From Florio - Interesting commentary on judicial proceedings

[RhodyPatriot]

http://profootballtalk.nbcsports.com/2015/08/01/judge-berman-takes-full-control-of-brady-case/

Interesting tidbit, Florio has been told it was the league who insisted the documents be sealed and the NFLPA agreed. Thought we heard it was Brady who insisted the docs be sealed as a part of any settlement.
Hmmm....

I say let the sun shine in on all of this Tom Brady. INSIST all docs be made public as part of any settlement.

 

[Rob0729]

I may be reading too much into this, but Florio broke down Judge Berman's letter from Friday. Two things stood out:

First, it’s clear that the judge has been studying the case and knows the issues. He probably already has an idea regarding how he would rule on the case; there’s really not much either side can do to change his mind in only 15, double-spaced pages.

Fifth, it’s clear that Judge Berman won’t be inclined to keep any documents under seal, based on this sentence: “I always have considerable difficulty approving any sealed documents, given the keen public interest in these matters and the public’s right to know.” In other words, the full transcript of the Tom Brady appeal hearing eventually will be released, if the case isn’t settled.

That’s a win for the NFLPA and Brady. Although the NFL would say that the parties agreed to seal the transcript, a source with knowledge of the situation tells PFT that the NFLPA agreed to seal the transcript at the insistence of the NFL.

The best way to keep the transcript from ever being released to the public (barring a leak) would be to settle the case before the judge has to decide whether to approve the filing of the transcript under seal. And Judge Berman knows that. And now the NFL and NFLPA know that he knows that.

http://profootballtalk.nbcsports.com/2015/08/01/judge-berman-takes-full-control-of-brady-case/

If Judge Berman has actually made up his mind as Florio suggests and he is threatening to release the transcripts of the appeal hearing which Brady and the NFLPA want and Goodell and the NFL do not, it sounds like Judge Berman is basically threatening the NFL to cave in and settle or they face having the appeal transcripts released and lose in court anyway.

 

[Rob0729]

I just started another thread. Florio thinks Judge Berman has already decided how he is going to rule and basically it looks like he is pressuring the NFL to cave. If he is threatening to unseal the transcripts and the NFLPA and Brady want them unsealed, it seems like a clear warning to Goodell and the NFL.

 

[Hoodie]

I wish there were an "I hope so" rating.

 

[SVN]

I have gotten my hopes up many times with many such news . Tide is turning and what not. But nothing is for sure anymore. My only hope is that there is no settlement from NFLPA other than no games. I just hope they dont compromise just to get it over with with 1 game or 2 games because NFL obviously cannot settle to no games after writing down a slam dunk arbitration ruling. As far as what I read , Brady wanted to seal the docs because presumably didnt want the destroyed cell bit come out or maybe the list of numbers and texts he gave to come out. I really dont know what to believe.
I hope there is a way the judge orders re arbitration in front of neutral arbitrator.

 

[Ivan]

I hope you are right but my track record is so bad on this that I can only do so by predicting logic will play no role in any outcome. If I if it does it will be a first in this case.

 

[Jim Colclough fan]

Florio is right. The Judge will force a settlement.

Neither side will be happy with the outcome

 

[MassPats38]

Federal courts typically do not file documents under seal unless there are pressing public policy reasons to do so or the matters are protected by law (victim identification, health issues, financials, etc.). Even then the documents may be filed unsealed with the information redacted.

The media would be battering the court to unseal the documents given the traditionally open/public nature of proceedings. The fact the parties may or may not want something sealed is of little interest to the court.

The NFL would likely be aware of this (it is fairly basic), so if it intended to fight this in court then it would not have let the issue go this far when court was likely. Forcing settlement would have been the threat of suit, not the commencement of suit with reliance on a rather unlikely motion to file records under seal.

 

[Hoodie]

I'm not sure why any would have gotten their hopes up so far. Up until this point, this process has been run by the League and NO ruling/judgement/media was going to go our way while the League was in charge of the process. We are now up from under their thumb and as a result, you are finally starting to see a shift in the non-NFL supported media who are starting to wake up to this smear campaign.

