Football Brady v. NFL: No Settlement; Judge Berman to Decide - Page 17

Amnorix · 08-31-2015, 01:45 PM

Can't find the old thread. Brady and Goodell were back in NYC today for settlement talks. No progress.

Judge Berman said he would likely decide "in the next day or two" and definitely before September 4th.

Interesting how the narrative among the national writers has evolved.

http://sports.yahoo.com/news/roger-g...180816187.html

NEW YORK – They arrived surrounded by lawyers, each wearing a blue suit and displeased expression. Here was Roger Goodell and here was Tom Brady back in federal court in a fight over power, ego and legacy, as much as whether the footballs were deflated in January's AFC championship game.

New York Giants owner John Mara came in an attempt to soften the face of the league's side a bit. Jay Feely, a long-time NFL kicker and friend of Brady's from back at the University of Michigan, arrived to stand by his side.

Once again, nothing worked. A private meeting in front of Judge Richard M. Berman yielded nothing. No one budged. No one backed down. No settlement was reached.
And now both sides roll the dice and sit and wait for a ruling.

"Tomorrow or the day after," Berman said of when he would likely announce whether to vacate Brady's four-game suspension. He assured it would come before Sept. 4, when both sides requested an answer so the New England Patriots can begin preparing for the season opener with or without their star quarterback.

So that's that, all or nothing, all or everything, all eyes on the court docket here.

For Brady it's either a quarter of the season lost or a measure of redemption gained. For Goodell it's either a reaffirmation of the totality of his authority or another humiliating public defeat.

There may be appeals and requests for stays and thus months still to go, what will be won, what may not be done. None of that minimized the tension and drama inside Berman's 17th-floor courtroom here on Monday, when a case that started as a curiosity on that playoff night boiled toward a milestone, if not a conclusion.

Berman clearly knows how he is going to rule and likely has much of the decision already written. He's read and heard it all over the past month. There were no new arguments on Monday. The chief attorneys, Daniel Nash of the NFL and Jeffrey Kessler of the NFL Players Association, both merely stood and praised the efforts of all sides even though, as sometimes happens, they just couldn't reach a settlement.

"This is a time Mr. Nash and I are going to agree," Kessler joked.

The inability to find common ground is not a surprise. Tom Brady was simply never going to admit he had any role in the tampering of those footballs, or even that the footballs were ever tampered with in the first place.

First off, after he said as much under oath and then introduced the transcript into federal court, doing so would risk a perjury charge. More importantly though, it would be a complete reversal, making him a liar and a cheat, crushing his image among not just fans but, most importantly according to those that know him best, his own children.

He also very well may be innocent. The NFL never produced much of a case against him, let alone that the footballs were even unnaturally deflated.

So the only way a settlement could go down was for Goodell to drop any demands for an admission of guilt. He'd have to settle for Brady merely acknowledging a failure to fully cooperate with the investigation. That, however, would be a serious concession from a commissioner who's built his career on cracking heads among misbehaving players.

So there was the irresistible force clashing with the unmovable object, each willing to lose in court as long as he could still save face.
It has been, if nothing else, a remarkable showdown of oversized personalities.

In court Monday, the two men, rich and famous and atop their chosen professions, refused to even look at each other.

When the session was adjourned, both were forced to awkwardly wait for the galley to clear out of media and observers, leaving them within a few feet of each other a couple table rows apart.

Brady stood first and wandered over to one wood-paneled wall of the ornate courtroom. He stuffed his hands in his pocket, looking as intense as any tight fourth-quarter drive. Feely stood by his side and the two eventually hugged.

Goodell, seated in front, stood slowly and also put his hands in his pocket, looking down and then turning in the opposite direction of Brady, trying to wear a face of nonchalance.

Eight months into this scandal, after swings of allegations and misrepresentations, of false media leaks and broadside-legal attacks, the distrust and disgust were clear: Two men known for their ability to smoothly glide through life, with fashion and fabulous hair, looked strangely uncomfortable.

No one ever wants to sit in this position, leaving it to another man, federal judge or not, to declare whether he or she is a cheat or a fraud or a bully or a bum.

Here these two are though, going down that awkward path together. Their lives are seemingly too charmed for this, yet they were like a couple of rivals on opposite sides of the schoolyard, unwilling to even acknowledge the other's presence in front of onlookers.

The stakes seem higher for Goodell, if only because his legal argument here is based on the 1981 Supreme Court decision MLBPA v. Garvey, which essentially prohibits judges from interfering with the decision of arbitrators even if they are horrendously flawed or based on inaccurate facts. Arguing you have the right to be a dictator isn't ideal in public relations terms.

As such, Goodell and the NFL could certainly prevail in front of Berman but do so via a ruling full of the same kind of harsh verbiage that the judge used during two prior public sessions.

