Berman has stressed repeatedly that he does not want to overrule an arbitrator.
Advertisement
Berman said there is legal precedent for overturning the NFL’s four-game suspension and asked lawyers for the league why deflating footballs and lack of cooperation was punishable on the same terms as drug use. Berman also noted that Brady had no competitive edge in the game, since the Patriots actually did better in the second half of a 45-7 blowout win over the Indianapolis Colts at Gillette Stadium.
After the hearing, Berman met behind closed doors with both sides for more than an hour before the lawyers left court, saying the judge asked them not to discuss the negotiations publicly.
“I continue to have an open mind about the outcome”, Berman said.
A source with knowledge of the court proceedings told Paolantonio that both sides are talking to try to avoid the scheduled August.
In court papers, the league has said there was “ample support” in evidence for the commissioner to conclude Brady was involved in efforts by the Patriots equipment personnel to deflate footballs. “The commissioner did not believe Mr. Brady. He did not find Brady’s testimony to be believable”. Goodell later denied Brady’s appeal to have the suspension lifted, and the NFL filed suit in the Southern District in New York to have the decision affirmed. Though neither Brady nor Goodell was in the courtroom, DeMaurice Smith, executive director of the NFLPA, did attend.
Brady plans to be at Patriots practice in West Virginia instead, where New England is preparing with New Orleans Saints players for a preseason game Saturday night.
Some within the sport have expressed the view that a settlement, potentially including a shortened suspension, is possible as the season draws closer.
Seattle Seahawks cornerback Richard Sherman spoke to USA Today about Brady’s current situation, and Sherman sees Brady being held to much more strict standard than some misbehaving team owners.
Berman interjected in apparent agreement with the NFLPA argument that the league shouldn’t be able to punish Brady for being “generally aware” that ball deflation had occurred. Brady also destroyed a cell phone, obstructing the league’s investigation, the NFL claimed. Goodell upheld the suspension when Brady appealed, leading to the suit.
Advertisement
Schefter reported that Berman was not pleased that the matter has not settled.
