A layman's opinion here.
I have to believe that it is crystal clear to judge Berman that Roger has abused his authority given to him.
Roger has mischaracterized Brady's testimony during the appeal and lied during the Ray Rice trial. Judge Berman is aware of this and I have to think this has some influence in his thought process.
I understand that this could go either way but Judge Berman has to see that if rules in favor of the NFL that it would set a precedence that would basically remove any ability for a player to reasonably defend himself in the future.
If Judge Berman vacates this award (the suspension) the NFL would be put in the position of renegotiating for controls during the next CBA meetings. Doesn't that seem like the logical way to go? Stop the abuse of power and allow both parties to renegotiate the controls within the CBA.
Judge Berman knows that Roger is abusing his power and must think that if he rules in favor of the NFL it will effectively solidify Roger's totalitarian control if not make it worse.
Judge Berman has already alluded to that he has reason(s) to vacate the award. He has also alluded to that something stinks on the NFL side. Why would he set a dangerous precedence that would give Roger more power or control?
I apologize for the randomness of this post.
You have to remember that this ruling will not only serve as case law for the nfl, but also for any other employee/employer relationship governed by a cba.
So let's change the the parties up a little, for a view on the real world impact (as I understand, again, IANAL. Also, don't let the poor comedic attempts detract from the main point). Tim Brady is a automotive factory worker at Ford. He also drives a Ford truck, and recently purchased and installed some chrome (factory option) accents for his truck. Manager Kensil (after a long sunday at the strip club) saw said accents, and immediately assumed Tim, a 15 year employee with an impeccable record, stole said accents. Mgr kensil can barely afford to put gas in his yugo, so how could Tim afford such a nice truck and upgrades? He immediately reports Tim to management, and tells Tim he is "in big ****ing trouble," as he walks in from his Monday lunch, the usual 15 minutes early. Plant manager Roger Goodumbass sees the report Tuesday, and immediately launches an investigation to see if any products are missing. After a few months, the investigator, Ted Pedostache, concludes that while no product matching the description of Tim's upgrades seem to be missing, it is more probable than not that Tim can't afford said parts, and was generally aware of the custodian stealing and installing them for him.
Unfortunately, Tim paid cash for the parts, and did not feel the necessity to save the receipts or packaging. Goodumbass agrees with the Pedostache's findings, and terminates Tim's employment. Tim of course appeals, and hands over copies of his finances, which show a cash withdrawal for approximately the same amount as the cost of the parts, about a day before his claimed purchase date. Goodumbass ignores these facts, and claims that it is unreasonable for Ford to dissect Tim's finances, and issues a ruling upholding the termination, while claiming Tim was "clearly leading a scheme to steal products from Ford for personal financial gain."
There is no way Berman could morally accept a corporation having such unchecked and unbridled power to viciously defame, and ruin it's employees with zero evidence. At least that's what I keep telling myself. Here's a shot to Goodell going down, again, in court.
) Not even Berman can expect Brady to "settle" when a preponderance of the evidence explicitly states that he never did anything wrong, because NOTHING wrong was done in the first place. Not only that a preponderance of the evidence shows that the league office's arrogance and incompetence has left the Judge with more than enough technical legal points to allow him to overturn what should have been (in capable hands) un-overturnable .
