Judge goes after the NFL hard at Tom Brady suspension hearing

Goodell said in late July that he had concluded Brady conspired with two Patriots equipment employees who handled game balls to deflate balls prior to the start of January’s AFC championship game. The league and union have asked Berman to rule by September 4, the week before the Patriots host the Pittsburgh Steelers in the NFL’s season-opening game.

Though the judge continues to hope the parties reach a settlement out of court – a notion that has been a non-starter so far – the next step in the case will be an August. 31 hearing that Brady and Goodell will be required to attend.

Brady’s second-year backup, Jimmy Garoppolo, would be in the line to open the season as the Patriots’ starter if Brady’s suspension remains intact.

But Jeffrey Kessler, a lawyer for the union, said the appeals process was fundamentally unfair because Goodell was essentially reviewing his own conduct. “During the four months that the cell phone was in use, Brady had exchanged almost 10,000 text messages, none of which can now be retrieved from that device”.

With that said, if the NFL wants to suspend Brady for not cooperating during the investigation, such as not handing his cell phone over when asked about it, he is all for receiving some sort of punishment.

One of the things the New England Patriots often talk about is starting games fast.

Berman warned the NFL that an arbitration decision could be set aside if a key witness didn’t appear at an arbitration hearing.

Brady and NFL Commissioner Roger Goodell along with their lawyers faced off for about four hours in New York City on Wednesday in an 11th-hour effort to strike a deal, two sources familiar with the legal case told.

Berman continued to push for a settlement in the dispute – a potential result he called “rational and logical”. The NFL gave the quarterback a four-game suspension.

“Well, everything goes to the integrity of the game”, the judge shot back.

The court case has less to do with what happened in the Patriots’ locker room during the game with the Colts than with whether Goodell acted within his powers under the players’ contract with the league. Nash said that would be up to the commissioner, which didn’t please the judge.

The NFL Players Association issued a statement indicating its intention to appeal on Brady’s behalf.