I just read the NFL's filing from yesterday from start to finish (as I read Kessler's filing last night). It is short and to the point and it is clear that the League has gone "all in," for now, with its original findings and subsequent statements.
Their arguments boil down to something like: "pay no attention to the ravings of the NFLPA and Kessler, the law is still on our side." Specifically:
1) Brady was given appropriate notice: "the Union’s argument that the Commissioner disregarded the 'law of the shop' regarding 'advance notice of discipline' is both incorrect and, as a matter of law, irrelevant."
2) No matter how flawed the process, "as a matter of law, the Commissioner’s evaluation of the evidence is binding here."
3) Goodell didn't move the goalposts when he redefined Brady's violations: "In concluding that Brady 'knew about, approved of, consented to, and provided inducements in support of the ball tampering (Award at 10), the Commissioner confirmed the initial basis for the discipline."
Interestingly enough, nearly every external case cited is of a large corporation prevailing against a labor union.
So, we have two sides that are, for the moment at least, "all in."
I am as certain as an outside observer can be that Kessler isn't bluffing, if for no other reason than that Brady has already testified under oath that he did not do what he is accused of doing. Kessler left himself wiggle room in court on two fronts on Wednesday: Brady could have handled better how he disposed of his cell phone (on, as Kessler went to pains to point out, the advice of Yee); yes, maybe the Dorito Dinks did something they shouldn't have done, but there is no demonstrated or demonstrable link between any possible activities on their part and Brady.
I have no way of telling whether the League is bluffing and will try to cut a deal at the last minute. The League knows that Brady won't admit culpability and it also knows he won't accept a suspension. Has Kessler given them enough room to craft a solution? I don't know. They might be going to the brink and waiting to see if Berman tips his hand when they meet with him this week.