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Latest On DeflateGate, Brady Appeal

August 12th, 2015 at 4:57pm CST by Luke Adams

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 Patriots, Tom Brady

August 12th, 2015 at 9:42am CST by Zachary Links

The latest on Patriots quarterback Tom Brady as he gets set for today’s settlement conference in NYC..

Jason Cole of Bleacher Report (on Twitter) has spoken with six NFL owners who would consider independent mediation/arbitration on discipline for Brady. One of the owners told Cole that he feels the situation is only hurting Roger Goodell.
Settlement talks between the NFL and NFLPA on Tuesday regarding the Brady situation went nowhere, Albert Breer of NFL.com (on Twitter) hears from a source. Admission-of-guilt, he says, remains a stumbling block. The NFL is now saying there will be no settlement unless Brady accepts the findings of the Wells report, sources tell Adam Schefter and Chris Mortensen of ESPN.com (Twitter link).
As the settlement conference approaches, some wonder whether commissioner Roger Goodell truly has the power to resolve the case without making one or more phone calls to one more owners, Mike Florio of Pro Football Talk writes. Throughout the labor negotiations of 2011, the Commissioner was joined by the CEC, a group of 10 owners who were directly involved in talks that culminated in a new labor deal. He may have to take a similar approach in order to settle with the Patriots quarterback.

Latest On DeflateGate, Brady Appeal

August 11th, 2015 at 11:50am CST by Luke Adams

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 East Notes: Dolphins, Brady, Patriots

August 10th, 2015 at 7:24pm CST by Zachary Links

Former Dolphins offensive coach Jim Turner is filing a defamation lawsuit in Florida against Ted Wells for his findings in his February 2014 report on the Dolphins bullying scandal, Adam Schefter of ESPN.com writes. Turner, who thinks his reputation and career have been unfairly affected, believes that Wells’ report on the Dolphins negatively and perhaps permanently altered his ability to land another NFL coaching job. The Dolphins were plagued by the scandal in 2013 which centered on the relationship between offensive linemen Jonathan Martin and Richie Incognito. Here’s more out of the AFC East..

Some of those connected to the Tom Brady case tell Mark Maske of the Washington Post that they’re skeptical that Wednesday’s settlement conference in federal court in New York will move the NFL and the NFLPA significantly closer to a compromise and resolve their dispute over Brady’s punishment. “I don’t see much willingness to move toward a middle ground,” one of those people said. Another person familiar with the case expressed similar sentiments, saying: “You never say never, I guess. [But] I don’t expect it.”
By cutting Chris White and trading Matt Wells, the door is open wider for Rutgers product Jonathan Freeny to make the Patriots, Jeff Howe of The Boston Herald tweets.
Since the start of the Deflategate investigation, there was a lot of questioning of Ted Wells’ standing as an independent investigator. However, if you ask Tom E. Curran of CSNNE, that’s ultimately a moot point.

Latest On Deflategate

August 8th, 2015 at 2:06pm CST by Sam Robinson

The NFL relying on suspending Tom Brady for “conduct detrimental to the integrity of” the game is a slippery slope, writes Pro Football Talk’s Mike Florio in analyzing both the league’s and NFLPA’s briefs issued Friday night (Twitter link).

While the NFL is aiming toward using this broad language to illustrate why Brady deserved the four-game suspension, the NFLPA can argue Brady’s punishment should reside in the realm of an equipment violation rather than a performance-enhancing drug-level ban. The 2011 CBA that grants Roger Goodell suspension leeway, however, the two sides negotiated points into the agreement that pertain to detrimental conduct.

Florio points to the fine schedule, which contains amounts for which players can be fined for certain offenses, such as taunting or various excessive roughness. The PFT writer compares this case to a player caught using stickum, which would bring a fine of less than $10,000, as opposed to the immense charges that have been levied here.

Here are some other observations from the latest Deflategate salvos.

