Washington Post: Parties NOT expected to settle by Wednesday

[SHOWTIME15]

http://www.washingtonpost.com/news/...-of-settlement-in-tom-brady-deflategate-case/

It looks like both sides are digging in and not budging. This is going to make Judge Berman really happy. Of course this is all Go0dell's fault.

 

[Patsfanin Philly]

He's going to want some give by both sides. Brady's side could say as others have proposed,
"hold the suspensions and let's get a neutral arbitrator to rehear the case or hold the suspensions and measure all game balls this year, especially in cold weather to determine/verify that the cause of the deflation was Ideal Gas Law and nature itself. Then reevaluate in light of the evidence to avoid injustice."
This isn't Kessler's first rodeo and he knows how this works....
If Brady does that and Goodell comes in with "four games, four games that's our final offer" that shows no give on their part and that they are ignoring the judge's order to negotiate...Judge Berman can't be happy.
I have a feeling that is exactly what will happen with Goodell telling that newspaper interviewer that it will stay at four games ( ignoring the judge's order to tone down the rhetoric)versus what he could have said, " The judge ordered us to avoid trying this case in the press so I will obey his order and can't really discuss this but we are negotiating with Brady's team in good faith to bring about a resolution of this."
Pride goeth before the fall.......

 

[farn]

It's a tough call (NOT what I think Brady should do, but rather the viewpoint of the judge). Sure, there is pressure to negotiate and in normal circumstances, that makes sense. But a person's innocence is worth more than compromise. If in fact (and I have no reason to believe it is actually true) Judge Berman is "offended" at Brady's position to hold firm, then he is missing the point and he is admitting Brady's guilt.

Innocent people - especially in a case of a millionaire who doesn't need the money or need the games - who aren't facing jail time if "things go against them" (yes, under oath etc, but...) should never accept a compromise. Makes no sense. If Berman wants to punish Brady for not negotiating a punishment for doing nothing - so be it.

 

[Rob0729]

This just in: the sun is expected to rise in the east and set in the west on Wednesday. More to follow...

 

[Fencer]

The article tells us very little, because tough lines are always taken in public negotiations.

Indeed, I think the Brady camp's line hasn't been tough ENOUGH, if we assume that a settlement will preclude a defamation suit (because it will settle all issues between the parties). They should demand that the league vacate all penalties and publicly state that several of its accusations were incorrect, or else Brady should not agree to forgo a future defamation suit.

 

[Fencer]

And by the way -- nothing in the article says Brady wouldn't be happy to send it to a neutral arbitrator.

 

[Sicilian]

This just in: the sun is expected to rise in the east and set in the west on Wednesday. More to follow...

Something I've learned about high-powered negotiations: If you give people two days to come to an agreement, you might as well skip the first day because NO ONE is budging until the deadline forces them to.

 

[slash83]

So when a settlement isn't reached by Wednesday, is there a date for when court proceedings begin?

 

[SHOWTIME15]

So when a settlement isn't reached by Wednesday, is there a date for when court proceedings begin?

there is another status conference on the 19th and the judge will see if there has been any progress. if not he will make a ruling by the 4th of september. no real court proceedings except for maybe oral argument on the cross motions before him.

 

[IllegalContact]

the majority on pressure to negotiate is with the league since brady made an offer prior to the appeal ruling...........Brady is approaching with precedence and fact while the league is mired in something gooey like 'integrity' .... which they have none of, obviously

 

[IllegalContact]

there is another status conference on the 19th and the judge will see if there has been any progress. if not he will make a ruling by the 4th of september. no real court proceedings except for maybe oral argument on the cross motions before him.

the judge can decide tomorrow that 'this is going nowhere' and simply provide his ruling.

 

[slash83]

there is another status conference on the 19th and the judge will see if there has been any progress. if not he will make a ruling by the 4th of september. no real court proceedings except for maybe oral argument on the cross motions before him.

Cool thanks for the clarification, good to know good or bad this will be settled Sep 4th.

 

[Rob0729]

Something I've learned about high-powered negotiations: If you give people two days to come to an agreement, you might as well skip the first day because NO ONE is budging until the deadline forces them to.

I don't care how many days the negotiations are. There is no way this is going to settle.

Brady will not take any settlement where there is an admission of guilt and taking a single same is an admission of guilt even if the wording from Goodell says he is 100% innocent other than obstruction. I 100% believe Brady would rather go to court and lose and serve the four games.

Goodell needs Brady to accept guilt or at least sell out Jastremski and McNally. He's doubled down with going well beyond what Wells found and has labeled Brady the mastermind of this scheme. He will get killed by the media (more than he is now) if he says, after calling Brady a criminal mastermind, that Brady is innocent.

I don't think Brady feels he has much to lose to take this all the way vs. accepting a game or two suspension. I think Goodell can only save face if Brady admits guilt or he wins in court. This is not getting settled.

 

[RobertWeathers]

This just in: the sun is expected to rise in the east and set in the west on Wednesday. More to follow...

...and Lou Gorman will have lunch.

 

[RobertWeathers]

It confounds me to think an innocent man should agree to some punishment. I didn't know this was Russia.

 

[RobertWeathers]

the majority on pressure to negotiate is with the league since brady made an offer prior to the appeal ruling...........Brady is approaching with precedence and fact while the league is mired in something gooey like 'integrity' .... which they have none of, obviously

What was the offer? No games and some fine?

 

[Fencer]

The NFLPA would be delighted if the whole thing is remanded to a neutral arbitrator. That's like a victory for them and Brady.

On the other hand, Brady's side looks pretty good when one option in their settlement offer is "We'll take our chances with a neutral arbitrator. The league doesn't have to concede ANYTHING for us to settle; it just has to show its evidence to a neutral party and let them decide"

 

[Fencer]

It confounds me to think an innocent man should agree to some punishment. I didn't know this was Russia.

That's why Brady should and will hold firm.

At this point I don't think he should even stand by the offer of a fine. The harm to his reputation even from that is large, which could obviate the usual reasoning that a cash settlement costs a lot less than continued litigation.

Specifically, he should say (but phrased more nicely) that "The fine was our offer before Goodell increased the level of his dishonesty by making the false claim that cheating had been proven. Now that he's done that, nothing short of complete vindication in all dimensions is acceptable to us as an end result."

 

[RobertWeathers]

That's why Brady should and will hold firm.

At this point I don't think he should even stand by the offer of a fine. The harm to his reputation even from that is large, which could obviate the usual reasoning that a cash settlement costs a lot less than continued litigation.

Specifically, he should say (but phrased more nicely) that "The fine was our offer before Goodell increased the level of his dishonesty by making the false claim that cheating had been proven. Now that he's done that, nothing short of complete vindication in all dimensions is acceptable to us as an end result."

Right. The NFL went medevil with the updated language.

The original deal is off the table.

 

[Ring 6]

the judge can decide tomorrow that 'this is going nowhere' and simply provide his ruling.

I dont think he can. This is just a settlement conference. Next Wednesday is arguments.