New Order From Judge Berman (Friday 7/31 Afternoon)

[rochrist]

What I am hoping for is something like this:
-Tom Brady - "After this process and a better dialogue with the NFL during the settlement talks, I have come to understand my role in this matter from a different perspective. I maintain that I never advised nor know about ball tampering at any time. That said, there were irregularities on the night of the AFC title game and in order to protect the game, these things must be taken seriously.

After talks with the NFL, commissioner Goodell most especially, I accept that in order to bring closure to this matter and to maintain good faith across the league penalties must be levied and accepted. The NFL will shortly announce the settlement we have reached. I agree with the conditions and believe them to be fair and correct. After the announcement I will not answer nor address this issue again. Thank you."

-The NFL - "Tom Brady is suspended for the 2015 preseason schedule for the irregularities found during the 2014 AFC title game. The NFL, during this process, has found that the process of investigation was incomplete in no small part to the absence of set ball testing parameters and a poor system of compliance. The NFL has already detailed the new ball testing protocol to be in place in 2015, and Tom Brady has been fined $100,000, all of which will be applied for payment of the additional personal and equipment required to implement this system in week 1 of the 2015 season. We consider the matter closed and will not respond to further inquiries."

One can dream.

Nope.

 

[Fencer]

Its good language and I hope brady doesnt settle for anything less than 0 games in front of the magistrate.

Ironically, there's one important way in which a neutral arbitrator for a re-appeal is BETTER for Brady than an immediate win.

• The court case is mainly about "Even if Brady did it, the punishment is ridiculous."
• An arbitrator could focus more on "There's no reason to believe Brady did it."

The latter, of course, is better for PR.

Given that, Brady can afford to take an extremely tough line in the settlement negotiations about punishment, provided he also offers neutral arbitration as an alternative settlement.

 

[Fencer]

George Atallah of the NFLPA said that they offered a no games but only fine settlement to NFL who they didnt responded. Whenasked if brady would accept a 1 game or 2game suspension he said he doesnt know he wouldve to ask Tom. Dont know how brady decides at the 11th hour. I doubt NFLPA wants to settle less than anything of a total win without which their case wrt to the CBA abuse wont go anywhere. Now depends on Tom if he feels he can to risk going the judge to decide or compromise.

I'd add to my previous post that Brady should also offer a one-year deferral, with a re-appeal before a neutral arbitrator after the league collects PSI data.

 

[Fencer]

what about the last summer days in the Hamptons?

A lawyer once called me to ask for a reschedule so he could go early to the Hamptons. To mess with him, I said no. He started screaming and threatening me with sanctions.

NY real estate lawyers are the scum of the earth.

 

[SVN]

http://itiswhatitis.weei.com/sports...y-roger-goodell-showdown-to-be-open-to-media/

 

[raduray]

I am not Brady.

I can't imagine for a second that anything other than ZERO games would be satisfactory. Brady doesn't need the money, or another ring to cement his on-field legacy, or any admission (or seemingly admitting). I would think and hope that Brady would rather lose and sit 4 games than cave at this point. The man's honour is at stake. Screw negociations and screw RG.

As the judge suggested it, I would think that an attempt at negotiation would be worth pursuing. At least go through the motions in order to keep on the judge's good side.

 

[RayClay]

My take:

He clearly thinks this is a matter that should not require judicial intervention. He has not even guaranteed the parties the right to file reply briefs (don't read into this that he is for or against Brady, this is being imposed against both parties, and I've had a similar order imposed in one of my cases by a different judge). By ordering one conference for 8/12 - before replies (if permitted) would be filed, he is essentially giving both parties one chance to make their best case in 15 pages by 8/7.

It is also good language, in my opinion, that he is hesitant to seal documents. Typically this favors the party in the NFLPA's position, since it is the NFL who really wants most of the information to remain confidential.

Thanks...and to all the lawyer posters too.

 

[RayClay]

The Hamptons beckon. I expect they're lovely in September when a lot of the summer folk are gone!

Seems to be a bit of a hubbub out in Prout's neck, Scarborough Me. anyway. The Hampton's it is.

