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By Erin McClam

It’s up to a judge to decide whether Tom Brady’s four-game suspension in the Deflate-Gate scandal will stand.

With Brady and NFL Commissioner Roger Goodell looking on, lawyers told a federal judge in New York on Monday that settlement talks over the suspension had failed, The Associated Press reported.

The judge, Richard Berman, said he will rule as early as Tuesday.

Read more from NBC Sports' ProFootballTalk

The league suspended Brady, and Goodell later upheld the ruling, after concluding that the star quarterback and two team employees schemed to let air out of footballs before the AFC championship game in January, presumably to make them easier for Brady to grip.

Brady insists neither he nor any Patriots employee did anything wrong.

The Patriots open the NFL season on Sept. 10 at home against the Pittsburgh Steelers.

The Associated Press contributed.