Why would the NFLPA settle if he said this though?Stitch01 said:"Hey John, Roger here is telling me he's having a hard time settling this because owners want him to take a hard line here because the integrity of the game is so important. Ive read your public comments that you are sick of deflategate and want this to go away. Your instincts are correct, you want this to go away. The Patriots have already lost a first round pick here, so they aren't going unscathed right? Talk with Roger. Get this over with today. I don't think anyone is going to be happy if I have to rule, especially the NFL"
dcmissle said:If a judge wants you there, you go. You may have good reasons why you cannot negotiate on behalf of the NFL, but you cannot duck going to at least lay those reasons out.
These owners are not used to this. Their teams earn at least 100 x what Berman earns. They are worth probably 1000 x what Berman is worth.
None of that matters. The judge has the hammer. This is lovely in every imaginable way.
RedOctober3829 said:Is Mara's presence any way bad for the NFLPA?
The last time the league really didn't want something that got out there was when the transcripts went public and they were badly exposed. Hoping this goes the same way.RedOctober3829 said:Is Mara's presence any way bad for the NFLPA?
twothousandone said:Berman knows the process and penalty are a sham, and unjust, but believes his hands are tied, legally. He's pushing so hard for a settlement because he believes it will be more "just" than the legally correct decision he is going to make in the absence of a settlement.
Or he's pushing so hard for a settlement because that would end it immediately and never bring it back to court, which would be inevitable following a ruling.twothousandone said:Berman knows the process and penalty are a sham, and unjust, but believes his hands are tied, legally. He's pushing so hard for a settlement because he believes it will be more "just" than the legally correct decision he is going to make in the absence of a settlement.
I think he wants a settlement because without one, this is going to clog up the appeals court docket for years.twothousandone said:Berman knows the process and penalty are a sham, and unjust, but believes his hands are tied, legally. He's pushing so hard for a settlement because he believes it will be more "just" than the legally correct decision he is going to make in the absence of a settlement.
if Berman upholds, isn't he, in effect, saying that Article 46 gives Goodell the right to haul any player before him, suspend that player for any length of time based on any real or merely imagined offense, and then uphold his own suspension on appeal?twothousandone said:Berman knows the process and penalty are a sham, and unjust, but believes his hands are tied, legally. He's pushing so hard for a settlement because he believes it will be more "just" than the legally correct decision he is going to make in the absence of a settlement.
dcmissle said:If a judge wants you there, you go. You may have good reasons why you cannot negotiate on behalf of the NFL, but you cannot duck going to at least lay those reasons out.
These owners are not used to this. Their teams earn at least 100 x what Berman earns. They are worth probably 1000 x what Berman is worth.
None of that matters. The judge has the hammer. This is lovely in every imaginable way.
He said at the last hearing that he'd rule by the 4th if no settlement. He left himself an out (I'm the judge so I can change my mind), but I don't see why he wouldn't be able to rule by then. He can always rule and then issue the opinion later.DennyDoyle'sBoil said:Best guess is that Mara is there so that Berman can put more pressure on Goodell. Here's a possible scenario -- at some point in the settlement discussions to date, the judge was leaning heavily on the NFL and Goodell and they did what you sometimes do when a mediator is putting you under pressure. They pointed the finger to try to suggest the decision wasn't completely theirs alone -- "I have owners to answer to, your honor." So, Berman says, fine, let's hear from them. And now he gets one of them to say, in Roger's presence -- "your honor, we've delegated this power to the commissioner and so I have no role to play to here, plus I'm an interested party because my team could theoretically benefit from a Brady suspension. So we'll support whatever the commissioner does."
So, that's all Berman really wants or needs. Now, he's stripped away Goodell's defense that "I have owners to answer to" and can say, "you hear Mr. Mara -- you have complete authority to settle here, don't give me the 'have to answer to the owners' answer anymore."
Today should be interesting and give us something in the way of tea leaves one way or the other. NFLPA has been pretty low key about an injunction, but they're really at the point where they are close to needing one, and so either Berman should give some indication of how he's likely to rule or he'll have to do at least some analysis of "likely success on the merits" in order to decide whether an injunction is necessary.
Average Reds said:The presence of Mara ensures entertainment if nothing else.
My guess (and it is most certainly a wild-ass guess) is that Berman may want to hear from Mara himself why he did not accept the Judge's suggestion that he become part of the negotiations.
