Lawyers for the National Football League and the players union failed to reach an agreement Tuesday over the power of NFL Commissioner Roger Goodell to suspend new England Patriots quarterback Tom Brady for an alleged scheme to deflate footballs below the league minimum.

Attorneys in the case, joined by Brady and Goodell, engaged in settlement talks without success at a site away from the courthouse with Magistrate Judge James Francis.

Lawyers for the NFL and the NFL Players Association are set to appear Wednesday before Southern District Judge Richard Berman for oral argument over the NFL's motion to confirm the arbitration award at issue in the case—Goodell's July decision upholding the four-game suspension imposed on Brady by NFL Vice President of Football Operations Troy Vincent.