NFL Players Association News & Rumors

Latest On DeflateGate, Brady Appeal

The session in Judge Berman’s courtroom today in New York – which included Tom Brady, Roger Goodell, and reps from the NFL and NFLPA – has now concluded, and union executive director DeMaurice Smith didn’t have much to say as he left for the day, tweets Ian Rapoport of NFL.com.

“We won’t be making a formal statement other than to say we had a productive day in court,” Smith said. “We’ll get back to work on the issue.”

Part of today’s hearing was open to the public, and NFL Media legal analyst Gabe Feldman, who was in attendance, suggests Judge Berman’s goal was to ask questions that created some fear on both sides that they could lose the case (link via NFL.com).

“I think that it was a big part of the purpose of this morning was for the judge to poke holes in both sides,” Feldman said. “To say, I have some serious questions about both of your cases and I could rule against each of you based on the questions I have. So rather than risk losing it all, rather than risk a worst-case scenario, why not move a little bit in toward something of a settlement rather than face my decision.”

Here’s more on the hearing:

  • Judge Berman grilled the NFL extensively about its reliance on Ted Wells’ report and the lack of a “smoking gun” implicating Brady in any football deflation, writes Lorenzo Reyes of USA Today. While Berman’s line of questioning to the league may have been more aggressive and pointed than his questions to the NFLPA, he made it clear that he had yet to determine which side would prevail in litigation.
  • It may time for Brady to consider making a deal that would reduce – but not eliminate – his suspension, suggests Tom E. Curran of CSNNE.com, observing that “Judge Berman wants a settlement and he’s going to smash these sides together to make one.”
  • A settlement still seems unlikely, says ESPN.com’s Mike Reiss in his recap of the public portion of today’s meeting. Meanwhile, UNH law professor Michael McCann believes that the NFL has to be concerned about setting a troublesome precedent if it reaches a settlement with Brady and concedes too much (link via CSNNE.com).
  • In the opinion of WEEI’s Mike Petraglia, Wells’ report – and the NFL’s reliance on it – will be the undoing of the league’s case against Brady.

Latest On DeflateGate, Brady Appeal

Tom Brady, the NFL, and the NFL Players Association are scheduled to meet on Wednesday morning for a court hearing presided over by Judge Richard Berman. Before that session, however, Judge Berman would like to see the two sides re-engage in settlement talks.

Albert Breer of the NFL Network reports (via Twitter) that Judge Berman asked the two sides to “engage in further good faith settlements efforts today” before he meets with them tomorrow. Judge Berman intends to meet with counsel from both the NFL and NFLPA before tomorrow’s public hearing to get an update on their progress.

Despite the order from Judge Berman, don’t look for anything of substance to happen regarding settlement talks today, tweets Jason Cole of Bleacher Report. Mark Maske of the Washington Post spoke to several people familiar with the case who expressed a similar sentiment, suggesting that not much had changed since the two sides unsuccessfully attempted to reach a settlement earlier.

While Brady is extremely unlikely to agree to any settlement that would acknowledge he had any involvement in deflating footballs, he and the NFLPA may agree to a deal that penalizes him for a lack of cooperation with the league’s DeflateGate investigation. However, Brady and the union would likely push for a fine – rather than a suspension – in that scenario, which may not be sufficient for the NFL.

The NFL and NFLPA probably won’t reach a resolution today, but there’s hope that the accelerated court schedule will allow the case to conclude soon.

AFC Notes: Foster, Brady, Colts, Nicks

As we inch close to the start of the NFL’s preseason schedule, let’s round up a few of the latest updates from around the AFC….

  • Texans running back Arian Foster underwent successful surgery on his groin this morning in Philadelphia, and Ian Rapoport of NFL.com tweets that there’s some hope Foster’s recovery period will be less than three months. The star running back still appears to be a strong candidate for the club’s IR-DTR slot to open the regular season.
  • The settlement conference between the NFL and NFLPA is scheduled to take place at 11:00am eastern time next Wednesday, tweets Ben Volin of the Boston Globe. Patriots quarterback Tom Brady and commissioner Roger Goodell will both attend the meeting in Judge Richard M. Berman’s courtroom.
  • The Colts snagged cornerback Tevin Mitchel off waivers from Washington this week, despite the fact that he’s expected to miss the season with a shoulder injury, writes Stephen Holder of the Indianapolis Star. As Holder explains, the Colts were targeting Mitchel in the draft this year before Washington grabbed him in the sixth round, and the club now has the opportunity to stash him on its IR for the season.
  • Teresa M. Walker of The Associated Press examines Hakeem Nicks‘ efforts to earn a roster spot in Tennessee after signing a one-year deal with the Titans this offseason.

