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Old 08-31-2015, 01:45 PM  
Amnorix Amnorix is offline
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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.
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Old 09-03-2015, 09:26 AM   #256
BucEyedPea BucEyedPea is offline
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Judge Berman rules to vacate Brady's suspension.

http://boston.cbslocal.com/2015/09/0...me-suspension/
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Berman noted that though the court system must give high deference to arbitrators’ decisions, judges can rule to overturn decisions “where the arbitrators were guilty of … refusing to hear evidence pertinent and material to the controversy” and also “where there was evident partiality.
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Old 09-03-2015, 09:26 AM   #257
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you gotta think Goodell has to be fired for this one ... no?
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Old 09-03-2015, 09:26 AM   #258
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Tom Brady still needs to sue for defamation. The judge ruled on his interpretation of the CBA, not on the junk science / hatchet job that is the Wells Report.
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Old 09-03-2015, 09:28 AM   #259
DaneMcCloud DaneMcCloud is offline
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Originally Posted by Amnorix View Post
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.
This is the biggest issue, IMO. If everything can be appealed down, then the system is broken.

I still can't understand why Sean Smith received a 3 game ban for a DUI and didn't appeal, yet Greg Hardy was convicted of domestic violence and saw his punishment reduced by 60%.

None of it makes any sense and it's just become a Kangaroo Court.
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Old 09-03-2015, 09:28 AM   #260
BucEyedPea BucEyedPea is offline
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Originally Posted by Hootie 2.0 View Post
you gotta think Goodell has to be fired for this one ... no?
Yes. He's a clown. Though, I suspect, there are people in his front office he listened to that he should not have listened to.

I'd love to see their phone transcripts.
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Old 09-03-2015, 09:29 AM   #261
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The Court finds that no player alleged or found to have had a general awareness of the inappropriate ball deflation activities of others or who allegedly schemed with others to let air out of footballs in a championship game and also had not cooperated in an ensuing investigation, reasonably could be on notice that their discipline would (or should) be the same as applied to a player who violated the NFL Policy on Anabolic Steroids and Related Substances. Brady had no such notice.
Interesting quote from the judgement.
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Old 09-03-2015, 09:29 AM   #262
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Kill yourself Goodell. You worthless sack of shit.
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Old 09-03-2015, 09:29 AM   #263
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Old 09-03-2015, 09:30 AM   #264
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Yes. He's a clown. Though, I suspect, there are people in his front office he listened to that he should not have listened to.

I'd love to see their phone transcripts.
He destroyed his phone....you know....because it's not suspicious.
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Old 09-03-2015, 09:30 AM   #265
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Originally Posted by FringeNC View Post
Tom Brady still needs to sue for defamation. The judge ruled on his interpretation of the CBA, not on the junk science / hatchet job that is the Wells Report.
Since the NFL is trying to stretch itself into the UK, he should sue there. He would most definitely win a defamation suit there.

Here, it is a little more difficult.
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Old 09-03-2015, 09:30 AM   #266
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Tom Brady still needs to sue for defamation. The judge ruled on his interpretation of the CBA, not on the junk science / hatchet job that is the Wells Report.

Will never happen, most likely. The actual malice burden is brutal for public figures to overcome.
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Old 09-03-2015, 09:32 AM   #267
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I'm not. I pretty much expected this.

Apparently, that deflator text really WAS about weight loss.

That's not what the decision was about (not that I have read it, but I can still firmly say). It's not guilt/innocence of Brady. It's about PROCESS. Specifically the NFL's comically shitty process.
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Old 09-03-2015, 09:32 AM   #268
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Thats awesome. What movie is that from?
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Old 09-03-2015, 09:33 AM   #269
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BTW, over the past five days, I read about an arbitration that Berman overruled in the past which gave me some hope. I didn't want to rely on it, or post it, because you can never really know how a judge will decide.
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Old 09-03-2015, 09:34 AM   #270
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Originally Posted by Amnorix View Post
That's not what the decision was about (not that I have read it, but I can still firmly say). It's not guilt/innocence of Brady. It's about PROCESS. Specifically the NFL's comically shitty process.
So, because the process was flawed, he gets off Scott free? When any unbiased observer can deduce that he knew about it?

That makes no sense.
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