There's still a long way to go and the outcome can't be certain but I am grateful the curtain is being lifted and I'm happy to take our chances in a court of law.

 

[Rob0729]

This process is out of Goodell's hands for the first time. So sanity and logic should be restored a bit. Unfortunately, the law isn't necessarily on Brady's side, but it does seem that he has made it over the first hurdle that a lot of the so called legal experts said he would never get over - this judge does not seem to have the belief that he cannot get involved with a case of an arbitration decision under a collective bargaining agreement.

 

[upstater1]

Florio is right. The Judge will force a settlement.

Neither side will be happy with the outcome

Brady has retained his own attorney.

He can push this beyond the NFLPA if he wants.

 

[raduray]

I hope there is a way the judge orders re arbitration in front of neutral arbitrator.

Would a court ordered neutral arbitrator consider the evidence (e.g. perfect gas law) or would it be restricted to the process, like the court?

 

[TBR]

I keep seeing the world "settle" and "settlement" which makes me worry.

Seems like this judge just wants to find a "happy medium" between both sides, rather than actually looking at the facts and determining a proper, fair outcome.

 

[Rob0729]

I keep seeing the world "settle" and "settlement"

Seems like this judge just wants to find a happy medium between both sides, rather than actually looking at the facts and determining a proper, fair outcome for himself.

Judge typically try to pressure both sides to settle. He cannot force them to settle though. My guess he will give out signs on where he is leaning based on their written arguments to force one side to cave (or both sides to cave). I take this could be a sign because the League has probably requested the documents to be sealed, but I am just guessing on that.

 

[ctpatsfan77]

I keep seeing the world "settle" and "settlement"

Seems like this judge just wants to find a happy medium between both sides, rather than actually looking at the facts and determining a proper, fair outcome for himself.

To be fair, all judges want that.

 

[jpat]

When you think about it, it really is in the best interest of the nfl to settle and give in. For Brady, it can't be any worse than it is now, public perception he cheated, nfl smear campaign, etc. if he plays hardball and doesn't settle, oh well, he takes his chances with the judge who either keeps it or eliminates it.

For the nfl, if they lose, it sets another precedent of a judge going against him. The next player that goes to court, will be able to reference rice, petersen, hardy, and Brady as precedent. The more precedent against them, the better each case is.

Think about it, without rice and petersen, Brady has a weaker case. The next guys is even stronger if Brady wins.

Brady can't lose anymore than he has already, the nfl has a lot to lose. It depends how strong they think their case is, they have to be nervous after reading the suit.

 

[patfanken]

Personally I don't want the NFL to cave. If the NFL caves and lifts Tom's suspension, the "TAINT" remains. I want the fans to know EXACTLY what happened here, NOT some wishy washy "settlement".

 

[RhodyPatriot]

I just started another thread. Florio thinks Judge Berman has already decided how he is going to rule and basically it looks like he is pressuring the NFL to cave. If he is threatening to unseal the transcripts and the NFLPA and Brady want them unsealed, it seems like a clear warning to Goodell and the NFL.

Sorry about that. Didn't see your thread.

 

[Ring 6]

Personally I don't want the NFL to cave. If the NFL caves and lifts Tom's suspension, the "TAINT" remains. I want the fans to know EXACTLY what happened here, NOT some wishy washy "settlement".

What if the NFL caves, and then people like Florio and Curran continue to expose the story?

 

[Hoodie]

Personally I don't want the NFL to cave. If the NFL caves and lifts Tom's suspension, the "TAINT" remains. I want the fans to know EXACTLY what happened here, NOT some wishy washy "settlement".

But you aren't going to get that from this case. This is about whether or not Goodell has violated the CBA and that's not about whether balls were deflated. First steps first, we need to ensure Brady doesn't miss 4 games. Then we work on lifting the veil on what happened with these stupid balls.