NFL, NFLPA quickly accept invitation to use Magistrate Judge for settlement talks

[Ross12]

Albert Breer ? @AlbertBreer
Asked how he first learned about DeflateGate, Brady said "On the radio show the following morning." His reaction? "I couldn't believe it."

 

[PatsFanSince74]

ProFootballTalkVerified account?@ProFootballTalk
Per source, Judge has directed NFL-NFLPA to submit paperwork not under seal. It means Brady transcript eventually will be public

Eventually, everything will most likely be made public as Berman has said that that is his predilection ("I always have considerable difficulty approving any sealed documents, given the keen public interest in these matters and the public's right to know. It's up to you whether to file any sealed motions or sealed document applications at this time., especially because of the high degree of public interest in the case.")

Like most everyone else out here, I'm assuming that it was the NFL that wanted this stuff sealed and that Brady only stands to gain from transparency. If he doesn't...well, it's back to the old drawing board, I guess.

 

[SVN]

Albert Breer ?@AlbertBreer 2m2 minutes ago
Brady testimony says they used two-month-old balls for Jets game, didn't want to do it again, so changed they their process for the AFCCG.

What does it mean ? And isnt it funny Breer is tweeting brady's testimony and the usa today guy is tweeting NFL's?

 

[smurfalarm]

I guess im dumb because I dont really know what that means to this.

It means that the NFLPA has submitted the transcript of the appeal hearing as evidence before the court, so it will become an official part of the (public) court record.

 

[SVN]

breer is such a piece of ***. Only tweeting brady's testimony so far.

 

[BobDigital]

Here is a thought i have not seen so far. When a judge ask you to talk to a abritrator do you want to say no and get on his bad side? Of course you will "try". If one side says yes and the other says "no we want to go straight to trial" that might not be the smartest thing. Not to mention due diligence to see if you can get the deal you want without going to trial.

 

[PatsFanSince74]

Whoa. This is all happening fast and "in real time." Florio might have been right that it gets wrapped up this week.

 

[PatsFanSince74]

Here is a thought i have not seen so far. When a judge ask you to talk to a abritrator do you want to say no and get on his bad side? Of course you will "try". If one side says yes and the other says "no we want to go straight to trial" that might not be the smartest thing. Not to mention due diligence to see if you can get the deal you want without going to trial.

Question for the lawyers out here.
Is "going to trial" a viable option for Brady if the Arbiter's ruling is upheld by the court? I thought the whole idea here was to get the ruling vacated and sent back to a truly independent arbiter, who would throw the whole mess out the window. If the ruling is upheld, what are his remaining legal options, short of a "Defamation" suit?

 

[XLIX]

Question for the lawyers out here.
Is "going to trial" a viable option for Brady if the Arbiter's ruling is upheld by the court? I thought the whole idea here was to get the ruling vacated and sent back to a truly independent arbiter, who would throw the whole mess out the window. If the ruling is upheld, what are his remaining legal options, short of a "Defamation" suit?

He can appeal this ruling to a superior court, but that avenue of appeals would exhaust his options regarding the punishment (assuming the Supreme Court decides not to get involved ).

A defamation lawsuit would be an entirely different legal maneuver.

 

[smurfalarm]

Question for the lawyers out here.
Is "going to trial" a viable option for Brady if the Arbiter's ruling is upheld by the court? I thought the whole idea here was to get the ruling vacated and sent back to a truly independent arbiter, who would throw the whole mess out the window. If the ruling is upheld, what are his remaining legal options, short of a "Defamation" suit?

Lawyers have been saying that if the arbitrator's award (Goodell's decision) is confirmed by the court, then Brady can appeal the court's decision, but that he will almost definitely not win at that point.

 

[QuantumMechanic]

Question for the lawyers out here.
Is "going to trial" a viable option for Brady if the Arbiter's ruling is upheld by the court? I thought the whole idea here was to get the ruling vacated and sent back to a truly independent arbiter, who would throw the whole mess out the window. If the ruling is upheld, what are his remaining legal options, short of a "Defamation" suit?

IANAL...

However, this IS the trial (unless they settle). The NFL and NFLPA have sued each other. Unless there is a settlement, there will be argument before the judge and he will render a decision. That's a trial (apparently both sides have waived a jury trial).

If the NFL wins the suit, Brady can appeal to the 2nd Circuit Court of Appeals, but the odds he'd win the appeal would be very low.

Brady could certainly sue for defamation, but even in the very unlikely chance he wins, that won't reverse any of the league discipline against him.

 

[PatsFanSince74]

He can appeal this ruling to a superior court, but that avenue of appeals would exhaust his options regarding the punishment (assuming the Supreme Court decides not to get involved ).

A defamation lawsuit would be an entirely different legal maneuver.

Thanks. That's what I was afraid of.

 

[PatsFanSince74]

Lawyers have been saying that if the arbitrator's award (Goodell's decision) is confirmed by the court, then Brady can appeal the court's decision, but that he will almost definitely not win at that point.

Thanks, that's what I was afraid of.

 

[PatsFanSince74]

IANAL...

However, this IS the trial (unless they settle). The NFL and NFLPA have sued each other. Unless there is a settlement, there will be argument before the judge and he will render a decision. That's a trial (apparently both sides have waived a jury trial).

If the NFL wins the suit, Brady can appeal to the 2nd Circuit Court of Appeals, but the odds he'd win the appeal would be very low.

Brady could certainly sue for defamation, but even in the very unlikely chance he wins, that won't reverse any of the league discipline against him.

Thanks. That's what I was afraid of.

 

[SHOWTIME15]

I am glad everything is going to be public. If brady did something wrong, I want to know (I continue to believe in his innocence). If Brady did nothing wrong and the NFL made this whole thing up, I want to know that too.

 

[SHOWTIME15]

Here is a comment from a PFT user on Judge Berman:

benjicarver says:Aug 4, 2015 4:36 PM


I have had a couple of cases before Judge Berman and this is consistent with his style. He strongly encourages the parties to work things out without his involvement. But if you insist on litigating, everyhting will be out in the open. I still have a pen I received from him after a case settled along with a nice personal note congratulating us (every lawyer on the case got one) for resolving the case amicably. Great judge and very fair.

 

[old 55]

The Nfl will not settle on this. They will push for 4 games and nothing less.

Wouldn't be surprised if they push for more games because of the damage he has brought to the league.

Any damage the league has suffered has been self induced.