And I'd tend to think that this would be of the utmost importance if he ruled for Brady (vacation of the award).
Reasons being twofold:
a.) Brady is less likely to appeal (should he 'lose') given the potential of missing time later in the season.
b.) The bar was set high for Brady to begin with. Should he choose to 'appeal the appeal', the chances of him winning said appeal would be infinitesimally small.
The opposites apply should he rule against the the NFL......
Sorry, gotta call BS on the TB half of your argument. The dynamics don't change for him, he loses little by appealing again:
1 more money - he has that,
2. any appeal would undoubtedly involve an injunction on imposition which could very easily be pushed out a whole season- so I don't buy the late season part,
3. his legacy is affected by the loss of four games whenever they occur-so he will fight for that legacy
4. Disagree the bar is high-nfl lost what percent of their recent cases? 4 of 5 I think-80%.
4b. Sure the bar us high for 'general arbitration cases' -this ain't a general case. And if Berman goes against ALL FOUR SOLID LEGAL ARGUMENTS, then this thing was personality driven, and at that point take your chances with the next set of personalities at the circus court level
BOTTOM LINE: Berman has to know that whichever way he rules the losing party will UNDOUBTEDLY APPEAL.
But in my opinion, the nyjfl appeal would be a pro forma thing where they are just a dog marking their territory. do the appeal so they can go to the press /owners and say we didn't give up, he was still guilty-he just got away with it.
I believe the clerk term theory and that he is just doing due diligence on a lengthy paper (assuming the 50pg estimate is roughly accurate). He doesn't want to be made fun of over typos.