It's clear that no matter which way Berman goes, he looked upon the NFL's judicial system in general, and the league's conduct in this case specifically, as lacking any semblance of fairness or competency. He could unload in the ruling and leave Goodell laid out, even if he's technically victorious.

That's the risk Goodell was willing to take. And one Brady is willing to go with, essentially entering the verdict stage with a two-pronged chance at redemption – either total or at least in the court of public opinion. A loss and a four-game suspension would hurt, but he could at least point to an impartial federal judge down in New York agreeing that Goodell is out of line.

It's certainly reasonable that the NFL initially erred when it failed to comprehend Ideal Gas Law and thus initially thought any Patriots football that measured below 12.5 pounds per square inch of inflation was a sign of nefarious conduct. It immediately went after a speeding ticket like a homicide case.

But by the time the league should've have dialed it back, it had already leaked prejudicial stories and begun building a case against Brady and two Patriots locker room attendants. The NFL never was able to find a smoking gun or much more than suspicions, but that didn't matter.

The NFL not only never backed down, it just kept doubling down, believing the full force of the league's power – both in the CBA and in its ability to manipulate national reporters – would overwhelm Brady.

The league may be correct and on the verge of a show-of-force victory. It may be wrong and headed for a comeuppance.

It's all up to Judge Berman now. Who knows what he thinks and who knows what he'll rule. On Monday he seemed eager to make it known though as he sent the two men in fancy blue suits off into the Manhattan morning, Goodell via a black Escalade, Brady in a Chevy Suburban. Each is left awaiting his word.

The QB v. the Commissioner, it's all or everything now.

**Mr. Kotter** · 09-03-2015, 09:14 AM

Quote:

Originally Posted by Amnorix

I wish it were. NFL will appeal, or else it will be sent back and the entire process done again.

If you think for a second that the NFL will simply take its loss and go home, you're definitely wrong. People accuse the Patriots of being arrogant, but the NFL is insanely arrogant. It's a big part of the entire problem with their discipline procedures.

The NFL is a business. Funny how they aren't allowed to run themsleves as other businesses do.

GoChargers · 09-03-2015, 09:14 AM

Quote:

Originally Posted by Amnorix

**DaneMcCloud** · 09-03-2015, 09:16 AM

Big shocker

Goodell should just let this go but knowing him, he won't. If the NFL appeals, I hope they lose again and again and again. But most importantly, the NFLPA has to stand up to the NFL during the next CBA negotiations so things like this don't even happen, again.

Amnorix · 09-03-2015, 09:16 AM

So Goodell was Kraft's "stooge" when he handed down an absurd 1st and 4th round pick forfeiture and $1 million fine for an equipment malfunction?

he was being Kraft's stooge when he handed down an absurd, and now vacated, four game suspension for the team's best player and star? The guy Kraft has referred to as his "fifth son"?

You're a ****ing moron. GTFO with that ridiculous BS.

**The Franchise** · 09-03-2015, 09:17 AM

Amnorix · 09-03-2015, 09:17 AM

Quote:

Originally Posted by DaneMcCloud

Big shocker

Goodell should just let this go but knowing him, he won't. If the NFL appeals, I hope they lose again and again and again. But most importantly, the NFLPA has to stand up to the NFL during the next CBA negotiations so things like this don't even happen, again.

yes. Can't happen until 2021, but NFL clearly needs a third party arbitrator. It's too bad, because if Goodell didn't overstep his bounds EVERY DAMN TIME, the system would work ok. But he just makes it up as he goes, and let's public opinion make the decision for him.

George Liquor · 09-03-2015, 09:18 AM

Quote:

Originally Posted by Amnorix

So Goodell was Kraft's "stooge" when he handed down an absurd 1st and 4th round pick forfeiture and $1 million fine for an equipment malfunction?

he was being Kraft's stooge when he handed down an absurd, and now vacated, four game suspension for the team's best player and star? The guy Kraft has referred to as his "fifth son"?

You're a ****ing moron. GTFO with that ridiculous BS.

Don't you have your own board?

WhawhaWhat · 09-03-2015, 09:18 AM

Quote:

Originally Posted by Pestilence

*

36*, 38*, 39*, 49*

**ChiefGator** · 09-03-2015, 09:21 AM

Quote:

Originally Posted by Mr. Kotter

The NFL is a business. Funny how they aren't allowed to run themsleves as other businesses do.

That is a bit of simplification.

Actually, the Patriots are an independently run business and the NFL is now also a (no longer non-profit) business and a "cartel" of 32 independent businesses, each with their own interests.

The CBA is what is important.

Amnorix · 09-03-2015, 09:22 AM

Oh another federal judge bitch slapped the NFL in a discipline matter.

Federal Judge Barbara Jones, in the Ray Rice situation.

