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3 scenarios that'll extend deflate-gate for Tom Brady, NFL if no settlement is reached

Finally, we know the loser in Tom Brady vs. the NFL: brevity.

For all of those who hoped for a short battle and swift compromise, believing that logical heads had to prevail, you've been crushed. Barring some last moment epiphany between a gang of attorneys who are becoming richer by the day, Brady vs. the NFL will be placed in the hands of U.S. District Court Judge Richard M. Berman on Wednesday. And no matter what Judge Berman decides (or when he decides it), Brady's travel plans made the only declaration that matters. He left New York on Tuesday with no settlement. And no settlement means no end in sight.

(Getty Images)
(Getty Images)

Instead, attorneys from the NFL Players Association and league office will trudge into a courtroom Wednesday and explain what we already know – that the two sides can't come to an agreement despite being instructed to do exactly that. Then they will answer questions from Berman, poking their heads out of entrenched positions and repeating the same beaten-to-death talking points. Perhaps Berman will voice his displeasure, and maybe even tip his gavel toward one side with a specific line of questioning. Even then, we ultimately won't know his decision for days or weeks. And even when we do, it will be prologue to the next wave of paper pushing.

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Consider each outcome and what it is likely to inflict:

• The NFL wins. The court sides with commissioner Roger Goodell. It affirms that Goodell properly conducted Brady's appeal within the language of the collective-bargaining agreement, and correctly applied his powers to censure the quarterback. Brady then appeals and seeks an injunction allowing him to play until there is a resolution to his appeal. The legal process starts over again and potentially drags on months (or longer).

• Brady and the NFLPA wins. The court sides with the quarterback and union, deciding that Goodell did not properly conduct Brady's appeal, and/or misapplied his power as it pertained to the language of the CBA. The NFL appeals, but Brady plays until there is a resolution to the league's appeal. The legal process starts over again and potentially drags on months (or longer).

• The NFL and Brady both lose. The court sides with neither, but determines that for some reason, Brady's appeal was not handled properly under the language of the CBA. The court would then strike down Goodell's previous decision and order both sides back to the drawing board for another appeals hearing. In this case, the court would be expected to spell out the specific problems with the previous appeal and state the need to remedy them. This would likely be faster than an appeal in the court system, but would take time to once again get the process up and running. And it could once again result in Brady's suspension being upheld, which could (once again) trigger another court battle on the basis of nitpicking CBA language.

In any one of those scenarios, it's hard to see this being resolved in 2015. As the judge stated early on in this case, settlements are far more fruitful routes in cases that are fought inside the language of a CBA. Simply from the standpoint of money, it's usually the only way both sides can win.

But winning appears to be more important than spending for these two sides. And maybe for that reason alone, deflate-gate will drag on far beyond Wednesday.