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The NFL and NFL Players Association had its second settlement hearing in court on Wednesday, and it sounds like it went horribly for the NFL.
Since the NFLPA took the NFL to court over Tom Brady’s four-game suspension, the two sides haven’t made any progress on a settlement.
While Judge Richard Berman, who is overseeing the case, can’t force either side to come to a settlement, he can push in one direction to encourage a settlement, perhaps hinting that he favours one side’s argument.
Based on the reports from Wednesday’s hearing, it sounds like Berman may be pushing the NFL to come to a settlement.
Berman was apparently very critical of the NFL’s argument:
Adam Schefter / Twitter
Adam Schefter / Twitter / Twitter
Ben Volin / Twitter
Ben Volin / Twitter / Twitter
Berman was reportedly critical of the Wells Report saying Brady was “generally aware” as a way for the NFL to argue Brady was part of the scheme.
Stephen Brown / Twitter
Stephen Brown / Twitter / Twitter
Berman also questioned why the Wells Report didn’t specifically mention 18 January, the day of the AFC Championship game against the Colts, when referees found the balls were deflated under regulation:
Stephen Brown / Twitter
Stephen Brown / Twitter / Twitter
As has been commonly argued against the NFL, Berman was curious as to how and why the NFL chose a four-game suspension for Brady:
Stephen Brown / Twitter
Stephen Brown / Twitter / Twitter
Andrew Brandt / Twitter
Andrew Brandt / Twitter / Twitter
When league lawyer Daniel Nash said he would defer to Roger Goodell on that, saying Goodell weighed all evidence and made a decision, Berman responded:
Stephen Brown / Twitter
Stephen Brown / Twitter / Twitter
Berman was also unhappy with Goodell comparing the situation to a player being on steroids:
Andrew Brandt / Twitter
Andrew Brandt / Twitter / Twitter
Stephen Brown / Twitter
Stephen Brown / Twitter / Twitter
Berman ultimately didn’t side too heavily with Brady, however:
Max Stendahl / Twitter
Max Stendahl / Twitter / Twitter
As Andrew Brandt mentioned, this could be Berman’s way of pushing the NFL closer to a settlement. Berman doesn’t want to make a decision; he wants to push the sides to come to a settlement. So by grilling the NFL today, he may be pointing out the biggest flaws in their arguments in hopes that they’ll bend a little bit toward Brady and the NFLPA’s side.
Unless the two sides come to a settlement out of court, the next settlement hearing will be 31 August — just two weeks before the regular season begins.
- Scott Davis, Business Insider.
Originally published at 3.50pm
