U.S. District Judge Richard M. Berman warned an NFL lawyer during oral arguments that there was precedent for judges to toss out penalties issued by arbitrators in the scandal now known as “Deflategate.”
Berman cited several weaknesses in the way the NFL handled the controversy that could result in a victory by Brady and the NFL Players Association.
The suspension was upheld by NFL Commissioner Roger Goodell last month after he concluded Brady conspired with two Patriots equipment employees to deflate footballs before New England easily beat the Indianapolis Colts in January’s AFC championship game.
If there is no negotiated deal, Berman said he hopes to rule by Sept. 4, six days before the Patriots host the Pittsburgh Steelers in the NFL’s season-opening game. He encouraged a settlement, calling it a “logical and rational option.”
Neither Brady nor NFL Commissioner Roger Goodell was in court Wednesday. Brady returned to Patriots practice after participating in negotiations along with Goodell and lawyers on both sides a day earlier. The Manhattan judge said both would be required to attend an Aug. 31 hearing.
During more than two hours of arguments by attorneys, the judge noted other arbitration decisions have been rejected when a key witness was not allowed to testify as he questioned why NFL Executive Vice President Jeff Pash — who worked on the NFL investigation — could not be interviewed by union lawyers during the suspension’s appeal.
Berman said arbitration proceedings, while more relaxed than court proceedings, are still required to follow due process rules to ensure fairness.