The NFL will point to legal precedents where judges didn’t overrule the decisions of arbitrators, writes Ben Volin of the Boston Globe (on Twitter). Citing those cases, the NFL’s argument could supersede Goodell’s potentially questionable tactics when upholding the 16th-year Patriots quarterback’s suspension.
Whether or not Ted Wells needed to be viewed as an independent investigator poses another gray area, writes Michael McCann of SI.com. The NFL now argues Wells’ affiliation is immaterial, but McCann points out judge Richard M. Berman could look at previous statements praising the investigator’s impartiality in being assigned this case. Those optics wouldn’t look good for the league.
In addressing the case Friday night in Canton, Ohio, Goodell pointed to the CBA in defending his decision. “Listen, he’s a great player and he’s a great young man. We issued the decision just last week. We’re in the midst of litigation to … ensure that that’s enforced the way we ruled on that, after a long process that is established in our collective bargaining agreement. That’s something we’ll play through,” the commissioner said via Ron Borges of Talk of Fame Sports. Inductee Ron Wolf also praised Goodell for his judgment, replaying “Way to go on that Brady thing,” which induced uproarious Goodell laughter. The former Packers executive clarified that he while it came out as a joke, he meant to merely congratulate the league boss on finally coming to a decision.

AFC Notes: Foster, Brady, Colts, Nicks

August 7th, 2015 at 11:48am CST by Luke Adams

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 Notes: Brady, Patriots, Hunter, Texans

August 4th, 2015 at 9:54pm CST by Zachary Links

Earlier today, a mammoth 457-page transcript of Tom Brady‘s testimony was released. As Jimmy Golen of The Associated Press writes, the Patriots quarterback denied under oath to Roger Goodell that he tampered with footballs before the AFC title game. Meanwhile, investigator Ted Wells apparently never warned the Brady he would be punished if he didn’t turn over his cellphone. Brady denied discussing air level with the ballboys or even thinking about how inflated the footballs were when he selected them. He also said he’s never asked anyone from the Patriots to tamper with footballs. While we wait to see how that all shakes out, here’s more out of the AFC..

The transcript also contains confirmation that the Ravens tipped off the Colts on the Patriots‘ alleged doctoring of footballs, Ben Volin of The Boston Globe tweets.
The NFLPA filed its counterclaim and amended answer in federal court in Manhattan today, as Tom Pelissero of USA Today tweets. As a part of the counterclaim, the union brought forth the Brady appeal transcript, which led it it becoming public.
Titans receiver Justin Hunter is facing a felonious assault charge following a bar fight last month, but his attorney is confident that the case will “end will” for Hunter, as John Glennon of The Tennessean writes. “I can tell you I’m confident that Justin didn’t do what he’s been charged with and that I have significant concerns about the credibility of the accuser,” attorney Toby Vick said. The NFL is also looking into the incident, and will likely wait for resolution in court before deciding on possible discipline for the wideout.
Former University of Texas wide receiver Mike Davis recently worked out for the Chiefs and has also worked out for the Panthers, a source tells Aaron Wilson of the National Football Post (Twitter link).
Arian Foster‘s groin issue isn’t the only bad injury news the Texans received today. According to John McClain of the Houston Chronicle (via Twitter), sixth-round rookie OLB Reshard Cliett went down with a knee injury in the club’s first practice, and is expected to be sidelined for the year.

Luke Adams contributed to this post.

AFC East Notes: Gronk, Brady, Dolphins, Clay

August 4th, 2015 at 10:25am CST by Luke Adams

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, Jets, Richardson

August 3rd, 2015 at 6:20pm CST by Zachary Links

Albert Breer of NFL Media (on Twitter) hears that the parties in the August 12th Tom Brady settlement conference may be able to participate by phone, but that they’ll have to present a good reason for doing so. Mike Florio of PFT, a former lawyer, advises that Brady get himself to Manhattan as a sign of respect to the federal judge. Florio writes that not flying to Manhattan alone won’t mean a loss in court for Brady, but it could affect the proceedings in other ways. Here’s more from the AFC East..

