Time to take a deep breath.
This is now just another civil case on the crowded docket of the United States District Court for the Southern District of New York and, while, for the moment at least (until the US tries another terrorist there or something else like that happens), it's the most visible case on that docket, I would imagine that it's nowhere near the biggest case.
The case is in the "dry as dust" period. There won't be much to see until and if Brady appeals for an expedited hearing to get a preliminary injunction against the September suspension. There might be some fireworks then, but, otherwise, it's going to be lawyers filing briefs and clerks reading the briefs. Guys like Berman are magnets for really smart clerks.
It's in the hands of a highly experienced judge with senior status, who's had murderers and terrorists in his courtroom, so he's not exactly trembling in his shoes at the thought of having to find between Tom Brady and Roger Goodell. He'll have no patience for the antics of lawyers on either side when he's had to try cases with heavily armed guards at the ready.
Berman is a no-nonsense guy who cut his political teeth as the AA for Jacob Javits and who eats whining attorneys for lunch (if he keeps Kosher, he can probably munch on Kessler but he might have to dispose of Wells in a different manner...maybe toss him to his clerks as a snack). Most importantly, he's not even going to want the lawyers in his courtroom unitl and unless he absolutely has to have them there and then they will both get a lecture on "good behavior" when the proceedings begin.
Is Berman a "good" judge for Brady or a "bad" judge? Who the heck knows? And, whatever the answer, there's nothing any of us can do about it. My personal view is that his background makes him about as good a choice as a Labor Union could imagine and that the NFL's strategy backfired when the wheel ended on his name. But, I have no idea whether that's right or wrong.
Would Brady and the NFLPA be better off in Massachusetts? Who knows? Just like the NFL got blindsided by the appointment of Berman, Brady might have been blindsided by the appointment of an unsympathetic judge in Boston. But it's an irrelevant question for us to worry about.
Should the NFLPA's attorney have anticipated the League's move? I originally thought that it should have, but now I admit I don't have the foggiest idea. That's the kind of stuff that gets sorted out between the client and the lawyer when it's time to pay the bill, if the client thinks a haircut is in order. Another question that's irrelevant to us.
Was the NFLPA wrong to venue shop in Minnesota (and the court clearly thought that it had done so)? Who knows? Another matter for the clients and the lawyers to sort out when it comes time to pay the bill. And, another question that is irrelevant to us.
So, if you have a place on the Cape, a house in the Berkshires, a cabin in Maine or a favorite fishing hole, it might be a good time to disconnect from all of this for a while.
If you must read something, read the lengthy posting of MassPats38 on the third page of the thread "Meet Judge Richard Berman." He's a litigator and he pretty clearly explains what's going on.
