JoeSixPat
Pro Bowl Player
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- Nov 8, 2004
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Very interesting piece. Not super rosy, though
http://thesportsesquires.com/even-i...l-court-the-final-outcome-is-still-uncertain/
It's a great read to get a sense of the history of these disputes that have made for routine suits brought to court
Don't think Judge Berman isn't aware of that.
So here's one take that COULD play out - I'm not saying it will but I do have some insight into how Judges think from previous employment, so bear with me
#1 - No judge likes to be overturned. So assuming they don't settle Berman needs to make a ruling that will hold up to appeal.
#2 - No Judge - in fact ALL Judges - don't like frivolous suits clogging up their courts. And in fact that's why you see this push for settlement
#3 - If there is no settlement, and given Berman's tenor (now having read the 8/12 transcript with Berman's "let's cut through this BS and start with the findings - which are crap and you, Pash, know it" attitude) I can see a scenario in which Judge Berman tries to do the rest of the Judicial system a favor by getting the NFL to end this type of BS that dates back to the initial CBA agreement and only looks like it's going to get more active - with more suits - unless the NFL gets a clear directive from the courts
How Judge Berman does this, remains to be seen - but I see him setting himself up to make a public statement about the NFL employing an unfair, biased process that produced very questionable outcomes - at BEST
A bit of a public chastisement, telling Goodell to go back to the drawing table, employ a truly independent investigator and a truly independent arbitrator (as some speculate the inner chamber discussions may have focused on) and STOP this endless parade of Goodell acting like the CBA gives him the right to fabricate scandals and act in an unfair manner - as Berman will make clear IT DOES NOT
If I'm Berman and his colleagues - even those at the appellate level, it seems to me that while advising the NFL they CAN appeal - Berman can suggest they're better off improving a very very biased and unfair disciplinary system which is giving all his fellow Judges work they don't want or need
That's the hope anyways - we shall see
While I was among the first to say, "don't read too much into the Judges questions as he can play Devil's Advocate" - I really don't think that's the case here. Berman is miffed the NFL has done such a piss poor job of being fair (and that's EVEN if there WAS truly deflation because I'm not sure Berman truly believes there was) that it's making his life difficult and he's already sick of it
