Vikings Message Board.Com

On Aug. 19, attorneys for both sides argued their case to Berman. The judge spent considerable time poking holes in the NFL’s case, while allowing Kessler to argue with very little interruption. After finishing his argument, Kessler had one of his associates give Berman a list of cases that he said bolstered Brady’s case.

The NFL said the cases didn’t apply to Brady’s arbitration.

“These cases confirm that courts vacate arbitration awards only in extraordinary circumstances, none of which are present here,” NFL attorney Daniel Nash wrote yesterday.

That is the essence of the argument the NFL has made from the beginning: Judges very rarely overturn arbitration awards, and Berman should follow that rule in Brady’s case.

Brady’s attorneys, meanwhile, have argued that there are four reasons to overturn what they call an unprecedented suspension: that Brady had no notice; that no standards were set for testing the PSI of the footballs; that Goodell was biased; and that the arbitration was unfair.

DK Sweets wrote:I expect civil discourse in this thread this week.

@NFLonCBS Tom Brady's 4-game suspension for "Deflategate" has been nullified by Judge Berman. (Via @AP)

@AlbertBreer The NFL is likely to appeal Berman's decision to the second court quickly. Immediate question becomes whether they seek a stay.

@smartfootball NFL really only has themselves to blame as judge was only reviewing process with heavy deference to arbitrator. NFL's "process" is broken.

@sgw94 this was a fight the NFL never should have had. This required a warning not a sting operation.

AdamKilgoreWP The NFL has now gotten its #### kicked in federal court three times in less than a calendar year.

@TomPelissero Judge Berman has vacated the arbitration decision and Tom Brady's suspension itself. Actually went further than Doty on Peterson ruling.

@RapSheet Don’t expect @NFL to seek an injunction to keep Tom Brady off the field as they appeal this ruling. Basically, he’s playing this season.

@TomPelissero Berman found that Commissioner's denial of Brady's motion to have Jeff Pash testify was fundamentally unfair.

@SeifertESPN Worth noting: NFL hand-picked Judge Berman to confirm its case. NFLPA wanted Judge Doty in Minnesota. Backfired.

@TomPelissero Berman also found that denial of NFLPA motion to produce Paul, Weiss investigative files (used in Wells Report) was fundamentally unfair.

@JasonLaCanfora Berman: "Brady also had no notice that his discipline would be the equivalent of the discipline imposed upon a player who used PEDS."

@JasonLaCanfora Not allowing Pash to be examined, failure to give Brady "adequate notice" of potential discipline, lack of access to files at core of ruling

@TomPelissero Berman found no NFL policy/precedent notifies players they may be disciplined for general awareness of others' conduct. Wells wording hurt. Because Brady won on inadequacy of notice and discovery, Berman didn't bother to rule on Goodell's partiality, factual conclusions, etc.

@SharpFootball Brady wins, because NFL:
A) didn't give Brady proper notice (p21)
B) denied Jeff Pash interview (p32)
C) denied Brady access to files (p36)

@JasonLaCanfora The court definitely has some issues with Wells's "generally aware" theory and what exactly that means

@JasonLaCanfora The fact the players not given copy of the game day operations manual - which outlines rules for inflation and penalties, also a key fact

‏@TomPelissero Today's ruling doesn't mean Tom Brady is innocent. It means a judge feels the NFL trampled his due process rights in upholding its verdict.

@SeifertESPN Worth noting: NFL hand-picked Judge Berman to confirm its case. NFLPA wanted Judge Doty in Minnesota. Backfired.

@AdamSchefter Five times in today's 40-page ruling, Judge Berman put quotation marks around “independent” in reference to Ted Wells’ investigation.

@RapSheet According to Judge Berman’s ruling, no player may be penalized for being “generally aware.” That was the phrase Wells used in his report.

@LATimesfarmer NFL starts the season with an illegal procedure call.