NFL vs. Brady Federal Court Hearing (8/19) LIVE UPDATES AND TWEETS

Michael McCann ‏@McCannSportsLaw 10m10 minutes ago
Judge Berman may be pushing a settlement, but by signaling doubts about NFL's legal arguments, he emboldens Tom Brady to wait for decision.

Near the end, Kessler had his co-counsel drop off to Berman a list of 18 extra cases that bolster their argument.

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https://twitter.com/BobMcGovernJr/status/634044191430062080

Stephen Brown ‏@PPVSRB 3m3 minutes agoManhattan, NY
Berman: "I don't understand the thinking to not allow Mr. Pash as a witness. Who else but Pash had the opportunity to edit the Wells Report?

Stephen Brown ‏@PPVSRB 2m2 minutes agoManhattan, NY
Berman: The NFL "cannot just conclude they cannot have a witness bc testimony would be cumulative."

Stephen Brown ‏@PPVSRB 1m1 minute agoManhattan, NY
Berman: "I believe some arbitration awards have been vacated" because a witness was not allowed to be called without explanation.

Stephen Brown ‏@PPVSRB 47s48 seconds agoManhattan, NY
I thought that was Berman's most striking line. Seemed he'd been thinking about it.

I would say based on the tweets that now more than ever Tom should hold firm. Or this could just be an indication of the NFL side not budging in the settlement talks and this is more gas on the fire for them to do so.

Either way its a positive for Brady side.

SVN said:

Is berman going to go after PA after this or the hearing is over?

Stephen Brown ‏@PPVSRB 24s24 seconds agoManhattan, NY
Berman: "I don't understand the thinking to not allow Mr. Pash as a witness. Who else but Pash had the opportunity to edit the Wells Report?

Stephen Brown ‏@PPVSRB 27s28 seconds agoManhattan, NY
Berman: The NFL "cannot just conclude they cannot have a witness bc testimony would be cumulative."

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Apparently Oral argument are Over. Kessler went before Nash.

Stephen Brown ‏@PPVSRB 33s33 seconds agoManhattan, NY
My impression: Berman tipped his hand a bit to NFL in an effort to make the sides settle.

JDot said:

Apparently Oral argument are Over. Kessler went before Nash.

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Geting wicked excited about the oral

After this is all over I say we get Bob Kraft to induct Jeffrey Kessler to the Patriots Hall Of Fame.

Max Stendahl ‏@MaxLaw360 3m3 minutes ago
Judge Berman began the hearing with a reference to the infamous Brady sketch: "I'm tempted to make some comment about sketch artists..."

LOLOLOLOLOL

SVN said:

Michael McCann ‏@McCannSportsLaw 10m10 minutes ago
Judge Berman may be pushing a settlement, but by signaling doubts about NFL's legal arguments, he emboldens Tom Brady to wait for decision.

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Yes. Sounds like he's trying to get it through the NYJFL's thick skulls that they are going to lose and that settling would be better for them.

Berman: "There are some basic procedures of fairness that have to be followed.... You got to let someone make their case."

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https://twitter.com/PPVSRB/status/634045417148272640


I can't understand why Brady would even think of taking a game...

Stephen Brown ‏@PPVSRB 6m6 minutes agoManhattan, NY
Berman: "I believe some arbitration awards have been vacated" because a witness was not allowed to be called without explanation.
Stephen Brown ‏@PPVSRB 5m5 minutes agoManhattan, NY
Berman: "There are some basic procedures of fairness that have to be followed.... You got to let someone make their case."
Stephen Brown ‏@PPVSRB 4m4 minutes agoManhattan, NY
Nash called Pash "not relevant." Called the issue a "red herring" and said Brady team opted not to seek his testimony when it had 2nd chance
Stephen Brown ‏@PPVSRB 3m3 minutes agoManhattan, NY
My impression: Berman tipped his hand a bit to NFL in an effort to make the sides settle.

Nash is calling Pash not relevant - red herring . and said Brady team opted not to seek his testimony when it had 2nd chance. Hilarious. Isnt this what wells and NFL did with 4 interviews of McNally?

FrodoBagginz said:

After this is all over I say we get Bob Kraft to induct Jeffrey Kessler to the Patriots Hall Of Fame.

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I gave it a like, but let's not put him into the HoF until he finishes. It's what BB would want.

SVN said:

Stephen Brown ‏@PPVSRB 6m6 minutes agoManhattan, NY
Berman: "I believe some arbitration awards have been vacated" because a witness was not allowed to be called without explanation.
Stephen Brown ‏@PPVSRB 5m5 minutes agoManhattan, NY
Berman: "There are some basic procedures of fairness that have to be followed.... You got to let someone make their case."
Stephen Brown ‏@PPVSRB 4m4 minutes agoManhattan, NY
Nash called Pash "not relevant." Called the issue a "red herring" and said Brady team opted not to seek his testimony when it had 2nd chance
Stephen Brown ‏@PPVSRB 3m3 minutes agoManhattan, NY
My impression: Berman tipped his hand a bit to NFL in an effort to make the sides settle.

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I realize that I know nothing about this stuff, but man, if that's not Berman tipping his hand I dunno what is.

Also pretty funny that Nash insists it's not relevant even after the judge explicitly states that it is relevant. No way Berman can be happy about that, at this point I really do think the NFL is just posturing for the inevitable appeal.

Deus Irae said:

https://twitter.com/PPVSRB/status/634045417148272640


I can't understand why Brady would even think of taking a game...

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I think it was in good faith and to show an effort to settle this, but the nfls way of stating they wanted to make this an 8 game suspension and won't budge makes me believe Brady should just hold for a ruling, because at the moment he seems to have the odds of good ruling for him in his favor.

You might say the NFL didn't cooperate with the investigation.

The NFL attorneys are sooooooo arrogant. Berman is asking them questions which may help their case, but they are openly telling him to shut up and stay out of it.

Kessler is asked questions which presume the judge may not agree with parts of his argument. For example, let's assume that Brady did deflate the balls.... is this a fair punishment? He answers the questions with strong arguments.

The NFL is asked questions which presume they cannot just hide behind Article 46. Let's assume that you can't just do whatever the heck you want...what was your reasoning for this and that? They explain none of the reasoning but instead tell the judge they they can do whatever they want and don't have to answer to anyone. I think that Berman is asking them some of these questions just to confirm that they did use some kind of reasonable method that, which might not be the best answer, may in fact allow them to win the case since the judge may disagree with their decision but would defer to them if they aren't arbitrary. They aren't even explaining why their decisions aren't full of bias and dishonesty.

Max Stendahl ‏@MaxLaw360 4m4 minutes ago
Judge: "There are enough strengths and weaknesses on both sides..all the more reason why a settlement seems a logical and rational outcome."

Stephen Brown ‏@PPVSRB 4m4 minutes agoManhattan, NY
If a settlement isn't reached, Berman said he'll rule on #deflategate before Sept. 4.

SVN said:

Nash is calling Pash not relevant - red herring . and said Brady team opted not to seek his testimony when it had 2nd chance. Hilarious. Isnt this what wells and NFL did with 4 interviews of McNally?

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Was the a post appeal appeal or was it during the pre-appeal appeal? I only heard about the actual appeal where Goodell said, "Thanks, but no can do."