Report: “Don’t Expect” Settlement in Tom Brady’s Case

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Tom Brady and the NFL will sit down for a nice cup of coffee and their scheduled settlement conference on Wednesday, August 12th, but according to a report today in the Washington Post, the odds of either side moving any closer to a settlement before then are about as good as Harry Dunn and Mary Swanson getting together after all.

-= Related: Darrelle Revis Believes Brady Should Accept Suspension =-

The folks at WaPo, who, it should be noted, have been extremely sympathetic to Brady’s case thus far, spoke with multiple sources about whether there was any indication that the NFL and Brady would reach a settlement before U.S. District Judge Richard Berman steps in tomorrow. The short answer? “Nah.”

One source offered, “I don’t see much willingness to move toward a middle ground.”

Another source, who WaPo describes as a “person familiar with the case”, whatever that means (aren’t we all familiar with the case by now?), said, “You never say never, I guess. [But] I don’t expect it.”

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Oh.

Expecting a settlement, just like a suspension reduction from the NFL, would have been foolish to begin with. Neither side has anything to gain by being remotely cooperative. If Brady accepts anything at all, even a one-game suspension under the guise of “non-cooperation”, it’ll be viewed as an admission of at least some degree of wrongdoing. If the NFL accepts any reduction in Brady’s punishment, even one game, it’ll be acknowleding that their punishment, disciplinary process, appeal process, and conveniently timed leaks of misinformation were flawed.

Imagine that.

Judge Berman’s request that both sides “tone down the rhetoric” and get as close as they could to a settlement wasn’t really a request at all; it was a warning to everyone that he will pistol whip the next person that says “shenanigans”.

Both the NFL and Tom Brady are playing all-in at this point. Mike Florio at Pro Football Talk (who, it should be noted, used to practice law) described it this morning like this:

“Judge Berman wants the two sides to be as close to their bottom-line positions as possible on Wednesday morning, so that he won’t have to waste time getting them to their impasse point. Then, once he knows what each side is offering, he’ll conduct a hearing on the merits of the case.

Then, through the questions he asks and comments he makes from the bench, the parties will know which side needs to bend. If that doesn’t get the case settled, he’ll do some more bending next Wednesday, during the second settlement conference.

Although a judge can’t force two sides to settle, a judge can make it clear to one side that the choices are to take what you can get or take nothing.”

Hopefully, NFL.com can keep updating Brady’s fantasy draft value accordingly. I have a couple drafts next week, after all.

Next: Darrelle Revis Believes Brady Should Accept Suspension