Schefter: Giants owner John Mara declines to participate in settlement discussions with Brady, NFL

[Kontradiction]

According to NESN, another anonymous owner is saying that Deflategate has been "embarrassing to the league". I wish the team had fought Spygate like this. And that anonymous owner, if he exists, probably just wants this to be over with too. Hopefully this issue is turning more and more owners against Goodell so they can begin the process of ridding the league of this clown. FFS, a chimpanzee can run the NFL and still make it money. They don't need him.

 

[Brewskies]

http://espn.go.com/nfl/story/_/id/1...john-mara-join-tom-brady-nfl-settlement-talks

Mort is very clearly and openly repeating what the league told him. Hence, it is plausible that he got the story right. In his version:

• Judge Berman asked for Mara to join the settlement talks, because he's chairman of the Executive Committee.
• The league said "Naah, that's inappropriate, because Goodell is the god-king of the NFL. Besides, Mara's from another team, so that aspect would be awkward."
• Mara said "Yeah, what the league said; that's right."

I just heard on NFL Radio that the Judge asked the league office to ask Mara to join in the settlement discussion . The League office refused to ask Mara and told the Judge that Goodell is the one dealing with the settlement. Mara was never asked by anyone and he has reported that he never heard about the request.

 

[obgod3]

Just kind of dumb by the league to ignore the judge here. I dont want Mara in on this but blowing off the judge is just plain stupid and arrogant.

 

[Ring 6]

Rejecting a specific request by the judge to facilitate mediation...that won't make the judge feel that the NYJFL is sincerely interested in reaching a settlement as he has requested

While the judge has asked the parties to settle, he cannot tell them how to, or penalize them for how they negotiate.
Just as he cannot penalize Brady for saying I'm not guilty and will not admit guilt of accept suspension under any circumstances, he cannot penalize the NFL for saying they will not bend on what they will accept and that Goodell is the one charged with handling it.

It certainly illustrates the stupidity and venegeful attitude of the league but it won't affect the decision the judge makes.

 

[Zeus]

If it is true that Judge Berman requested Mara's involvement, that is a very clear indication that the judge himself recognizes that Commissioner Scheisskopf is THE problem. Remember that Scheisskopf could not make a deal with the union during the last CBA negotiation - Bob ("Mr.") Kraft had to intercede or there would have been no deal.

Time for the owners to wake up and deal with the monster they have created.

 

[obgod3]

he cannot penalize the NFL for saying they will not bend on what they will accept and that Goodell is the one charged with handling it.

It certainly illustrates the stupidity and venegeful attitude of the league but it won't affect the decision the judge makes.

From legal perspective I am sure your right. However human nature is what it is, if the judge feels the NFL is slighting him or ignoring him Im betting he can and has already found a "legal" way to rule against them, this would help. its like saying human nature and personal feelings have never been used to rule on a case...we know thats not true.

 

[mihap]

Luckily for us that they didnt request Kraft to participate in settlements.
He d be like:
Oh tommy plz settle this with 3 games and confess. There are 31 teams and fans who would like u to do that. Screw patsfans. Before training camp we ll throw them a bone how godell is unfair and they ll be eating from our hands.

 

[Ring 6]

From legal perspective I am sure your right. However human nature is what it is, if the judge feels the NFL is slighting him or ignoring him Im betting he can and has already found a "legal" way to rule against them, this would help. its like saying human nature and personal feelings have never been used to rule on a case...we know thats not true.

We don't 'know that's true'. A seriously doubt a Federal judge is going to think the right thing to do is rule one way, but since he wanted a settlement and the side he was going to rule for was unwilling to settle, he will negligently, unprofessionally and immorally rule the other way.
I know you are looking at this from the standpoint that it will help Brady, but flip it and see how you feel.

Berman knows Brady did nothing. Berman believes the case supports vacatur. Berman would prefer a settlement. Since Brady won't play ball and settle by just taking 1 game and accepting the Wells report, he pisses off the judge, so he will rule against him. That makes no sense.

 

[Ring 6]

Luckily for us that they didnt request Kraft to participate in settlements.
He d be like:
Oh tommy plz settle this with 3 games and confess. There are 31 teams and fans who would like u to do that. Screw patsfans. Before training camp we ll throw them a bone how godell is unfair and they ll be eating from our hands.

If they asked Kraft to participate, he would be publicly on the NFL side instead of privately.

 

[obgod3]

@AndyJohnson to say personal opinions dont affect a ruling is just not true.

 

[Fencer]

I just heard on NFL Radio that the Judge asked the league office to ask Mara to join in the settlement discussion . The League office refused to ask Mara and told the Judge that Goodell is the one dealing with the settlement. Mara was never asked by anyone and he has reported that he never heard about the request.

