The New England Patriots open the NFL season at home against the Pittsburgh Steelers on September 10. Goodell upheld the suspension when Brady appealed, leading to the suit.
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Neither Brady nor Goodell was in court Wednesday.
Unless the two sides come to a settlement out of court, the next settlement hearing will be August 31 – just two weeks before the regular season begins.
Repeating his sentiments from a similar hearing a week ago which Brady and Goodell attended, Berman said that he saw strengths and weaknesses in both side’s arguments. Berman said, via CSN New England.
Brady, Goodell and lawyers for both sides met Tuesday with no progress, despite the quarterback seemingly willing to accept some sort of on-field ban. Berman said.
“The judgment involves the integrity of the game”. If Brady loses, expect the NFLPA to file an injunction on his behalf that would allow him to play while the decision is reconsidered.
Nash contended that Pash’s testimony wouldn’t have added anything significant to the case, but NFLPA lead attorney Jeffrey Kessler argued that he deserved the chance to see for himself whether that was the case.
Berman continued by pointing out that there is precedent for overturning arbitration awards when witnesses have been withheld – not something the league wanted to hear. “At this point the NFL wants to save some face after yesterday”. “They must also take the limitations of arbitration”.
U.S. District Judge Richard Berman has urged the league and union to settle the case before he makes a ruling. One line of thinking why he’s pressuring the NFL is that he hopes to soften the league’s stance in its settlement talks with Brady.
That report – which found that Brady was “generally aware” of footballs being deflated – didn’t escape Berman’s scrutiny.
“But he edited the Wells Report”, Berman interrupted.
Berman said that he did not have a problem with Goodell deciding on four games as punishment for the quarterback, but questioned the league’s position that deflating footballs is similar to PED use.
The judge also expressed befuddlement that Goodell had compared Brady’s alleged offense to the use of steroids and a “masking agent” to cover them up.
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The union said in its court filing that Brady was unfairly suspended because the NFL displayed “a clearly biased agenda – not an effort at fairness and consistency”.