AFC East Notes: Gronk, Brady, Dolphins, Clay

Earlier this summer, an excerpt from Rob Gronkowski‘s autobiography revealed that the Patriots tight end claims he hasn’t spent a dime of his NFL salary, living off of endorsement money instead. As of July 30, Gronkowski has a little more NFL money to save up — according to Field Yates of ESPN.com, the Pats reworked their star tight end’s contract, converting $4MM of his $10MM end-of-year option bonus to a signing bonus. The option, which is due before the end of the league year, is now worth $6MM, and New England appears more likely than ever to exercise it.

Jason Fitzgerald of Over the Cap breaks down the unusual cap ramifications of the move, suggesting that the restructure should increase Gronkowski’s 2015 cap hit by $2MM before reducing his 2016 charge by $2MM. After that, the cap numbers for the rest of Gronkowski’s contract should remain the same.

Here’s more from around the AFC East:

  • NFLPA executive George Atallah confirmed today (via Twitter) that Tom Brady and union reps will attend a conference in New York on August 12 to meet with the NFL and U.S. District Judge Richard M. Berman. Roger Goodell will also attend the hearing in person, tweets Ed Werder of ESPN.com. Meanwhile, Ben Volin of the Boston Globe notes (via Twitter) that NFLPA and NFL attorneys had a telephone conference yesterday with Mag. Judge James C. Francis regarding the Patriots quarterback’s case.
  • Appearing on the Jose Rose Show on 560 WQAM in Miami, Dolphins VP of football operations Mike Tannenbaum didn’t rule out pursuing free agent guard Evan Mathis, as Andrew Abramson of the Palm Beach Post details. The Dolphins’ interest in Mathis has been downplayed recently, but I imagine they’d be very interested if one of their current guards struggles or suffers an injury.
  • Having brought in Rex Ryan, LeSean McCoy, Percy Harvin, and Richie Incognito over the offseason, the Bills made plenty of newsworthy moves. However, no player received more guaranteed money from the team this year than tight end Charles Clay. Tyler Dunne of The Buffalo News examines how Clay is fitting in so far in Buffalo.

AFC East Notes: Brady, Bills, Dolphins

Earlier today, we learned that a Minnesota judge ruled that the NFLPA’s appeal on behalf of Tom Brady will be transferred to Manhattan, where the NFL first filed its own lawsuit. According to NFLPA outside counsel Jeffrey Kessler, the union doesn’t view that as a big deal.

“It really doesn’t matter to us where the case is,” Kessler told Mike Florio of Pro Football Talk. “What we finally have is a neutral forum. Before a neutral forum, we are very confident in our position.”

The NFLPA will have make some revisions when it re-files its appeal in New York, but “ostensibly we will be making the same arguments,” said Kessler, adding that the union is “very happy” to have Judge Richard M. Berman appointed to the case.

Let’s round up a couple more items related to the Brady situation, along with some other notes out of the AFC East….

  • Kessler spoke yesterday to Tom Pelissero of USA Today, broadly addressing the NFLPA’s appeal on Brady’s behalf and explaining the case the union will be making in court. As Pelissero writes, the NFLPA’s appeal quotes Patriots owner Robert Kraft at length, and Kessler said of Kraft’s statement from earlier this week: “I’ve never more agreed with Robert Kraft in my life, about anything.”
  • On the Dan Patrick Show today, NFLPA executive George Atallah said the NFLPA’s settlement offer involved Brady paying a fine instead of serving a suspension, and the NFL didn’t respond to that offer (Twitter link via Noah Coslov).
  • Appearing at a “Business of Sports” breakfast in Buffalo on Thursday, Bills owner Terry Pegula said work on a new stadium for his team is “nothing urgent right now,” writes Mark Gaughan of The Buffalo News. Commissioner Roger Goodell and some NFL owners have said that a new stadium will eventually be a necessity in Western New York, but Pegula pointed to several upgrades made on Ralph Wilson Stadium in recent years, suggesting it would be “foolish” to pursue a new stadium right after renovating the current one.
  • Speaking today to reporters, including James Walker of ESPN.com (via Twitter), Dolphins owner Stephen Ross praised the talent on Miami’s 2015 roster, and said he and head coach Joe Philbin are expecting a payoff this year. While Ross didn’t specifically address Philbin’s job status, there has been plenty of speculation that the head coach will be on the hot seat if the Fins don’t make the playoffs this season.

