Judge to Brady, NFL: Stop the war of words
The NFL and Tom Brady have exchanged heated words in the opening rounds of the Deflategategate legal battle, and presiding judge Richard M. Berman isn’t having it.
In an order filed with District Court in New York Thursday after Minnesota judge Richard Kyle deferred to the New York court, Berman wrote “While this litigation is ongoing, it is appropriate (and helpful) for all counsel and all parties in this case to tone down their rhetoric.’’
If your legalese is rusty, this roughly translates to “cut the crap.’’
Berman was assigned the case after the NFL filed to confirm its arbitration ruling in the New York court shortly after announcing its decision Tuesday. The NFLPA filed a competing suit in Minnesota seemingly in the hopes of landing judge David Doty, who is considered by some to be sympathetic to NFL players in labor suits. But with Kyle deferring, Berman will preside.
Suffolk University Law School professor and labor law expert Marc Greenbaum said he believes judge Berman’s order was directed more toward Brady’s camp than the NFL, as his attorneys, agent Don Yee and especially Patriots owner Robert Kraft have been highly critical of the NFL.
“He’s not technically a party, but…so far, the most outspoken comments have been by Kraft, Brady, Don Yee and (NFLPA head) DeMaurice Smith,’’ Greenbaum said. “The directive is shut the [expletive] up.’’
Elsewhere in the single-page order, Berman advised both sides to review the court’s rules on “motion practice,’’ or the filing of pre-trial motions. In a paranthetical immediately after, Berman writes “The earth is already sufficiently scorched, in the Court’s view.’’
Greenbaum said he’s not certain if “scorched earth’’ has a specific meaning in the New York court and New York-based attorney Benjamin Brafman, who has tried cases before judge Berman but is not involved in Brady’s, said he doesn’t know one.
If he had to guess, Greenbaum said this means Berman wants a swift resolution.
“To the extent that his reference to scorched earth is in reference to excessive motion practice, which seems to be what the order is suggesting, it means he is trying to expedite the litigation,’’ Greenbaum said.
The order likewise directs the parties to “actively begin to pursue a mutually acceptable resolution of this case.’’
Brady’s side has until Aug. 13 to respond to the NFL, per a Wednesday memo by Berman.
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