New England Patriots quarterback Tom Brady and NFL commissioner Roger Goodell returned to federal court on Monday, but a hearing adjourned without a settlement or resolution to the “Deflategate” controversy, meaning a judge is expected to rule on the issue later this week.
US District Judge Richard Berman had ordered the hearing for a status report on his request that sides make renewed efforts at a settlement. Neither side presented new arguments in the four-minute session, which ended with Berman saying his ruling would come by the end of the week and indicating he could rule by today.
“We did not reach a settlement. Parties tried hard,” Berman said, adding that he expected to issue his ruling yesterday or today, but “certainly before September 4th.”
Goodell suspended Brady for four games over the controversy, which centered around footballs for the AFC finals playoff game being found to be inflated below NFL minimum levels.
Despite no confirmation that Brady knew the footballs were underinflated, investigators said it was highly likely that Brady knew of the actions taken by Patriots employees with the footballs, which would be easier to grip, grab and throw if underinflated.
Brady has denied any wrongdoing or knowledge of such moves by others, but Goodell imposed a four-game ban upon him. Brady appealed the ruling, but Goodell rejected the appeal and neither man has backed down, even as Brady pushed the matter to the US legal system.
Berman has sought compromise with the upcoming season now only days away, but even his ruling might not now be the end of the affair.
Brady is expected to appeal any suspension through a court injunction to the second circuit appeals court, making the case that he would suffer irreparable harm by missing the first four games of the season.
NFL investigator Ted Wells found Brady uncooperative when asking questions about the January playoff game, which the Patriots won on their way to capturing the Super Bowl title.
Goodell upheld the suspension on July 29, prompting Brady and the NFL Players Association to push the matter into federal court.
Berman has been asked to toss out the entire suspension and the judge has told the NFL there was precedent for judges to dismiss penalties issued by arbitrators.
If Brady’s suspension stands, the Patriots could potentially be forced to bench him in favor of reserve Jimmy Garoppolo for their opening Sept. 10 game, as well as games on Sept. 20 at Buffalo, Sept. 27 at home against Jacksonville and at Dallas on Oct. 11.
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