Tom Brady appeal judge tells sides to ‘tone down their rhetoric’

The New York federal judge who will review New England Patriots quarterback Tom Brady's appeal of his four-game suspension over the "Deflategate" scandal on Thursday ordered the National Football League and its players union to begin settlement talks.

In a one-page order, U.S. District Judge Richard Berman directed all parties "forthwith actively to begin to pursue a mutually acceptable resolution" of the dispute, if they have not already done so.

Berman also said that while litigation is ongoing, it is appropriate and helpful for all sides to "tone down their rhetoric," saying "the earth is already sufficiently scorched."

The players union filed the petition in Minnesota on Wednesday on behalf of Brady.

The union wanted the case to be heard in Minnesota, where U.S. District Judge David Doty has a history of ruling in favor of players in labor cases against the NFL. The case will be heard instead by U.S. District Judge Richard Berman in Manhattan.

Brady hopes to overturn the suspension the NFL meted out for his alleged role in deflating footballs below league standards during the game that put the Patriots in the 2015 Super Bowl. A ball inflated below NFL standards could make it easier to grip, especially in cold weather.

National Football League Commissioner Roger Goodell had upheld the penalty he levied on Brady in May.

In deciding to move the case to New York, U.S. District Judge Richard Kyle of Minnesota wrote there was little reason for the case to be heard in Minnesota.

"Brady plays for a team in Massachusetts; the Union is headquartered in Washington, D.C.; the NFL is headquartered in New York; the arbitration proceedings took place in New York; and the award was issued in New York."

Neither the NFL nor the union would comment on the decision.