So you're saying the letter in which he "respectfully declines" to participate doesn't exist, except in the imagination of the NFL and various reporters?

 

[Fencer]

While the judge has asked the parties to settle, he cannot tell them how to, or penalize them for how they negotiate.
Just as he cannot penalize Brady for saying I'm not guilty and will not admit guilt of accept suspension under any circumstances, he cannot penalize the NFL for saying they will not bend on what they will accept and that Goodell is the one charged with handling it.

It certainly illustrates the stupidity and venegeful attitude of the league but it won't affect the decision the judge makes.

There are exceptions to your point, and the exceptions could matter.

• If Berman decides to vacate and order a re-arbitration, then he has to specify some details of the rules of the game. How he feels about the parties' reasonableness could affect those details.
• How he words his ruling could also matter in future legal proceedings, and his decision on the wording might be affected by human nature/who he's mad at.

 

[raduray]

@AndyJohnson to say personal opinions dont affect a ruling is just not true.

I believe that judges form a personal decision about "justice" and will, if possible, try to craft a decision within the law that should withstand appeal.

 

[1960Pats]

Mort said on ESPN ...

Sorry JD, but I couldn't read one word past that.

 

[Ring 6]

There are exceptions to your point, and the exceptions could matter.

• If Berman decides to vacate and order a re-arbitration, then he has to specify some details of the rules of the game. How he feels about the parties' reasonableness could affect those details.
• How he words his ruling could also matter in future legal proceedings, and his decision on the wording might be affected by human nature/who he's mad at.

Well those are certainly valid issues, but they will depend on the facts, not on whether the parties felt they should give up things they are uncomfortable with just to appease the judge.

 

[Ring 6]

@AndyJohnson to say personal opinions dont affect a ruling is just not true.

Then we disagree.
I believe judges rule on the facts, and do not decide a case based on thinking that one side should capitulate even though they will win, so he is going to show then and issue a ruling that doesn't follow the law or facts.
I imagine I trust the integrity of Richard Berman. I suppose you do not. That is fine, we have no real way of knowing which of us is correct.

 

[1960Pats]

wtf is "the league"? I work full time in a professional sports league, so I can say with some authority that Mort is making about as meaningless a statement as you can get. A sports league is a loose confederation of many organizations and the employees and owners and executives therein. A sports league is not a person. A sports league cannot have an opinion. A sports league cannot "consider" anything. Saying that "the league" didn't want Mara to participate is a garbage statement that obfuscates the actual actors, most likely by design.

Mort, if it is not your intent to deliberately prevent your readers from understanding the nature of this story, just come out and tell us whose opinion it is. Did the commissioner decide that it was a commissioner-only matter? Or did other owners? Executives in the league office? The NFL's legal counsel? Without knowing that, we don't know anything.

People who read what Mort says are know nothings

 

[BradyFTW!]

Then we disagree.
I believe judges rule on the facts, and do not decide a case based on thinking that one side should capitulate even though they will win, so he is going to show then and issue a ruling that doesn't follow the law or facts.
I imagine I trust the integrity of Richard Berman. I suppose you do not. That is fine, we have no real way of knowing which of us is correct.

Personal opinion isn't supposed to influence how a judge rules. But if judges were 100% objective, it would be a lot easier to forecast how rulings would go down. There's room for interpretation in a lot of the issues at hand, and where there's interpretation, personal opinion will always become a factor. I agree that it shouldn't become a major factor, since part of being a responsible judge is ensuring as much, but it won't be a total nonfactor either. Judges are human.

 

[Ring 6]

Personal opinion isn't supposed to influence how a judge rules. But if judges were 100% objective, it would be a lot easier to forecast how rulings would go down. There's room for interpretation in a lot of the issues at hand, and where there's interpretation, personal opinion will always become a factor. I agree that it shouldn't become a major factor, since part of being a responsible judge is ensuring as much, but it won't be a total nonfactor either. Judges are human.

That isn't the point at hand.
Of course judges are human and see things through their own views, but the suggestion was that the NFL refusing to give up anything in negotiations would color the judge to the point where even though the NFL should win, he would rule against them. I find that ridiculous.

 

[obgod3]

Then we disagree.
.... so he is going to show then and issue a ruling that doesn't follow the law or facts.
I imagine I trust the integrity of Richard Berman. I suppose you do not.

I absolutely do believe he will rule and follow the law and facts. Im not saying he will rule with bias. What Im saying is that how he perceives he is treated in his "role" will affect his analysis, it is human nature and the NFL asked him for this. Any judge can rule "legally", there are many ways to do it and I do think he will rule legally. I did not mean to imply he would rule without legal precedent, only that the NFL blowing him off makes it more likely for him to find that legal precedent. I still believe it is impossible to take away the human element. Good conversation though.