When the law-talking news drops, my initial response is, “What the hell does this mean?” My second is to wait for Mike Florio to explain it.
Saturday morning, the Pro Football Talk poobah skillfully broke down the response from Judge Berman to the letter jointly sent by the NFL and NFLPA requesting an expedited decision in the Tom Brady case.
Florio’s point-by-point analysis is mandatory reading if you want to remain conversant on the particulars and where this thing is headed and why Florio thinks Judge Berman has given the proceedings a turbo boost of motivation.
One observation I’ll offer here is that Berman’s leadership on the issue is palpable in his letter.
It is exactly the kind of leadership the NFL could have used from its $40-million-per-year commissioner were Roger Goodell truly independent and not entangled so deeply with the actions of his lieutenants in the NFL Operations department, the prejudices of his legal team and the findings of Ted Wells.
Were those entanglements inevitable? Yes. And that’s why it’s just not feasible for Goodell to stand as arbitrator for appeals, a reality that tacked months on to this issue.
Anyway, Florio notes how well acquainted Berman already is with the case and that Berman wants it on its way to being settled before the two sides get to him on Aug. 12. Berman has appointed a mediator – Magistrate Judge James C. Francis IV – which Florio says isn’t a suggestion by Berman to confer on settlements but an order.
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Finally, Florio points out that Berman’s indication he won’t keep any documents sealed could make the NFL’s palms sweat. Berman even alludes to the “public’s right to know.”
Florio says that means the “the full transcript of the Tom Brady appeal hearing eventually will be released, if the case isn’t settled.”
He continues:
“That’s a win for the NFLPA and Brady. Although the NFL would say that the parties agreed to seal the transcript, a source with knowledge of the situation tells PFT that the NFLPA agreed to seal the transcript at the insistence of the NFL.
The best way to keep the transcript from ever being released to the public (barring a leak) would be to settle the case before the judge has to decide whether to approve the filing of the transcript under seal. And Judge Berman knows that. And now the NFL and NFLPA know that he knows that.
I’m tempted to think the case could settle this week, without Goodell and Brady having to appear before Judge Berman.
But if the two sides are at an impasse over whether a settlement would include a suspension of any duration, it won’t be easy to break that log jam without getting an idea of how Judge Berman feels about what amounts to an all-or-nothing proposition decision in court.”