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Message: [QUOTE="orangenirvana, post: 1455526, member: 156"] [URL='http://espn.go.com/espn/otl/story/_/id/13479971/fooled-judge-deflategate-case-nfl-win-end-new-england-patriots-tom-brady']ESPN: Don't be fooled by judge in Deflategate case; NFL will win in end over New England Patriots' Tom Brady[/URL] Excerpts... [I]While Brady and his supporters no doubt find some comfort in Berman's attack on Goodell's reasoning, they shouldn't try to read into Berman's statements and questions from the bench. Why? Because the judge is not leaning in Brady's direction. He has been, instead, doing what hundreds of judges do in American courtrooms each day: trying to push the side with the stronger legal position into consideration of a settlement. In this case, recognizing that the NFL has convincing evidence and significant legal precedents on its side, Berman knows the only way he can produce a settlement is to show the league that there is a possibility it could lose a case that it should win. That is why he devoted most of a hearing Wednesday to picking apart the Goodell opinion and the league's legal position. The strength of the NFL position in the litigation is indisputable. It is based on powerful legal precedents that severely limit a federal judge's review of an arbitration decision and on the convincing evidence gathered for the Wells report and described in surprisingly powerful terms in Goodell's decision.[/I] [I]The weakness of Brady's legal position is clear in any consideration of the arguments offered by Brady, the union, and the union lawyers. Jeffrey Kessler and his team of lawyers from the firm of Winston and Strawn are the most resourceful advocates I have seen in 25 years of reporting on legal issues in sports. The best they have come up with in their briefs and arguments in support of Brady are vague assertions of "fundamental fairness" and the "evident partiality" of Goodell as the arbitrator. The problem with these assertions is that the NFLPA agreed in collective bargaining that Goodell would be the final authority in conduct detrimental cases, and, as the arbitrator, Goodell decides on all issues of fairness. They agreed to a partial arbitrator, and they agreed to his notions of fairness.[/I] [/QUOTE]

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