Greg Hardy's Potential Appeal - A Primer

[casmith07]

How can he get suspended for even two games when he hasn't be convicted of any crime. Is it not innocent until proven guilty? He hasn't been found guilty. ......equals no suspension

It's an administrative process, so you only need a preponderance of the evidence as proof (the least-adhered-to legal standard outside of a courtroom).

Basically, a preponderance is a gut feeling by the chief decision maker. It's weak sauce, but it is what it is.

 

[Irvin88_4life]

My thoughts exactly

They can't say because it brings negatively to the NFL......Brady just got off is that not negative.

If that's the case then every player on the Eagles beat me up and raped me. ......now they need to be suspended.

That's hear say. People can say whatever doesn't make it true

 

[Irvin88_4life]

It's an administrative process, so you only need a preponderance of the evidence as proof (the least-adhered-to legal standard outside of a courtroom).

Basically, a preponderance is a gut feeling by the chief decision maker. It's weak sauce, but it is what it is.

Do you have a gut feeling that O.J is a murderer? Doesn't matter what someone thinks Hardy was not found guilty in a court room with a jury of his peers. Period the end

 

[GroundZero1970]

See i agree if he had a guilty conviction then fine suspend him BUT the verdict was vacated meaning he is not guilty in the laws eyes so how can a not guilty person be suspended. Thats how i would appeal it, and peterson is guilty and was not suspended. Peterson was guilty of child abuse which i think is worse

 

[Kevinicus]

Do you have a gut feeling that O.J is a murderer? Doesn't matter what someone thinks Hardy was not found guilty in a court room with a jury of his peers. Period the end

This isn't criminal law. The standards are not remotely the same.

However, prior precedent would indicate a zero game suspension for someone not convicted or admitting guilt in some way.

 

[Kaiser]

The other way to play it out would be to file and seek a preliminary injunction and stay of proceedings until the following offseason in order to adequately litigate the case. This would "suspend the suspension" and allow Hardy to play this year, and then revisit the case in full next summer when all parties have adequate time and resources available for an equitable contest in court.

Great post, thanks for writing it up. I would like to see Hardy appeal and then reach a deal for 2 games at midseason (unless he thinks he will win outright) and then take the two games at midseason. It would give him a rest, keep him fresh for the playoffs and by that time Randy Gregory would be ready to start those games in his place.

 

[CrownCowboy]

Do you have a gut feeling that O.J is a murderer? Doesn't matter what someone thinks Hardy was not found guilty in a court room with a jury of his peers. Period the end

I agree with you. Whether or not he was guilty was besides the point here I believe.

His case fit a certain narrative that the media wanted to facilitate and things ended up how they did for Hardy. Now we all know that it may not have been how it initially seemed in Hardy's case and he has paid the price for it.

The man has been convicted of nothing and has paid for it financially and professionally.

 

[casmith07]

Do you have a gut feeling that O.J is a murderer? Doesn't matter what someone thinks Hardy was not found guilty in a court room with a jury of his peers. Period the end

Criminal law's standard of proof is beyond a reasonable doubt (approx. 99%). Civil and administrative matters are a preponderance (>51%). They're different standards. Both are strictly scrutinized in court proceedings. However, in administrative matters absent a practicing attorney or judge sitting as arbitrator or ALJ, a preponderance ends up becoming "I think he did it."

Great post, thanks for writing it up. I would like to see Hardy appeal and then reach a deal for 2 games at midseason (unless he thinks he will win outright) and then take the two games at midseason. It would give him a rest, keep him fresh for the playoffs and by that time Randy Gregory would be ready to start those games in his place.

I think he'll get it reduced to 2 games on settlement easily by Week 1.

 

[Kaiser]

I think he'll get it reduced to 2 games on settlement easily by Week 1.

I'd love to see that, but would it really happen in ten days?

 

[Gameover]

He'll mess around and get games added to his suspension.

 

[Wood]

The problem with the injunction is that it could end up just delaying the 4-game suspension into later in 2015. Let's say he gets his injunction, and instead of agreeing to delay the proceedings until the offseason, they head right to court. All of a sudden it's Thanksgiving and bam... he loses and has to begin serving it.

Obviously the Cowboys and Hardy may have differing interests as it relates to further settlement v. going for the injunction. This might get really interesting over the next few days.

In all honesty you need Hardy to start season with NY Giants and Philly as first two games. Your divisional games will determine a teams fate. I would try to stagger Hardy and Mac suspension.

 

[DallasInDC]

Possibly. The only thing different about the commissioner's exempt list is that players continue to get paid as opposed to disciplinary suspensions where they do not get paid. That's the NFL's most likely counterargument in the event this case got to trial before a judge. I can't say one way or another how it would go, but I think a judge would be inclined to agree with the NFL on that claim.

couldn't Hardy's team argue that the exempt list is in fact a punishment as the time away from football could/has significantly impact his earning potential since NFL contracts are primarily based on prior performance. Therefore, another suspension would be, in a sense, double jeopardy?

 

[strongarmqb]

couldn't Hardy's team argue that the exempt list is in fact a punishment as the time away from football could/has significantly impact his earning potential since NFL contracts are primarily based on prior performance. Therefore, another suspension would be, in a sense, double jeopardy?

Good Point. Is the punishment not being paid? Or not playing?

 

[texbumthelife]

The problem with the injunction is that it could end up just delaying the 4-game suspension into later in 2015. Let's say he gets his injunction, and instead of agreeing to delay the proceedings until the offseason, they head right to court. All of a sudden it's Thanksgiving and bam... he loses and has to begin serving it.

Obviously the Cowboys and Hardy may have differing interests as it relates to further settlement v. going for the injunction. This might get really interesting over the next few days.

My understanding is if the injunction wasn't approved till after the season, he could withdrawal the case and serve the time starting right then.

 

[Jstopper]

He'll mess around and get games added to his suspension.

That's not even possible. Go away.

 

[Cowboy4ever]

It is my understanding that his Suspension starts Saturday once the final cuts are complete. So does that mean he has tomorrow to file his appeal? With Monday being a holiday, I doubt it effects the season opener.. but who knows they might move fast with the season starting soon.

 

[Oh_Canada]

Criminal law's standard of proof is beyond a reasonable doubt (approx. 99%). Civil and administrative matters are a preponderance (>51%). They're different standards. Both are strictly scrutinized in court proceedings. However, in administrative matters absent a practicing attorney or judge sitting as arbitrator or ALJ, a preponderance ends up becoming "I think he did it."



I think he'll get it reduced to 2 games on settlement easily by Week 1.

Terrific post, thank you for your insight. I hope a settlement is reached and he's back week three, though I strongly feel vacating his suspension is warranted.

 

[Nightman]

Hardy should get 0 games according to all these Fed Court appeals.

Almost every DV without a conviction got 0 games.

I would push for an injunction and fly to Berman's court tonite.

 

[zack]

Hardy should get 0 games according to all these Fed Court appeals.

Almost every DV without a conviction got 0 games.

I would push for an injunction and fly to Berman's court tonite.

Right now Mara is smiling because we face Brady. Can you imagine his face if Hardy gets the injunction?

 

[FuzzyLumpkins]

If Hardy appeals to the court the NFL he should have a very easy time getting the court to agree (again) than anything over 2 games for a DV arrest is unwarranted under the CBA of the time.