Judge orders "good faith" settlement talks today

[patfanken]

Just one scary thought that occurred to me. This isn't just Tom Brady's court case; its Tom's and the NFLPA's. Now the PA's goals and Tom's goals don't always coincide. There are several kinds of settlements that might meet the PA's needs, but not Tom's.

For example a settlement that includes 0 games and a fine, would be a big win for the PA, but forever seal Tom's legacy as a cheat. I worry that the PA might pressure Tom to do the right thing for the PA and take a deal. I desperately hope he resists.

 

[Ring 6]

And I think Judge Berman is fully aware of this.

The whole "settle" thing is pretty standard fare. He has to do it.

Of course he is. I wasn't implying Berman does know that, but that people saying such things misunderstand.

 

[Ring 6]

Just one scary thought that occurred to me. This isn't just Tom Brady's court case; its Tom's and the NFLPA's. Now the PA's goals and Tom's goals don't always coincide. There are several kinds of settlements that might meet the PA's needs, but not Tom's.

For example a settlement that includes 0 games and a fine, would be a big win for the PA, but forever seal Tom's legacy as a cheat. I worry that the PA might pressure Tom to do the right thing for the PA and take a deal. I desperately hope he resists.

The NFLPA is representing Tom Brady. There goals cannot conflict,, first because they have an ethical responsibility to represent his needs, and second because they both want the same thing.

 

[YOUGOTMOSSED]

The thing that the entire BSM, and pretty much everyone is overlooking on that, is that the courts have already ruled on the infallibility on Article 46, a couple of times. Not in the NFL's favor, I might add.

Even though it was in a couple of different courts, that stuff matters.

Kessler's brief is pretty convincing on the issue of notice. Despite guilt or innocence, under the CBA, you can't simply "surprise" a player with a suspension for an equipment violation especially in light of recent violations resulting in a nominal fine (Chargers) or nothing (heated balls Panthers or Rodgers publicly admitting equipment tampering).

 

[patfanken]

The NFLPA is representing Tom Brady. There goals cannot conflict,, first because they have an ethical responsibility to represent his needs, and second because they both want the same thing.

Thanks, good to know that. Just one less thing to worry about.

So thanks to you, now I'm down to blood flow to my legs, blood sugar, and deflategate.

 

[RobertWeathers]

The NFLPA is representing Tom Brady. There goals cannot conflict,, first because they have an ethical responsibility to represent his needs, and second because they both want the same thing.

Yes but the NFLPA's objectives in this case are much more strategic in nature than TB12's.

For example I doubt Brady cares at the level of the NFLPA in trying to further establish legal precedent when challenging player punishment levied by the NFL and/or using it as a foundation in eventually changing the framework of Article 46.

Then again, with what they did to him here maybe he see this as more than about his own situation now?

 

[Dr Pain]

Only settlements I can imagine

1) Agreement to send to neutral arbitrator after the season (what I expect the court to rule anyway)

2) Agreement to shelve till after the ball PSI data is collected this season

Basically kick the can down the road.

 

[Oswlek]

Felger and Mazz pretending like they're lawyers today is the absolute height of entertainment.

It's the height of something, that's for sure.

 

[Zeus]

My guess (pure speculation) is that the NFL will offer little or nothing in the way of compromise because, after all, they are the NFL, so why should they. If this is true, it wouldn't take much for Brady and the NFLPA to seem reasonable by comparison.

I think Brady's outside limit should be to accept binding arbitration from a court appointed arbitrator and waive the right to any defamation actions (the letter not being a particularly big concession in my mind). I do not believe there is any way the NFL would agree to giving a neutral arbitrator full authority to adjudicate the case without any recourse on their part.

The tactic to employ here is to wait for Commissioner Scheisskopf and his legal goon squad to overplay the NFL's hand, allowing Judge Berman to confirm what he already probably suspects, that Scheisskopf is a bully and a moron.

