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Meet Judge Richard Berman


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NYC was and is considered the center of the legal universe in the U.S., so attorneys flocked there from everywhere. Just because the judges are in NYC does not mean they are New Yorkers through and through.

Having spent some time in the Second Circuit with the federal judges there, I would not anticipate those guys would be biased by the NFL or anything else. Doty's decisions have been coherent and consistent with the law. I would not expect anything different from this judge. They will also recuse themselves on a moment's notice if their objectivity could be questioned. I am not overly concerned by this venue issue. The case will stand or fall on the merits.
 
I think this guy is as good as we're gonna get and I am pretty sure that a Labor Union couldn't do much better than Judge Berman:
  • AA to Jacob Javits, one of the most Progressive Senators of his era.
  • Appointed to the Bench for the Southern District of New York by Bill Clinton.
  • JD from NYU, a liberal hotbed "back in the day" when campuses were burning.
  • Got an MSW in addition to his JD (hardly the profile of a corporate tool).
  • Studied International Law in Stockholm (not a hotbed of reactionaries).
  • My guess is that this is a guy who has developed decades of disdain for weasels like Wells and who speaks the same language (in more ways than one) as a guy like Kessler. Living in New York for over 25 years, I've learned that when the going gets tough in this city, never underestimate the importance of the common bonds of guys like a Berman and a Kessler. Goodell and Wells are guys from the white glove part of town.
I'm not saying that he's going to find against the NFL, since 75% of Motions to uphold the results of an Arbitration are, according to media sources this morning, upheld. But I think I'd rather take my chances with a judge like Berman than role the dice on someone else.

I posted this in another thread.
 
NYC was and is considered the center of the legal universe in the U.S., so attorneys flocked there from everywhere. Just because the judges are in NYC does not mean they are New Yorkers through and through.

Having spent some time in the Second Circuit with the federal judges there, I would not anticipate those guys would be biased by the NFL or anything else. Doty's decisions have been coherent and consistent with the law. I would not expect anything different from this judge. They will also recuse themselves on a moment's notice if their objectivity could be questioned. I am not overly concerned by this venue issue. The case will stand or fall on the merits.

I would've preferred for Doty to end up hearing the case, for obvious reasons, but you're not wrong. Just better for peace of mind to be dealing with a judge who has a track record ruling on these things the right way.
 
Why are you people so pessimistic about Brady's chances in court? I know that things haven't gone exactly our way so far, but that was with Goodell playing judge, jury, and executioner. In an actual court of law, and with Kessler on Brady's side, I'm more hopeful of justice being served than ever.
 
The big concern is that a judge might simply look at the NFL's ruling as concerning rules guiding competitive football. That's materially different than the rights of players dealing with criminal charges.

In other words, the judge might simply say, "That's entertainment!"

It's like a director docking pay to an actor for lack of satisfactory performance.

The judge shrugs and says, "You know. This is none of my business."
 
I remember sitting in a meeting after the Giants beat the Patriots with a client from France and our COO. Our COO was very well educated, extremely intelligent, level headed guy, but from NYC. Our client asked why the Patriots were so hated and the COO went on a long spiel about what cheaters the Patriots are. I had never even heard him discuss sports before after years of working with him. I felt like my head was going to blow. It's amazing how a sports bias can affect even the most level headed people.


I have friends who are or have been judges, DA's etc.. and yes they can trash talk like the rest of us but when it comes to making legal decisions they take their jobs seriously. I doubt a good NFLPA argument will be over ruled by anyones fandom.
 
Not that it would matter, anyway.

"He's against a minimum wage increase, therefore he will turn a blind eye to fairly obvious abuses of labor law and CBA violations."

Good grief.

I just think it's weird that "minimum wage" and "Tom Brady" appeared in the same post.
 
NYC was and is considered the center of the legal universe in the U.S., so attorneys flocked there from everywhere. Just because the judges are in NYC does not mean they are New Yorkers through and through.

Having spent some time in the Second Circuit with the federal judges there, I would not anticipate those guys would be biased by the NFL or anything else. Doty's decisions have been coherent and consistent with the law. I would not expect anything different from this judge. They will also recuse themselves on a moment's notice if their objectivity could be questioned. I am not overly concerned by this venue issue. The case will stand or fall on the merits.

The guy went undergrad to a university in NY State and for grad school to two different universities in NYC. He sure sounds like a New Yorker to me.

He also did a stint in corporate law. On the other hand, LLLM was the firm not just of my once girlfriend's father -- a pro-corporate regulatory law kind of guy -- but also of Kimba Wood.
 
hoping for the best, but expecting the worse.
facts say brady did nothing but that doesn't matter..
 
This is like living a nightmare for me.

Following the Patriots while living in NYC was an escape for me from the pressures of practicing law in the city.

