NEW YORK -- Last-minute settlement talks between lawyers for NFL Commissioner Roger Goodell and New England Patriots quarterback Tom Brady have failed, leaving a judge to decide the fate of "Deflategate."

Federal Judge Richard Berman announced at a conference in Manhattan on Monday that both sides tried hard to reach a deal during the morning but failed.

He says he expects to rule as early as Tuesday whether Brady must serve a four-game suspension to start the season for his role in using underinflated footballs during the playoffs last season.

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Goodell upheld the suspension in July, saying Brady colluded with two Patriots ball handlers to deflate balls before New England routed the Indianapolis Colts in January's AFC championship game. The NFL Players Association wants the suspension nullified.

The Patriots then won the Super Bowl.