Twitter: Greg Hardy will consult with NFLPA whether to take his suspension to federal court

[casmith07]

Hope your right but somehow I would think they would look at this a little differently given the charges. Not saying it's right or wrong but your looking at significant assault charges vs. deflating the air from football. I can see some impartial outside pressure on the judge which could theoretically come from his own wife.

They absolutely would, because its an allegation of domestic violence. Under the player conduct policy, based on the time the alleged misconduct took place, the maximum suspension that players were put on notice of was 2 games (Rice, Peterson). So the notice argument can be used, but only for capping Hardy's suspension at 2 games.

Still, as I said above, as a long shot argument I would say that the previous season spent on the commissioner's exempt list constitutes a constructive suspension in excess of the standard 2 games under that policy, and therefore Hardy should be suspended 0 games.

 

[casmith07]

Isn't it a little late for that? The season starts in two weeks. lol

This case being decided this way puts a lot of extra pressure on the NFL to settle.

 

[conner01]

I think it would be all or nothing, like Brady's.

I agree
The courts ruling was about the process not the games suspended

 

[SilverStarCowboy]

lol....and the Brady ruling has nothing to do with Hardys' decision....geniuses!

 

[dallasfan4lizife]

The season starts in 10 days. What is the point? Seems like an awful short time to ask/receive a ruling from the federal court.

But I'm not a lawyer so maybe it's possible?

 

[Stash]

I don't think so, based on how Brady's was ruled. Judge Berman even noted the suspensions of Ray Rice and Adrian Peterson being capped at 2 games due to notice of the Player Conduct policy being proper, which is where this case ran afoul for the NFL.

Hardy is looking at 2 games max based on Peterson, Rice, and now Brady under notice and prior precedent. I would also argue that the exempt list term from the previous year serves as constructive suspension and that the entirety of Hardy's suspension should be vacated, but that's a new argument that does not have any persuasive case law to point to.

tl;dr -- I think in light of Brady, Hardy should be capped at 2 (plus Peterson/Rice rulings). With a little extra lawyering, maybe 0 games.

But Hardy has already served 15 games of suspension, just like Peterson did. Peterson wasn't given any games of suspension on top of that.

 

[Sydla]

I don't think so, based on how Brady's was ruled. Judge Berman even noted the suspensions of Ray Rice and Adrian Peterson being capped at 2 games due to notice of the Player Conduct policy being proper, which is where this case ran afoul for the NFL.

Hardy is looking at 2 games max based on Peterson, Rice, and now Brady under notice and prior precedent. I would also argue that the exempt list term from the previous year serves as constructive suspension and that the entirety of Hardy's suspension should be vacated, but that's a new argument that does not have any persuasive case law to point to.

tl;dr -- I think in light of Brady, Hardy should be capped at 2 (plus Peterson/Rice rulings). With a little extra lawyering, maybe 0 games.

Agreed. You were right in the other thread by the way. I read the ruling.

 

[GroundZero1970]

AND Peterson was convicted in court while Hardy's conviction WAS VACATED.

 

[dwreck27]

What does he have to lose

 

[SilverStarCowboy]

When Hardy appeals it means he will be there for the opener.

 

[big dog cowboy]

Shefy saying that tomorrow is the 90 day deadline which Hardy can appeal.

 

[Stash]

Hope your right but somehow I would think they would look at this a little differently given the charges. Not saying it's right or wrong but your looking at significant assault charges vs. deflating the air from football. I can see some impartial outside pressure on the judge which could theoretically come from his own wife.

I think it's evidence and process more than I think it's about the particular offense. But that's just my opinion.

 

[Denim Chicken]

Just do it!

 

[hornitosmonster]

Might as well go for it

 

[KingLerxst]

The season starts in 10 days. What is the point? Seems like an awful short time to ask/receive a ruling from the federal court.

But I'm not a lawyer so maybe it's possible?

I can't imagine a decision would be handed down in ten days. I doubt the process would even get started for at least a month. He would probably ask for an injunction to be able to play while the appeal is in process.
My question is this. If he's not granted the injunction. And has to sit. Will he still get game checks for the games missed if he wins and gets a reduction? And do the Cowboys have to foot that bill having the money come off their cap?

 

[casmith07]

But Hardy has already served 15 games of suspension, just like Peterson did. Peterson wasn't given any games of suspension on top of that.

The commisioner's exempt list is not the same as a suspension, but your idea is precisely the way I would argue it to a judge - constructive suspension that was in excess of the standard previously set in Peterson/Rice.

 

[casmith07]

The season starts in 10 days. What is the point? Seems like an awful short time to ask/receive a ruling from the federal court.

But I'm not a lawyer so maybe it's possible?

Press hard for a settlement, which can happen in as short as a day's worth of negotiation; and ask for an injunction to delay the case until the following offseason.

 

[casmith07]

Shefy saying that tomorrow is the 90 day deadline which Hardy can appeal.

90 day deadline for what? These media types keep posting these arbitrary deadlines. Before it was a "two week" deadline like two months ago for Hardy to file in court.

I'm not aware of any 90 day statute of limitations for filing a civil complaint in federal court.

 

[GroundZero1970]

I argue that the commisioners exempt list IS is the same as suspenion......you get paid sure BUT you cannot play, cannot practice and cannot be with the team or attend meetings.. Therefore if the league says you cannot play then you are suspended regardless of whether or not you get paid. Companies suspend employees with pay all the time. He was legitimately suspended those games. The wording is just different

 

[big dog cowboy]

90 day deadline for what? These media types keep posting these arbitrary deadlines. Before it was a "two week" deadline like two months ago for Hardy to file in court.

I'm not aware of any 90 day statute of limitations for filing a civil complaint in federal court.

All I know is what Shefty is saying. From the day of the ruling there was a 90 day window that Hardy could appeal his 4 game suspension and day 90 is tomorrow. Not only that, the insiders that thought Brady had a chance to win think Hardy's case is a slam dunk.