Three federal judges and Taglibue. When will they ****ing learn?

Chromatic · 09-03-2015, 09:23 AM

**The Franchise** · 09-03-2015, 09:23 AM

Tom Brady is OJ.
The NFL is the case against OJ.

Hoopsdoc · 09-03-2015, 09:23 AM

Quote:

Originally Posted by MagicHef

Wow, I'm genuinely surprised. I wonder when the appeal will happen.

I'm not. I pretty much expected this.

Apparently, that deflator text really WAS about weight loss.

Amnorix · 09-03-2015, 09:23 AM

Quote:

Originally Posted by BDj23

Don't you have your own board?

CP is the only board I post to, so yes, this is "my" board. But I don't own it. Do you?

Amnorix · 09-03-2015, 09:24 AM

Quote:

Originally Posted by WhawhaWhat

36*, 38*, 39*, 49*

You get that the Spygate rule didn't even exist until 2006, which was two years AFTER the last of Super Bowls 36, 38 and 39, right?

And that the balls were obviously not deflated in SB 49?

other than that, your post makes perfect sense.

08-31-2015, 01:45 PM
Amnorix In BB I trust Join Date: May 2003 Location: Boston, Mass. Casino cash: $10029808	Brady v. NFL: No Settlement; Judge Berman to Decide Can't find the old thread. Brady and Goodell were back in NYC today for settlement talks. No progress. Judge Berman said he would likely decide "in the next day or two" and definitely before September 4th. Interesting how the narrative among the national writers has evolved. http://sports.yahoo.com/news/roger-g...180816187.html NEW YORK – They arrived surrounded by lawyers, each wearing a blue suit and displeased expression. Here was Roger Goodell and here was Tom Brady back in federal court in a fight over power, ego and legacy, as much as whether the footballs were deflated in January's AFC championship game. New York Giants owner John Mara came in an attempt to soften the face of the league's side a bit. Jay Feely, a long-time NFL kicker and friend of Brady's from back at the University of Michigan, arrived to stand by his side. Once again, nothing worked. A private meeting in front of Judge Richard M. Berman yielded nothing. No one budged. No one backed down. No settlement was reached. And now both sides roll the dice and sit and wait for a ruling. "Tomorrow or the day after," Berman said of when he would likely announce whether to vacate Brady's four-game suspension. He assured it would come before Sept. 4, when both sides requested an answer so the New England Patriots can begin preparing for the season opener with or without their star quarterback. So that's that, all or nothing, all or everything, all eyes on the court docket here. For Brady it's either a quarter of the season lost or a measure of redemption gained. For Goodell it's either a reaffirmation of the totality of his authority or another humiliating public defeat. There may be appeals and requests for stays and thus months still to go, what will be won, what may not be done. None of that minimized the tension and drama inside Berman's 17th-floor courtroom here on Monday, when a case that started as a curiosity on that playoff night boiled toward a milestone, if not a conclusion. Berman clearly knows how he is going to rule and likely has much of the decision already written. He's read and heard it all over the past month. There were no new arguments on Monday. The chief attorneys, Daniel Nash of the NFL and Jeffrey Kessler of the NFL Players Association, both merely stood and praised the efforts of all sides even though, as sometimes happens, they just couldn't reach a settlement. "This is a time Mr. Nash and I are going to agree," Kessler joked. The inability to find common ground is not a surprise. Tom Brady was simply never going to admit he had any role in the tampering of those footballs, or even that the footballs were ever tampered with in the first place. First off, after he said as much under oath and then introduced the transcript into federal court, doing so would risk a perjury charge. More importantly though, it would be a complete reversal, making him a liar and a cheat, crushing his image among not just fans but, most importantly according to those that know him best, his own children. He also very well may be innocent. The NFL never produced much of a case against him, let alone that the footballs were even unnaturally deflated. So the only way a settlement could go down was for Goodell to drop any demands for an admission of guilt. He'd have to settle for Brady merely acknowledging a failure to fully cooperate with the investigation. That, however, would be a serious concession from a commissioner who's built his career on cracking heads among misbehaving players. So there was the irresistible force clashing with the unmovable object, each willing to lose in court as long as he could still save face. It has been, if nothing else, a remarkable showdown of oversized personalities. In court Monday, the two men, rich and famous and atop their chosen professions, refused to even look at each other. When the session was adjourned, both were forced to awkwardly wait for the galley to clear out of media and observers, leaving them within a few feet of each other a couple table rows apart. Brady stood first and wandered over to one wood-paneled wall of the ornate courtroom. He stuffed his hands in his pocket, looking as intense as any tight fourth-quarter drive. Feely stood by his side and the two eventually hugged. Goodell, seated in front, stood slowly and also put his hands in his pocket, looking down and then turning in the opposite direction of Brady, trying to wear a face of nonchalance. Eight months into this scandal, after swings of allegations and misrepresentations, of false media leaks and broadside-legal attacks, the distrust and disgust were clear: Two men known for their ability to smoothly glide through life, with fashion and fabulous hair, looked strangely uncomfortable. No one ever wants to sit in this position, leaving it to another man, federal judge or not, to declare whether he or she is a cheat or a fraud or a bully or a bum. Here these two are though, going down that awkward path together. Their lives are seemingly too charmed for this, yet they were like a couple of rivals on opposite sides of the schoolyard, unwilling to even acknowledge the other's presence in front of onlookers. The stakes seem higher for Goodell, if only because his legal argument here is based on the 1981 Supreme Court decision MLBPA v. Garvey, which essentially prohibits judges from interfering with the decision of arbitrators even if they are horrendously flawed or based on inaccurate facts. Arguing you have the right to be a dictator isn't ideal in public relations terms. As such, Goodell and the NFL could certainly prevail in front of Berman but do so via a ruling full of the same kind of harsh verbiage that the judge used during two prior public sessions. It's clear that no matter which way Berman goes, he looked upon the NFL's judicial system in general, and the league's conduct in this case specifically, as lacking any semblance of fairness or competency. He could unload in the ruling and leave Goodell laid out, even if he's technically victorious. That's the risk Goodell was willing to take. And one Brady is willing to go with, essentially entering the verdict stage with a two-pronged chance at redemption – either total or at least in the court of public opinion. A loss and a four-game suspension would hurt, but he could at least point to an impartial federal judge down in New York agreeing that Goodell is out of line. It's certainly reasonable that the NFL initially erred when it failed to comprehend Ideal Gas Law and thus initially thought any Patriots football that measured below 12.5 pounds per square inch of inflation was a sign of nefarious conduct. It immediately went after a speeding ticket like a homicide case. But by the time the league should've have dialed it back, it had already leaked prejudicial stories and begun building a case against Brady and two Patriots locker room attendants. The NFL never was able to find a smoking gun or much more than suspicions, but that didn't matter. The NFL not only never backed down, it just kept doubling down, believing the full force of the league's power – both in the CBA and in its ability to manipulate national reporters – would overwhelm Brady. The league may be correct and on the verge of a show-of-force victory. It may be wrong and headed for a comeuppance. It's all up to Judge Berman now. Who knows what he thinks and who knows what he'll rule. On Monday he seemed eager to make it known though as he sent the two men in fancy blue suits off into the Manhattan morning, Goodell via a black Escalade, Brady in a Chevy Suburban. Each is left awaiting his word. The QB v. the Commissioner, it's all or everything now.
Posts: 43,125

