With neither the NFL nor the NFL Players Association showing any real inclination to resolve the litigation arising from Patriots quarterback Tom Brady’s four-game suspension, a ruling from Judge Richard M. Berman seems more likely. And some think the ruling will mark the end of the #DeflateGate saga.
It won’t be.
Even if Judge Berman doesn’t opt for a lose-lose decision that sends the case back to a neutral arbitrator for a second hearing, a decision that gives one side a clear win and the other side a clear defeat means that the side that loses will immediately pursue an appeal to the U.S. Court of Appeals for the Second Circuit.
According to Tom Brady’s attorney Jeffrey Kessler, "we wouldn't be here" if the NFL had just issued a fine for not cooperating. Kessler had to drag former QB Brett Favre into the discussion. The $50,000 fine levied against Favre during the 2008 sexual harrassment investigation would be a good place to start the discussions as an appropriate precedent for Brady discipline.
There would be no talk of broken phones, admissions of guilt, failing to accept the Ted Wells report findings or false promises made to the Patriots owner. All three sides have lost. Tom Brady waits to see if he wins, and NFL appeals. NFL wins, and Tom Brady appeals. The general public is stuck discussing the situation either way.
The only hope is that Judge Richard Berman has some place on his bucket list he has to go to. Following his ruling on DeFlateGate, court is adjourned and Judge Richard Berman is officially on vacation.
The 1953 blockbuster hit From here to eternity starring Burt Lancaster, Montgomery Clift and Frank Sinatra won eight Academy Awards. Could the sequel really be DeFlateGate?
Paul Murphy is a freelance writer from New Hampshire. .