Rex Arbogast/AP
Judge Richard Berman was hard on Roger Goodell and the NFL in court.
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 favors 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:
If Judge Berman was critical of NFL last week, he was even more critical today. Questions of fundamental fairness and evident impartiality.
- Adam Schefter (@AdamSchefter) August 19, 2015UPDATE: Hearing over after 2:15. No settlement. Judge Berman was very, very critical of NFL. Brady/NFLPA are making a good case
- Ben Volin (@BenVolin) August 19, 2015Berman 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.
Berman: "There is a bit of a quantum leap from the finding of Mr. Wells to the finding of Mr. Goodell." (from general awareness to scheme)
- Stephen Brown (@PPVSRB) August 19, 2015Berman wondered why Wells Report was not more specific to January 18th, why Wells didn't specify. "He's a smart guy, right?"
- Andrew Brandt (@adbrandt) August 19, 2015Though, in fairness, the NFL had a good counterargument:
Nash, for NFL, countered that entire Wells Report revolved around that game, so that should be assumed. Berman seemed skeptical.
- Stephen Brown (@PPVSRB) August 19, 2015Berman also wanted to know how Goodell settled on four game suspension.
- Stephen Brown (@PPVSRB) August 19, 2015Berman: "Which of the four games were for ball tampering and which were for non cooperation?"
- Stephen Brown (@PPVSRB) August 19, 2015Questions re apportioning 4 games between deflation and non-cooperation. "What if there was deflation and cooperation? How many games?"
- Andrew Brandt (@adbrandt) August 19, 2015When league lawyer Daniel Nash said he would defer to Roger Goodell on that, saying Goodell weighed all evidence and made a decision, Berman responded:
To which Berman said "I have a little trouble with that."
- Stephen Brown (@PPVSRB) August 19, 2015Berman was also unhappy with Goodell comparing the situation to a player being on steroids:
Berman uncomfortable with Goodell's comparison to steroid suspension "to secure competitive advantage." Wondered why that comparison used.
- Andrew Brandt (@adbrandt) August 19, 2015Berman: "I don't see how four games (for deflation, non cooperation) is comparable to using steroids and a masking agent."
- Stephen Brown (@PPVSRB) August 19, 2015Berman ultimately didn't side too heavily with Brady, however:
Judge: "There are enough strengths and weaknesses on both sides..all the more reason why a settlement seems a logical and rational outcome."
- Max Stendahl (@MaxLaw360) August 19, 2015As 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 August 31 - just two weeks before the regular season begins.