Brady Lawsuit Moved From Minnesota To NYC

Minnesota judge Richard Kyle has ordered the NFLPA’s appeal on behalf of Tom Brady to be transferred to Manhattan, where the NFL first filed its own lawsuit, tweets Daniel Kaplan of SportsBusiness Journal. The decision tips the scales in the league’s favor, since Minnesota courts are typically viewed as more labor-friendly and have ruled in favor of the NFLPA in the past.

As Mike Garafolo of FOX Sports tweets, Judge Kyle found there was no reason for the case to have been filed in Minnesota, since the NFL is headquartered in New York, the arbitration proceedings took place in New York, and the award was issued in New York. Since the league also knew better than the NFLPA when Roger Goodell’s decision would be announced, it was able to gets its lawsuit in ahead of the union’s, and Kyle cited the “first-filed” rule when making his decision.

While the ruling is considered a positive sign for the league, it’s not necessarily all bad for the union. As Mike Florio of Pro Football Talk notes, Judge Kyle was appointed by President George H.W. Bush, a Republican, while New York judge Richard M. Berman was appointed by President Bill Clinton, a Democrat. Democratic judges are generally believed to be more philosophically aligned with labor and individuals, rather than management, so Judge Berman figures to give Brady and the NFLPA a fair shake.

The NFLPA plans to refile its lawsuit against the league on behalf of Brady in Manhattan today, according to Albert Breer of the NFL Network (via Twitter).

NFL Open To Settlement For Tom Brady

A report last week indicated that the NFL Players Association made a settlement offer to the NFL regarding Tom Brady‘s suspension, and the league met that offer with “silence.” However, over the past several days, the NFL has been more open to the idea of a possible settlement for Brady, according to Mike Garafolo of FOX Sports, who reports that the league and the union have had an “open line of communication.”

Veteran Patriots players will report to training camp on Thursday, so the clock is ticking for resolution on Brady’s appeal. A source tells Garafolo that the Super Bowl MVP is frustrated with the lack of a decision from Goodell, nearly five weeks after the appeal hearing took place.

While a ruling from Goodell could come soon, a settlement would likely be the preferred outcome for both sides, since it would avoid prolonging the saga into the regular season with a court battle. However, it still appears unlikely that the two sides will reach a resolution that satisfies all parties — Brady figures to fight any penalty that includes him missing games, while the commissioner is reportedly receiving pressure from some owners to uphold the four-game suspension.

East Notes: Brady, Philbin, Eagles, Beason

Tom Brady and the NFL Players Assocation are entitled to an independent decision on Brady’s appeal, so recent reports suggesting NFL team owners are trying to influence Roger Goodell’s ruling make it even more likely that the NFLPA will eventually take the league to court, writes Mike Florio of Pro Football Talk.

As Florio obseves, if a truly independent arbitrator were handling Brady’s appeal, it would be highly irregular for a team owner to lobby that arbitrator one way or the other. The fact that owners are apparently lobbying Goodell as he contemplates his decision could become a central issue in the looming litigation.

