This is not a surprise and I think his lawyer knew he was fighting uphill against what Irvin said in the radio call in.
The Marriott sure got specific about what they allege he said, complete with witnesses and descriptions that would be evident on the video. The video the lawyer has said he will release to the public. I doubt that video sees the light of day again.
At no time in all of this did Irvin or his lawyer address what Irvin did or did not say in that encounter. It was treated as if that wasn't what this was all about.
One of the, and there are many, things we do not know is the role of the NFL in all of this. Have they counseled him that as long as this lawsuit against one of their sponsors continues, he stays in TV limbo.
From the very beginning, the one question that was out there was how is he going to defend himself after what he said in the call in? That, was a huge mistake
What we can watch for now is to see if a new suit is filed and if the NFL is part of that because their involvement in this was far beyond what was first reported. They may have struck a deal with him to get him back on the air and make all of this go away.
If a new suit isn't filed, there's your answer about what he said to the woman. Now whether one feels the punishment fits the crime, that's another issue. But who brought this story to the attention of the public?