Craft a Potential Settlement

AndyJohnson said:

I think August 12 will be the key to this entire process.
This will be Brady and the NFL sitting in front of the judge who will decide the case explaining what they are willing to settle for and why. The judge's response will probably be a dead give away to where he is leaning after reading the initial filings, and more importantly how far he is leaning.

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Brady has the simple view of insisted innocence.........it would not be reasonable for someone who is innocent to agree to any punishment, and it is not his job to save face for the league front office.

That said, he could waive his right to pursue other legal matters beyond the scope of the NFL rules themselves (defamation for example)

Tony2046 said:

Full vindication and nothing less.

We already know the worst case scenario for Brady and that is 4 games. We do not know the worst case scenario from an NFL perspective which could be a lot more damaging.

If Brady ends this now and settles for anything he will weaken his chances to pursue any other avenue.

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That's the big thing that's left unspoken in this "both sides have to give something up" narrative. Brady has nothing left to lose. The NFL can't punish him more. His worst case scenario is the 4 games he already has, so any compromise will be near worst case scenario in its own right. We got to where we are today precisely because the NFL isn't willing to compromise.

So any compromise would have to be pretty heavily favorable to Brady, otherwise he just lets the judge make his ruling and appeal it if he doesn't like it. The only thing Brady should consider giving up is the right to keep pushing this (and other related matters) in court.

BradyFTW! said:

Neutral arbitration. Paul Tagliabue as arbitrator. It's really simple.

As much as it concerns me that Tagliabue might not be totally objective, I'd be willing to chance it. The Bountygate arbitration showed that he's willing to be objective, consider precedent, and undermine his successor if it's determined that Goodell ****ed up.

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If Tagliabue still holds any pride in the league he was once commissioner of, I fully expect he'd be objective.

The NFL* needs to be slapped down hard if they are to have any credibility going forward.

I know that I am not alone in being so disgusted with the NFL* that I have to seriously question how much of my time and interest I want going to suport it going forward, REGARDLESS of how the Brady case is ultimately resolved.

The NFL* has no integrity right now under the current leadership.

In negotiations each person has to give but also has to get something to save face. That being the case zero game suspensions, that's what Brady gets. The league fines him for lack of cooperation and get his guarantee that he won't bring another law suit about deflategate. Works for me of course I would like the draft choices back. Let the league keep the $1M. But it's only about Brady not the Pats so the latter won't happen unless Kraft has something he can bring a lawsuit forward.

BradyFTW! said:

Neutral arbitration. Paul Tagliabue as arbitrator. It's really simple.

As much as it concerns me that Tagliabue might not be totally objective, I'd be willing to chance it. The Bountygate arbitration showed that he's willing to be objective, consider precedent, and undermine his successor if it's determined that Goodell ****ed up.

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I read somewhere(Curran?) that people from Tags firm were part of the NFL lawyer team this time. So tags may or may not be a good idea.

I think Goodell should be forced to transfer his Maine vacation home to Gronk for use as a party zone.

Fencer said:

• neutral arbitration, with ...
• ... attorney/client privilege waived by Wells, his colleagues, and Pash.

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I still say I'd like Berman, assuming neutral arbitration, forces the NFL to stick with their public comments that Wells investigation was "independent" and this all materials are to become public (available to Brady and his team).

Some other creative options:
Goodell and his team must play, against the Patriots, in the 4th exhibition/preseason game as the Defensive line for the opposing team (3rd quarter and after would suffice for me).

All press conferences for Goodell must have him hooked up to a lie detector where we get a split screen of Goodell and the results of the test (though that heartless #$#! probably could lie to himself well enough to pass).

IllegalContact said:

Brady has the simple view of insisted innocence.........it would not be reasonable for someone who is innocent to agree to any punishment, and it is not his job to save face for the league front office.

That said, he could waive his right to pursue other legal matters beyond the scope of the NFL rules themselves (defamation for example)

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well he will find out on 8/12 if Berman agrees.

BradyFTW! said:

Neutral arbitration. Paul Tagliabue as arbitrator. It's really simple.

As much as it concerns me that Tagliabue might not be totally objective, I'd be willing to chance it. The Bountygate arbitration showed that he's willing to be objective, consider precedent, and undermine his successor if it's determined that Goodell ****ed up.

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This is probably the best we could do settlement-wise. Agree to stay the suspension until a TRUE neutral decides the facts of the case. Tagliabue would be ideal in this role but I would die of shock if Goodell/NFL agree to him.

