sniff doesn’t make Berman a hero. You’re the “Punk Troll”.

  15. As a marine I have no problem with a pats fan making the American hero comment. I don’t think anyone, even the one making the statement, is tone deaf to who the real heroes are in this country. Getting butt hurt over the comment is a little lame

  16. The key was that Berman knew everybody was watching and he knew how hated a man Goodell is. Sometimes a judge has to go beyond what’s judicial, what’s legal. Like he said, “Everybody is interested in football.” He did what was right for the country, if not the courts.

  17. To crush you enemies
    To see then driven (crazy) before you

    and, my favorite,

    Wait for it

    To hear the lamentation of the women.

    Sounds better than that train horn. Makes mhy Monday commute a little less aggravating. Coffee tastes a little better.

    I can see clearly now the Bills have gone.
    Happy that Pats Haters have gone away.
    Bills got the beat down they’ve been asking for.
    Gonna be a bright, bright New England Day!

    Ya man!

  18. Right on Florio! The last paragraph of this post is critical. The NFL will likely drop the appeal because if for some reason they are successful on appeal (unlikely), it would come back to Berman’s court where he then could rule on the arguments he did not in his initial ruling (fitness of Goodell….). This is why I think Berma’s ruling is essentially appeal proof! Wouldn’t it be nice if the NFL is stupid enough to continue with the appeal and then a lot more stuff (emails, commmunications, notes…) is then subject to discovery. Then we would see the real ineptness of the NFL on a grand scale!

  19. let us remember that godell is just a puppet for the likes of mara (0-2) , jones (1-1 bad injuries), irsay, biscotti (0-2 and bad injury), and all the other owners who KNOW the patriots are cheaters.

    karma is coming full force to their teams, thank you Myra.

    but please stop the injuries

  20. senatorblutarsky says:
    Sep 20, 2015 11:27 PM

    Hey eddievortex … referring to Berman as an American Hero is the most ignorant comment of the day. Just because he sided with somebody whose jock you’d like to sniff doesn’t make Berman a hero. You’re the “Punk Troll”.

    Oh, so a guy dedicating 30 years of his life to upholding the law and the constitution, giving up a 7 figure corporate salary for the modest salary of a judge and working day after day during a part of his life when most people are playing bingo and shuffleboard doesn’t make him a hero? The guy is out there working every. single. day. to protect your freedoms and mine. If you don’t like it, screw you.

  21. “Everyone is watching,” Judge Berman said. “You need to bring your A-game.”

    This really came from the judge? I guess “A” stand for asterisk! But you have to give him credit. He didn’t declare anyone innocent or guilty. Just stupid.

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