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

Max Stendahl ‏@MaxLaw360 3m3 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."


I hope now there is no 1 game settlement especially if it was already offered on the table.

RelocatedPatFan said:

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."

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Not really sure what he meant by 2nd chance. The transcript is the bible which buries the NFL.

I think/hope that the judge's line of questioning is essentially dropping hints and leaving bread crumbs for the league to follow to move on their settlement demands. Whether the league is smart enough to pick up on it or just too pig headed remains to be seen....They ( schmucks at 345 PArk Av)are used to getting their way and may be too obstinate to move in their demands despite getting slapped by Federal judges in the past...repeatedly..

Obnoxious Boston Fan ‏@realOBF 29s29 seconds ago
EXCLUSIVE via @NYPost - Tom and Gisele celebrate in Times Square after today's hearing. (FYI @BartHubbuch)

Chiuba E. Obele said:

I wake up, and find that there is no thread for sharing twitter updates on the today's hearing?

Geesh, what is up with you guys today LOL

Daniel Wallach‏@WALLACHLEGAL
Judge Berman: "I have a little trouble with [Goodell deciding on four games]," via @tomecurran (at court)

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Let me get this straight, the guy that woke up after noon is giving others crap about not being on top of things?

j/k, I know schedules can be wacky, I'm just choppin your busts.

SVN said:

Stephen Brown ‏@PPVSRB 2m2 minutes agoManhattan, NY
Berman: "Which of the four games were for ball tampering and which were for non cooperation?"
Stephen Brown ‏@PPVSRB 1m1 minute agoManhattan, NY
Berman: "The next time someone tampers with a ball but cooperates, what suspension would he get?"

Stephen Brown ‏@PPVSRB 6m6 minutes agoManhattan, NY
Nash: "Brady was not just generally aware. He was involved." Berman: "Why doesn't it say that?"

Stephen Brown ‏@PPVSRB 47s47 seconds agoManhattan, NY
Berman: How did he pick steroid use to explain he suspended Mr. Brady four games?"

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I suspect that Berman is building toward the conclusion that Goodell acted arbitrarily and outside the bounds of the CBA. Is there any other way that this series of questions are all relevant?

So the NFL was generous not giving Brady 8 games ! 4+ 4 psi and non coop . In actuality they don't want Pats winning SB again .

Matt TaibbiVerified account‏@mtaibbi
Berman also ripped NFL lawyer Nash for implying Brady "probably" had done this before.

Kessler: "They want the protections of arbitration, but they must adhere to the limits of arbitration."

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https://twitter.com/BobMcGovernJr/status/634047316945694720

TommyD4207 said:

That second one had me laughing for a full minute.

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I'm not laughing as much as you... Berman seems to be minimizing the science. I suppose I should be happy he is actually delving into the case instead of just looking at "is RG allowed to do this", but still.... Untrained eye : Berman thinks something WAS done to the balls, but disagrees strongly with how NFL handled case with no proof and botching all the evidence.

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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Give Nash credit. He's got a lot of balls telling the judge what's relevant.

I agree with the point Stephen Brown made, that Berman may have tipped his hand a bit to push the NFL towards settling this. He clearly has serious problems with both the Wells Report and Goodell's conclusions. From what I have read, he even went into the process more this time - Pash not testifying, etc. So this is all very good for Brady and the NFLPA. However, and I don't mean to put a damper on things as I am extremely positive after today's hearing about Brady's case, but it could be that Judge Berman really thinks that the NFL's settlement offers have not been made in good faith and that the NFL simply seeks too much right now. But really crushing their attorney in court today, he could be sending a message that they need to get more realistic, without actually having decided how he is going to rule yet.

The biggest positive I took away from today is not Judge Berman again calling into question the "facts" (or lack thereof) underlying Brady's punishment, but rather, Judge Berman diving more into how the NFL screwed up the process. Because this is what the decision is ultimately going to come down to.

voluntarysaftey said:

Nash, adding: "There are people in the NFL who believe it should be four games for ball deflation and four for not cooperating."

So failure to turn over a personal device -- for which there is no legal or cba obligation is now worth 4 games according to Nash.
How much would 'not answering questions' be worth.
Goodell should get fired since he failed to meet his own standard in the investigation into his handling of Rice.

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This is the exact type of scummy, Patriot-hating bias the NFL would've been wise not to draw attention to.

farn said:

I'm not laughing as much as you... Berman seems to be minimizing the science. I suppose I should be happy he is actually delving into the case instead of just looking at "is RG allowed to do this", but still.... Untrained eye : Berman thinks something WAS done to the balls, but disagrees strongly with how NFL handled case with no proof and botching all the evidence.

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It seems that Berman is looking at the process, and finding it wanting. That's a huge win, if true.

"Fundamental fairness"
"Impartial evidence"

That's winning language against arbitration

Patsfanin Philly said:

I think/hope that the judge's line of questioning is essentially dropping hints and leaving bread crumbs for the league to follow to move on their settlement demands. Whether the league is smart enough to pick up on it or just too pig headed remains to be seen....They ( schmucks at 345 PArk Av)are used to getting their way and may be too obstinate to move in their demands despite getting slapped by Federal judges in the past...repeatedly..

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NFL will settle on the 30th. Only question is what. If brady said fine no games then they will argue about the fine. If brady offered a game , they will want at least 1 game. Once its out on the table its there. Thats why I hope Schefter report is untrue.

farn said:

I'm not laughing as much as you... Berman seems to be minimizing the science. I suppose I should be happy he is actually delving into the case instead of just looking at "is RG allowed to do this", but still.... Untrained eye : Berman thinks something WAS done to the balls, but disagrees strongly with how NFL handled case with no proof and botching all the evidence.

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Something DID happen to the balls. They were deflated by mother nature.

If am Brady now, I am not settling for anything less than a complete exoneration and Goodell kissing his arse on the 50 yard line on opening night.

Also, as an attorney, I am considering giving up my current practice and offering to work for Kessler for free. Seriously, that guy is at the top of his game.

What Brady should be saying to NFL with regards to settling now:

Max Stendahl ‏@MaxLaw360 17s18 seconds ago
Another fun Kessler line: Referred to NFL expert report on ball deflation measurements as "angels dancing on the head of a pin."