The problem with trying to find an equitable settlement for all parties is that on one side of the table you're dealing with the likes of Goodell, Pash and Kensil.

IllegalContact said:

I don't think he pursued this on his own..........I believe there are owners behind it......I want him around long enough to divulge those owners......then run him over

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I can almost guarantee that the following teams are behind this:
Jets, Colts, Ravens, Dolphins and Cowboys are the catalysts behind this.

Why would any of our members want to "craft a settlement" when it's irrelavant? I hope no one is thinking Brady's lawyers visit here for ideas!!

PatsFanSince74 said:

There are two solutions that I think would be acceptable to Brady and that might work with Berman:
1) Exoneration on the underlying charge, no suspension, acceptance of a fine for something to do with "non cooperation"
2) Referral of the entire matter, with an unsealing of the original "Appeal," to a truly independent Arbiter, who will clearly find that the entire matter was absurd and won't even fine him for not co-operating. Waiver of Attorney client privilege by Wells.

If I'm Goodell, I can't acccept 2), so I'd accept 1) rather than take my chances that Berman would Vacate the ruling in the court to which I brought the matter in the first place and risk getting nothing.

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Non cooperation could be a sticking point for NFLPA because they are the ones who are pushing that not giving up a phone is not non-cooperation. If brady accepts that then NFLPA will feel like its a loss I think. OTOH citing brett favre as precedent, they might just agree.

since the pats are already giving up picks and money for absolutely nothing. i would offer nothing.

SVN said:

Non cooperation could be a sticking point for NFLPA because they are the ones who are pushing that not giving up a phone is not non-cooperation. If brady accepts that then NFLPA will feel like its a loss I think. OTOH citing brett favre as precedent, they might just agree.

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I like the NFLPA. I'm sure the people who run it are a nice bunch of people. But the only one I really care about in this is Tom Brady.

I've said all along out here that eventually the interests of Brady and the PA might diverge; that what is best for Brady might at some point no longer be what is best for the NFLPA. Sure, in theory, sticking up for the rights of unnamed other players in an indeterminate future might be a good thing for Brady to do, but I really just want him exonerated of the absurd fabrication against him and back on the field on opening night.

We wouldn't be in this fix if the Players hadn't agreed to allow Goodell to be jury, judge and appeals court all rolled in one. At some point, the players and the owners are going to have to work out these and related issues; frankly, I don't see how that can be done without a strike or a lockout.

Zero suspension
zero fine
Changing the patriots penalty from 1st, 4th and a million dollars to a $25k equipment violation
An apology for dragging this out like a child
The firing of Kensil, Pash, and Gardi
A 50k fine for the colts measuring a ball DURING A GAME.
Assurances that this whole manufactured bullshitfactory never gets used as a way to go above and beyond when penalizing the patriots(multiple time offenders blah blah blah)like they did this time.

in exchange for the brady not suing for defamation, and and agreement that everything gets sealed.

IllegalContact said:

- zero punishment for Tom Brady
- zero punishment for the Pats
- removal of arbitrary powers of the commissioner by implementing a standard of discipline for all violations
- standardization of gametime preparations
- review of conflict of interest policies for employees of the NFL front office

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Does anyone have a rough estimate by percent what teams are represented at the NFL Front Office? Maybe I missed it but I have never heard of an ex-NE Patriot working at Kremlin NFL.

It's all or nothing. 0 games or give the 4 and NFL will be under severe critics for having their most important player away from the game for 6 weeks, because Brady would play only in week 6.

When haters like Sthepen A Smith says Brady sitting the same amount of games or even more than Greg Hardy, it's a shame, a travesty like he said yesterday on first take.

I'd rather get the 4 than surrender, IT IS NOT GOING TO LOOK GOOD FOR THE NFL BRADY GETTING THE SAME SUSPENSION OF A RAPIST OR A WIFE BEATER. Actually I think 2 games is going to be better for the NFL than Brady.

4 games of suspension for their biggest star, 5 Million wasted (not even counting the other expenses that are running), PR looking worse day by day. All this is not going to sit well with 31 owners. These guys are business men.

Brady can miss home games against the Jaguars and Titans. Also, the league is welcome to blackout those games as punishment to fans of the Patriots (for DeflateGate) and fans of the Jaguars and Titans (for being fans of the Jaguars and Titans).