- Joined
- Mar 3, 2005
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I believe the fact that the Judge listed these other grounds that he didn't even have to reach is good for Brady. He's subtly setting up a few things: 1) telling the NFL (and perhaps further appellate judges) the NFL could have lost even worse; 2) in the unlikely event that Berman is overturned on appeal, that there are other issues that should come back to him on remand (rather than just vacating Berman's award). It's subtle legal maneuvering on the part of the Judge, IMO, but it's favorable to Brady.Just to reiterate, on the second to last page Berman declines to reach a determination on a bunch of claims, including evident partiality, because he didn't need to after agreeing with everything else that Brady argued:
I know some people earlier were worried that the decision had ruled that Goodell was impartial, but thankfully it didn't do that. Didn't rule either way, which is kind of unfortunate because I would love to see Goodell get stuck with that as a matter of precedent. But declining to reach a conclusion is a whole lot better than reaching the wrong one.