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Why would Judge Berman go over Goodell’s head?

The news last night that Giants co-owner John Mara declined to get involved in the Tom Brady settlement discussions arises from a potentially intriguing reality. With the request for Mara’s involvement coming from the court, why would Judge Richard M. Berman be going over Commissioner Roger Goodell’s head?

On one hand, the explanation could be that Judge Berman has become exasperated with the NFL’s stubbornness regarding settlement. Earlier this week, the league was still insisting on the NFL Players Association and Brady agreeing to accept the major findings of the Ted Wells report and acknowledging the powers used in this case before even commencing a discussion regarding a reduced suspension.