So lot's of back and forth here and everywhere else about what will happen to Brady. Here's my prediction based on what I've read and my interpretation of the law (disclaimer - I'm not a lawyer):
Judge Berman will craft his decision on two counts:
1. Lack of notice - He will cite that the CBA has specific language regarding equipment violations and that trumps the vague language of Paragraph 46. That there was no notice in advance that Brady could be suspended for an equipment violation. He may also cite the cell phone issue as lack of notice, since Wells stated as such in the appeal hearing.
2. Massive procedural violations - He will cite Brady not getting a fair shake and fair access to information that the NFL had. I.E. being able to interview Pash, reviewing the Wells report notes, and Goodell moving the yardstick during the appeal.
Finally, I think he will offer up as his own personal thoughts a scathing rebuke about the NFL, wasting the courts time and their internal processes not being held to a particularly high standard of integrity.
That may be me just being a homer, but after looking over both court sessions, the documents submitted by the NFL and NFLPA and the specific reasons upon which an arbitration award can be vacated, I'm seeing 3 of the 4 reasons covered in the argument the NFLPA put forth to vacate.
Everyone who is citing this one case, Gavin or whatever, is missing the fact that procedure was followed, even though the arbitrator came to a ludicrous decision. Procedure was thrown out the door here. Think of it this way, the arbitration award still has to meet the standards of law. People saying Paragraph 46 gives Goodell free reign to do whatever he wants under integrity of the game are being somewhat ******ed. That's like saying Goodell can order Brady executed by firing squad for an integrity violation and, hey too bad, Brady agreed to it in the CBA.
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