RGREELEY33 said:Why would the NFLPA settle if he said this though?
If Berman rules against NFLPA, and upholds the award, isn't it unlikely he would then issue an injunction for Brady (in essence saying his ruling is likely to be overturned)?DennyDoyle'sBoil said:Best guess is that Mara is there so that Berman can put more pressure on Goodell. Here's a possible scenario -- at some point in the settlement discussions to date, the judge was leaning heavily on the NFL and Goodell and they did what you sometimes do when a mediator is putting you under pressure. They pointed the finger to try to suggest the decision wasn't completely theirs alone -- "I have owners to answer to, your honor." So, Berman says, fine, let's hear from them. And now he gets one of them to say, in Roger's presence -- "your honor, we've delegated this power to the commissioner and so I have no role to play to here, plus I'm an interested party because my team could theoretically benefit from a Brady suspension. So we'll support whatever the commissioner does."
So, that's all Berman really wants or needs. Now, he's stripped away Goodell's defense that "I have owners to answer to" and can say, "you hear Mr. Mara -- you have complete authority to settle here, don't give me the 'have to answer to the owners' answer anymore."
Today should be interesting and give us something in the way of tea leaves one way or the other. NFLPA has been pretty low key about an injunction, but they're really at the point where they are close to needing one, and so either Berman should give some indication of how he's likely to rule or he'll have to do at least some analysis of "likely success on the merits" in order to decide whether an injunction is necessary.
MarcSullivaFan said:He said at the last hearing that he'd rule by the 4th if no settlement. He left himself an out (I'm the judge so I can change my mind), but I don't see why he wouldn't be able to rule by then. He can always rule and then issue the opinion later.
bankshot1 said:If Berman rules against NFLPA, and upholds the award, isn't it unlikely he would then issue an injunction for Brady (in essence saying his ruling is likely to be overturned)?
Second question: If Berman does not issue an injunction, whats the pecking order for Brady to get one, does it have to be a senior Judge/court to Berman or could any Federal Judge issue the injunction?
If he needs more time, the PI will issue. It may be as simple as Berman saying, "I need more time, please move for a PI". Kessler does so, then Berman turns to Nash and says, "you don't have a problem with that, do you?"MarcSullivaFan said:He said at the last hearing that he'd rule by the 4th if no settlement. He left himself an out (I'm the judge so I can change my mind), but I don't see why he wouldn't be able to rule by then. He can always rule and then issue the opinion later.
dcmissle said:If he needs more time, the PI will issue. It may be as simple as Berman saying, "I need more time, please move for a PI". Keasler does so, then Berman turns to Nash and says, "you don't have a problem with that, so you?"
If Nash gives any answer other than a quick "no", he may as well light himself on fire. Entitlement to a OI in these circumstances is not fairly debatable.
https://twitter.com/PPVSRB/status/638353243698036736soxhop411 said:
OilCanShotTupac said:
That's funny, but it's terrible that this poor woman took any abuse.
https://twitter.com/PPVSRB/status/638353243698036736soxhop411 said:
mwonow said:Shorter: Spygate was in 2007.
PLEASE GET OVER IT NOW. There are enemies enough at today's gate without rehashing past injustices.
Yes, Spygate started the Cheatriots meme, yada yada. Enough. Rehashing why the Pats are seen as cheaters doesn't add any new context to the discussion. Lamenting the fact that "even motivated observers (such as Pats fans) can get certain parts of Spygate wrong years later" restates the obvious without moving anything forward.
Please, turn the page now, or start another thread about how unfair it is that past injustices aren't seen in the cold light of logic. It's 2015. This thread is about a different injustice. Tomorrow, we get (hopefully) more evidence that Goodell is a lying sack of sh*t. Let's please focus the rant here on the problems with #Framegate and the board-wide desire to see Berman feed RG a very-well-deserved public spanking.
edmunddantes said:Damn. No ruling from the bench.
That would have made this epic.
Now, just keep fingers crossed, and hope this doesn't take a final twist away from Brady.
Stephen Brown @PPVSRB 4s4 seconds agoNew York, USA
Berman: "In some case (a settlement) doesn't happen. This is one of those cases."
jsinger121 said:Sticking point per 98.5 via Sal Pal is the NFL still wants Brady to admit guilt.
jsinger121 said:
Stephen Brown @PPVSRB 32s33 seconds ago
Both John Mara and Jay Feeley took part in negotiations overseen by Berman. But they went nowhere.