 

[RobertWeathers]

Only settlements I can imagine

1) Agreement to send to neutral arbitrator after the season (what I expect the court to rule anyway)

2) Agreement to shelve till after the ball PSI data is collected this season

Basically kick the can down the road.

Florio seemed to believe that this judge wants to end this thing- now.

 

[BlueThunder]

Thats ok. TB12 offered backstage passes at the Victoria's Secret Fashion Show and free tickets to the "Cruise With Gronk" on February. How can any man resist that?

Of course Judge Berman is 71 so he'll need a EKG and a stress test before attending

I'm 71 and I'd be willing to take an EKG and Stress Test to attend that runway show !!

 

[Ring 6]

Thanks, good to know that. Just one less thing to worry about.

So thanks to you, now I'm down to blood flow to my legs, blood sugar, and deflategate.

Not to mention world hunger, mad cow disease, and how they can fit so many clowns in those little cars.

 

[mosey threetupu]

What was the dude's name?

I think it was Brandon if I remember right. No kidding.

 

[TommyD4207]

Just one scary thought that occurred to me. This isn't just Tom Brady's court case; its Tom's and the NFLPA's. Now the PA's goals and Tom's goals don't always coincide. There are several kinds of settlements that might meet the PA's needs, but not Tom's.

For example a settlement that includes 0 games and a fine, would be a big win for the PA, but forever seal Tom's legacy as a cheat. I worry that the PA might pressure Tom to do the right thing for the PA and take a deal. I desperately hope he resists.

The NFLPA can't pressure Brady to do a goddamned thing.

Trust me, the PA would want nothing more than a totally vacated award. If there is any pressure by the NFLPA, it's to stick it out. A fine does nothing for them, because in reality, it's a fine for absolutely nothing, and sets a terrible precedent.

 

[TommyD4207]

It's the height of something, that's for sure.

Oh trust me, it's entertaining, if you care anything for Schadenfreude.

 

[TommyD4207]

Only settlements I can imagine

1) Agreement to send to neutral arbitrator after the season (what I expect the court to rule anyway)

2) Agreement to shelve till after the ball PSI data is collected this season

Basically kick the can down the road.

Only #1 is possible in this setting, and that would be a result of the penalty being vacated.

(Apologies for triple post, holy crap)

 

[The Gr8est]

My guess (pure speculation) is that the NFL will offer little or nothing in the way of compromise because, after all, they are the NFL, so why should they. If this is true, it wouldn't take much for Brady and the NFLPA to seem reasonable by comparison.

I think Brady's outside limit should be to accept binding arbitration from a court appointed arbitrator and waive the right to any defamation actions (the letter not being a particularly big concession in my mind). I do not believe there is any way the NFL would agree to giving a neutral arbitrator full authority to adjudicate the case without any recourse on their part.

The tactic to employ here is to wait for Commissioner Scheisskopf and his legal goon squad to overplay the NFL's hand, allowing Judge Berman to confirm what he already probably suspects, that Scheisskopf is a bully and a moron.

This is worth a like just for the Scheisskopf.

 

[PatriotsReign]

The judge can say whatever he wants and he can punish whomever he wants. If Brady caves, all respect gone. If Brady is truly innocent (as most of us do) and accepts a punishment, then he can just go to work, help the team win and I will cheer for him on the field only.

No one really cares how you feel about Brady...but since we're sharing, he has my full support no matter what happens

 

[farn]

No one really cares how you feel about Brady...but since we're sharing, he has my full support no matter what happens

Goody gumdrops for you. I said that if he is innocent and accepts a penalty, then I cannot respect that. I don't think I'm alone in saying that accepting a penalty when you are not guilty is ridiculous.

 

[skinnydog]

A settlement would have minimal precedential value.

Actually it does. It means the NFLPA concedes Goodell can make it up as he goes along as long as he claims a players conduct was dentrimental to the game