Here’s more from around the NFL’s two East divisions:

  • Dolphins head coach Joe Philbin wants to win this year, but it’s “more for everybody else’s sake” than for his own job security, he tells Armando Salguero of the Miami Herald. “For everybody, I’d like us to reap the rewards of our labor. It’s time for all of us,” Philbin said. “But I haven’t really thought about playoff or bust for me.”
  • It’s easy to realize that you have to fix a 4-12 team, but Chip Kelly‘s decision to revamp a 10-6 Eagles squad this offseason wasn’t quite so simple, as Reuben Frank of CSNPhilly.com writes.
  • Giants linebacker Jon Beason, who spent most of the 2014 season on injured reserve, talks to Steve Serby of the New York Post about his recovery from last year’s toe and foot injuries, Jason Pierre-Paul‘s status, and the impact that free agent signee Shane Vereen will have for the Giants, among other topics.

Latest On Tom Brady’s Appeal

A month ago today, NFL commissioner Roger Goodell served as the arbitrator for Tom Brady‘s appeal hearing, at which point the Patriots quarterback and the NFLPA made a case for why Brady’s four-game suspension should be rescinded. With no official timeline in place for a decision, it’s no surprise that Goodell has yet to make an announcement — it took arbitrator Harold Henderson more than six weeks to announce a ruling on Greg Hardy‘s appeal.

While we wait to see if Brady’s penalty is upheld, reduced, or wiped away entirely, let’s round up the latest updates on the case….

  • Settlement discussions for Brady have occurred between the NFL and the Players Association, a source tells Mike Florio of Pro Football Talk. However, no progress has been made between the two sides, and it would be unexpected if they found common ground and worked something out.
  • According to that same source, Goodell is being pushed by “a small handful of influential owners” to uphold Brady’s four-game suspension, writes Florio.
  • However, there’s some concern that, if Goodell were to stand firm on Brady’s ban, the penalty would eventually be overturned by a federal court. According to Florio, attorney Gregg Levy, who participated in the appeal as a legal consultant to Goodell, has been warning the commissioner that it will be hard to make a suspension stick in court.
  • A source tells Dan Graziano of ESPN.com that the NFLPA made a settlement offer to the league last week, but that proposal was met with “silence” by the NFL. According to Graziano, it is believed that Brady will continue to fight any suspension, even a reduced penalty, but would consider accepting a fine.
  • Yesterday, NFLA president Eric Winston indicated that the union is prepared to take the next step on behalf of Brady if he’s not exonerated.

East Notes: Brady, Cooley, Washington

As of Thursday, a month will have passed since Tom Brady‘s appeal hearing, and with no timeline in place for a ruling from Roger Goodell, it’s not clear if that announcement will come this week, next week, or sometime after that. According to NFLPA president Eric Winston, it’s “not even worth trying to guess” when Goodell will make his decision. However, Winston hopes Brady is exonerated, adding that if he’s not, the union is prepared to take the next step (Twitter links via Rob Guerrera of NBC Sports Radio).

Ultimately, the decision on whether or not to continue fighting the NFL if Brady’s suspension isn’t wiped away will be up to the Patriots quarterback himself, but Winston’s comments confirm that the NFLPA is ready to take the league to court on Brady’s behalf, if necessary.

Here’s more from the NFL’s two East divisions:

  • Chris Cooley spent his first nine NFL seasons in Washington, but the team hasn’t had any discussions about bringing back the tight end, tweets Mike Jones of the Washington Post. The Cardinals are said to be kicking the tires on Cooley, who is contemplating a comeback.
  • Tarik El-Bashir and Rich Tandler of CSNWashington.com debate whether Brandon Scherff was the right pick for Washington at No. 5 overall in this year’s draft. El-Bashir writes that Scherff fits all of Scot McCloughan’s prerequisites and even though the lineman could have been plucked later in the draft, he doesn’t really find fault with Washington jumping at the chance to get him at No. 5. On the other hand, Tandler isn’t wild about Scherff’s value that high in the draft.
  • After Mike Sando of ESPN.com grouped the NFL’s starting quarterbacks into tiers based on talent, Jason Fitzgerald of Over The Cap examines how each QB’s salary matches up to his placement on Sando’s list. Unsurprisingly, Brady is the major outlier, with Sando placing the Patriots quarterback near the top of his list, despite the fact that he has a fourth-tier salary.
  • Appearing on SiriusXM NFL Radio (audio link), agent Tom Condon discussed one client who just signed an extension (Cowboys receiver Dez Bryant) and another client who looks like a good bet to sign a new deal in the near future (Giants quarterback Eli Manning).