09-03-2015, 09:16 AM	#243
DaneMcCloud Supporter Join Date: Sep 2000 Location: Hollywood, CA Casino cash: $10053648	Big shocker Goodell should just let this go but knowing him, he won't. If the NFL appeals, I hope they lose again and again and again. But most importantly, the NFLPA has to stand up to the NFL during the next CBA negotiations so things like this don't even happen, again.
Posts: 88,960

09-03-2015, 09:16 AM	#244
Amnorix In BB I trust Join Date: May 2003 Location: Boston, Mass. Casino cash: $10029808	So Goodell was Kraft's "stooge" when he handed down an absurd 1st and 4th round pick forfeiture and $1 million fine for an equipment malfunction? he was being Kraft's stooge when he handed down an absurd, and now vacated, four game suspension for the team's best player and star? The guy Kraft has referred to as his "fifth son"? You're a ****ing moron. GTFO with that ridiculous BS. __________________ "I love signature blocks on the Internet. I get to put whatever the hell I want in quotes, pick a pretend author, and bang, it's like he really said it." George Washington
Posts: 43,125

09-03-2015, 09:17 AM	#245
The Franchise Most Valuable Villain Join Date: Dec 2006 Casino cash: $2595047	*
Posts: 92,316

09-03-2015, 09:22 AM	#250
Amnorix In BB I trust Join Date: May 2003 Location: Boston, Mass. Casino cash: $10029808	Oh another federal judge bitch slapped the NFL in a discipline matter. Federal Judge Barbara Jones, in the Ray Rice situation. Three federal judges and Taglibue. When will they ****ing learn? __________________ "I love signature blocks on the Internet. I get to put whatever the hell I want in quotes, pick a pretend author, and bang, it's like he really said it." George Washington
Posts: 43,125

09-03-2015, 09:23 AM	#251
Chromatic Veteran Join Date: Sep 2005 Location: Earth Casino cash: $10018551
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09-03-2015, 09:23 AM	#252
The Franchise Most Valuable Villain Join Date: Dec 2006 Casino cash: $2595047	Tom Brady is OJ. The NFL is the case against OJ.
Posts: 92,316