 

[RayClay]

A lawyer once called me to ask for a reschedule so he could go early to the Hamptons. To mess with him, I said no. He started screaming and threatening me with sanctions.

NY real estate lawyers are the scum of the earth.

You deflated his balls, in other words.

 

[Hoodie]

What I am hoping for is something like this:
-Tom Brady - "After this process and a better dialogue with the NFL during the settlement talks, I have come to understand my role in this matter from a different perspective. I maintain that I never advised nor know about ball tampering at any time. That said, there were irregularities on the night of the AFC title game and in order to protect the game, these things must be taken seriously.

After talks with the NFL, commissioner Goodell most especially, I accept that in order to bring closure to this matter and to maintain good faith across the league penalties must be levied and accepted. The NFL will shortly announce the settlement we have reached. I agree with the conditions and believe them to be fair and correct. After the announcement I will not answer nor address this issue again. Thank you."

-The NFL - "Tom Brady is suspended for the 2015 preseason schedule for the irregularities found during the 2014 AFC title game. The NFL, during this process, has found that the process of investigation was incomplete in no small part to the absence of set ball testing parameters and a poor system of compliance. The NFL has already detailed the new ball testing protocol to be in place in 2015, and Tom Brady has been fined $100,000, all of which will be applied for payment of the additional personal and equipment required to implement this system in week 1 of the 2015 season. We consider the matter closed and will not respond to further inquiries."

One can dream.

YOU HAVE GOT TO BE KIDDING

 

[BradyFTW!]

I'd add to my previous post that Brady should also offer a one-year deferral, with a re-appeal before a neutral arbitrator after the league collects PSI data.

With the caveat that the league cannot be trusted to collect the data, since league conduct is in question here. The ball data would have to be collected by a truly independent firm.

 

[MuscleCarLover]

YOU HAVE GOT TO BE KIDDING

Just looking for a way out so we can get to real football.

 

[QuantumMechanic]

Agreed. The judge has two options in the ruling:

1. Uphold the suspension

2. Overturn the suspension

That's it. He cannot reduce the suspension to 2 games or issue a fine.

I think he has a 3rd option -- vacate the award and then order re-arbitration. I don't know if he has the power to appoint a neutral arbitrator or can only suggest but not require that Goodell do so.

 

[VectorPrime]

I think he has a 3rd option -- vacate the award and then order re-arbitration. I don't know if he has the power to appoint a neutral arbitrator or can only suggest but not require that Goodell do so.

I'd take this in a heartbeat if the neutrality of the arbitrator can be enforced.

 

[Hoodie]

Just looking for a way out so we can get to real football.

well that's a very bad way.

 

[XLIX]

Agreed.

Anyone who has been to the Hamptons in late Aug/early Sept know that to miss that time of year is sacrelidge.

Nothing beats New England in October.

 

[RobertWeathers]

Nothing beats New England in October.

I agree!

The Hamptons are sick though....

 

[Fencer]

I'd add to my previous post that Brady should also offer a one-year deferral, with a re-appeal before a neutral arbitrator after the league collects PSI data.

It occurs to me that the judge could order just this. And hence he could also strongly influence the parties towards settling on that solution. (Settlement has a couple of advantages over an order, namely agreement over who would arbitrate, and agreement about rules of procedure.)

• If he basically rules against the NFL, he will be saying that their process was wrong. So there are two obvious cures. One is to vacate Brady's punishment entirely. The other is to order re-arbitration with a changed process.
• The obvious change is to have a neutral arbitrator.
• Since in this secnario the NFL is being found at fault for the whole thing not being over by now, the timing of the do-over should be what's least bad for Brady -- and that would obviously be shortly after the end of the upcoming season.

 

[Fencer]

With the caveat that the league cannot be trusted to collect the data, since league conduct is in question here. The ball data would have to be collected by a truly independent firm.

A truly neutral arbitrator is a partial safeguard against that problem -- but yes, I basically agree with you.

 

[bradydaman29]

I'd take this in a heartbeat if the neutrality of the arbitrator can be enforced.

No such thing as a neutral arbitrator.