In the litigation arising from Tom Brady’s four-game suspension, the NFLPA’s argument is, essentially, even if Tom Brady did what he’s accused of doing, he can’t be suspended. for it The NFL’s argument is, essentially, even if he didn’t do it, fair and proper procedures were implemented for determining by a “preponderance of the evidence” that he did it, and the Commissioner has broad authority to protect the integrity of the game.
But when Judge Richard M. Berman brought the parties to court on Wednesday, he seemed to be more interested in sorting out the facts than figuring out the legal principles that would either confirm the suspension or scrap it.