A lot of the posters on here seem to have this idealistic view of judges and the legal system. Most of the NY judiciary are not fit to judge a wet tee shirt contest in my (admittedly jaded) opinion. In federal court, they tend to be a little more professional, but I've seen just as much wackiness in that courthouse as I have on the state level. And YES, most male lawyers and judges in NYC are huge sports fans. During the "subway series" many of the judges started off oral argument on motions by asking me (1/2 kiddingly) if I was "Yankees or Mets."

I may be wrong, but I can't help but feel that this will not end well.
 
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Judge Berman, will you hold my wallet for me? There's $1,000 in there. Or maybe there isn't. Know what I mean? :D
 
The guy went undergrad to a university in NY State and for grad school to two different universities in NYC. He sure sounds like a New Yorker to me.

He also did a stint in corporate law. On the other hand, LLLM was the firm not just of my once girlfriend's father -- a pro-corporate regulatory law kind of guy -- but also of Kimba Wood.

The point being it is a massive city offering typically the highest legal salaries in the U.S. People go there and stay there because of (1) prestige of firms and (2) they make bank in salaries and bonuses (and surprisingly, people accepted to NYU and Cornell, both fairly prestigious, may go there for the ranking rather than locale). It is silly to extrapolate (and I am not saying you are doing so) this guy is pro NFL HQ because he resides in the same city or anti-Patriots for the same reason.

His resume also says he was a family court judge and earned a Masters in Social Work while in that position. It could just as well be argued he is a humanitarian who loves the individual over the mindless corporate monolith. Barring consistent published opinions on an issue, I would not expect he would decide this case on anything other than the law.

If one ever sat down with a federal judge from the NYC area (NY and CT) or Boston, then I expect the average human being would find them stuffy and exceedingly self-conscious when it comes to judicial ethics (avoiding even the appearance of impropriety). The district and appellate courts there are highly intelligent, and very good at interpreting the law. It just isn't worth worrying about.
 
I think this guy is as good as we're gonna get and I am pretty sure that a Labor Union couldn't do much better than Judge Berman:
  • AA to Jacob Javits, one of the most Progressive Senators of his era.
  • Appointed to the Bench for the Southern District of New York by Bill Clinton.
  • JD from NYU, a liberal hotbed "back in the day" when campuses were burning.
  • Got an MSW in addition to his JD (hardly the profile of a corporate tool).
  • Studied International Law in Stockholm (not a hotbed of reactionaries).
  • My guess is that this is a guy who has developed decades of disdain for weasels like Wells and who speaks the same language (in more ways than one) as a guy like Kessler. Living in New York for over 25 years, I've learned that when the going gets tough in this city, never underestimate the importance of the common bonds of guys like a Berman and a Kessler. Goodell and Wells are guys from the white glove part of town.
I'm not saying that he's going to find against the NFL, since 75% of Motions to uphold the results of an Arbitration are, according to media sources this morning, upheld. But I think I'd rather take my chances with a judge like Berman than role the dice on someone else.

I posted this in another thread.

He's clearly a liberal. But I would like to learn more about his actual rulings, especially with regards to fair labor laws
 
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The fellas on WEEI just gave a pretty convincing argument that this is a good Judge for the Brady camp.

Obviously nothing is guaranteed, I'm just saying their opinion is that Berman's history tends to favor Brady moreso than other judges may have.
 
Well, the bright side is that if Brady wins noone can say that he hand picked a friendly venue.

I guess.
 
The point being it is a massive city offering typically the highest legal salaries in the U.S. People go there and stay there because of (1) prestige of firms and (2) they make bank in salaries and bonuses (and surprisingly, people accepted to NYU and Cornell, both fairly prestigious, may go there for the ranking rather than locale). It is silly to extrapolate (and I am not saying you are doing so) this guy is pro NFL HQ because he resides in the same city or anti-Patriots for the same reason.

His resume also says he was a family court judge and earned a Masters in Social Work while in that position. It could just as well be argued he is a humanitarian who loves the individual over the mindless corporate monolith. Barring consistent published opinions on an issue, I would not expect he would decide this case on anything other than the law.

If one ever sat down with a federal judge from the NYC area (NY and CT) or Boston, then I expect the average human being would find them stuffy and exceedingly self-conscious when it comes to judicial ethics (avoiding even the appearance of impropriety). The district and appellate courts there are highly intelligent, and very good at interpreting the law. It just isn't worth worrying about.

Appreciate your thoughts. Was wondering if you could give me a breakdown of what Berman's role is and what responsibilities he has in this case? How does his role change throughout the course?

I understand that he is there to get the sides talking and to to try to work it out themselves but am not sure what else he does?
 
Well, the bright side is that if Brady wins noone can say that he hand picked a friendly venue.

I guess.

Oh great! Now if Brady wins the haters will just say he cheated.
 
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