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I have a hunch that there is one other reason why Goodell is not so eager for the lawsuit.
The NFL would LIKELY have to reveal what I think is a very embarrassing factoid about the Wells investigation. Based upon their own statements, the scientific firm hired by Wells (Exponent) was not the first group of scientists approached by Wells and the NFL to analyze the data. The first group of scientists approached was from Columbia U.
Did the Columbia profs reach a preliminary conclusion that Wells and the NFL found to be unacceptable, favoring the Patriots, so they were relieved of their duties and not even MENTIONED in the Wells report?
Imagine if they had to admit to this on the witness stand!
The choice for Goodell is
1) 0 games
2) anything else, and just HOPE that a judge says "it's a matter that management and labor need to solve without my help." Otherwise...POOF goes the case.
If this is true, it would surely blow things right out of the water for the NFL, I agree.
As has been pointed out, the NFL is in a strong starting position regarding the substance of the issue, given the way in which disciplinary powers are ceded to the Commissioner precisely to avoid every decision someone doesn't like being challenged in court. But there are limits.
And, though I don't know how "arbitrary and capacious" [= "capricious"?] is interpreted in the U.S. courts, there is no way that evidence that the investigation had been blatantly steered to produce a pre-determined result could be ignored by a judge. It's a textbook example of an unfair process.
Is there any independent evidence about what went on with Columbia?