I do wonder if it's at least possible that, if Berman rules against the NFL, the contingent of owners who just want this to be over might win out. I really doubt it, though. Losing this case is essentially a CBA concession, and I don't see the owners wanting any kind of concession made without exhausting all avenues to avoid it.
OTOH, if they realize that they have a losing hand, they may wish to avoid appealing up to the circuit court and losing there, creating a binding precedent across the second circuit (all of NY, CT, and VT) re: Goodell's authority as commissioner.