Judge in Deflategate appeal hearing 'anticipates' decision by end of week

ByABC News
September 1, 2015, 5:33 PM

— -- There was no ruling in the Deflategate case Tuesday. Late in the afternoon, the federal judge hearing the case said he "anticipates" issuing his decision by the end of the week.

That was similar to what U.S. District Court Judge Richard M. Berman said Monday -- that the ruling would "hopefully" come "tomorrow or the day after."

But it didn't come "tomorrow." The wait continues. The NFL and the NFLPA have asked the judge to rule by Friday, six days before the New England Patriots' opener. The Patriots open the regular season against the Pittsburgh Steelers next Thursday.

Berman announced Monday that the sides had failed to reach a settlement after several weeks of talks.

"The parties tried quite hard, I think," Berman said Monday of the settlement talks, according to reporters on the scene. "In some cases, [a settlement] doesn't happen. This is one of those cases."

Patriots quarterback Tom Brady's suspension was upheld by NFL commissioner Roger Goodell in July after an appeal. Brady, meanwhile, repeatedly has disputed the league's ruling that he and Patriots equipment staff colluded to deflate footballs before New England's 45-7 victory over Indianapolis in last season's AFC Championship Game.

Brady, appearing Monday night at a Gillette Stadium charity event, kept a humorous tone when speaking to an audience during what is reportedly the Patriots' biggest fundraiser, saying, "it's been such an enjoyable offseason," before turning serious. 

"The commitment the players make, and the commitment the coaches make to try to establish such a high level of play year in and year out is something I've really learned from being here," Brady said, according to local media. "I try to pass those things on to the next generation of great Patriot players, and sometimes they don't listen very well.

"But you just keep saying it -- just like I tell my kids -- and you have to repeat it over and over and over again and hopefully maybe it sinks in."