The Jets obviously can’t get much for him now, but Sheldon Richardson could be a valuable trade piece after the 2015 season, Darryl Slater of the Star-Ledger writes. The final year of Richardson’s rookie deal is in 2016, but he can be kept under control through 2017 with a fifth-year option at a relatively cheap rate. For now, the Jets will have to wait and see if Richardon’s four-game suspension for marijuana is about to balloon into something bigger after last week’s bizarre incident.
Veteran Ryan Fitzpatrick has virtually no chance of overtaking Geno Smith for the Jets‘ starting QB job this summer, Mark Cannizzaro of the New York Post writes. Of course, if Smith falters for the first few weeks of the season, the door will be open for the Harvard product.
Calvin Pryor didn’t impress in his rookie season with the Jets, but a position change could be the key to unlocking his potential, Brian Costello of the New York Post writes. The Louisville product is now playing strong safety instead of free safety, which means that he can concentrate on laying down the big hits.
In the battle of Patriots QB vs. Roger Goodell, Gary Tanguay of CSNNE.com feels that the law is on the side of the commissioner, which is why Brady should take a settlement on his suspension, if possible.

East Notes: Pats, Jets, Mathis, Goldson

August 1st, 2015 at 3:18pm CST by Sam Robinson

As our first weekend of 2015 training camp action is upon us, let’s look at some of the matters emerging from the Eastern divisions.

Adding to last night’s report of an August 12 conference involving Tom Brady and Roger Goodell, Pro Football Talk’s Mike Florio notes the transcript from Brady’s June appeal hearing with Goodell will become available if the case isn’t settled. Florio views Judge Richard M. Berman’s action of getting directly involved in trying to settle this case quickly one of the more active attempts by a judge to do so in his extensive law history. The PFT scribe notes that Berman probably already knows which way he’ll rule should both sides indeed join him for this summit as opposed to settling this matter beforehand.
The Patriots are not observing the latest Deflategate-related directive to tone it down, as Florio notes, and instead have launched a website aimed at uncovering what they believe is misinformation in the Ted Wells report. The first post on a site titled WellsReportcontext.com shows a chain of emails between Patriots general counsel Robyn Glaser and NFL general counsel Jeff Pash. While this means more Deflategate coverage more than six months after the story surfaced, it looks to now at least have created a job for a Patriots IT staffer.
Evan Mathis‘ agent, Drew Rosenhaus, has engaged in preliminary talks with the Jets, reports Rich Cimini of ESPN.com (Twitter link) after speaking with Jets GM Mike Maccagnan. “We’ve had talks with Evan’s agent,” Maccagnan said, according to Justin Tasch of the New York Daily News. “They’re kind of getting a feel for where – they have a range for where they want to be. The other thing with a lot of teams honestly at this point in time, you almost want to kind of see what you have first to a certain degree.” The former All-Pro would certainly be an upgrade over Willie Colon, who’s battled a knee ailment all offseason before coming off the PUP list Saturday. Tasch, however, adds Nothing is imminent, with Mathis — who was slated to make $5.5MM with the Eagles this season before his release — searches for significant money. Gang Green has $5.5MM in cap room, per OverTheCap.
Shortly after Rod Graves vacated his spot in the Jets’ front office to take a job with the league office, the Jets will replace him as director of football administration with Jacqueline Davidson, according to Randy Lange of NewYorkJets.com. Joining Cardinals assistant Jen Welter, Raiders play-by-play voice Beth Mowins and newly appointed official Sarah Thomas as one of the highest-ranking women in the league, Davidson already serves as the Jets’ lead negotiator in player contracts and played a key role in the Jets’ reacquiring of Darrelle Revis.
Washington safety Dashon Goldson, as part of the renegotiated contract upon his trade from the Bucs, received a $2.3MM roster bonus today, per ESPN.com’s Field Yates (on Twitter).