Greg Hardy's Potential Appeal - A Primer

Hoofbite

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Yes, but my point is that if Hardy appeals it will be big news and the talking heads at ESPN will only talk about the charges and not the merits of the appeal.

As it is Hardy is just one of 30 guys suspended to start the season and may be ready to move on.

If he wants to fight, I would back him 100% though.

Of course they wouldn't talk of the merits of the appeal. How could they? Every major news outlet was scrambling to be first in line to stick their finger in the league's face when the DV story was rolling. They couldn't control themselves when it came to shaming the league for their light stance on DV.

The merits of the case are based on a structure of discipline that was universally regarded as insufficient so what would you expect them to say?

We here at ESPN realize that we were out in front when it came to reporting on the lack of discipline for players involved in DV, and while we as a company called for stiffer penalties for these players we're going to use some of the airtime tonight to discuss why "x" player shouldn't be penalized to the extent that we have previously stated to be sufficient. Before we get to that however, did anyone see LeBron's new duffle bag?
 

ConstantReboot

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Maybe because the NFL and the NBA are separate entities and make their own policies regarding player conduct.

Does it matter? These maybe separate entities but they have to abide by the laws of the United States. We live in a society where you are innocent until proven guilty. As of now the NFL is taken a beating from federal court. Maybe the NFL should abide by the laws of the land and stop acting like a dictatorship.
 

casmith07

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Yes, but my point is that if Hardy appeals it will be big news and the talking heads at ESPN will only talk about the charges and not the merits of the appeal.

As it is Hardy is just one of 30 guys suspended to start the season and may be ready to move on.

If he wants to fight, I would back him 100% though.

You're right in your first sentence.
 

ConstantReboot

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You may as well ask, "What did Big Ben do that was detrimental to the league?"

Is there really any need to ask that question? How the NFL chooses to define what is detrimental always has been and always will be up to the discretion of the NFL. Just like any other employer in the country, they decide what conduct makes them look bad. Arguing whether or not you think it was detrimental is pointless because neither you or I - nor anyone else on this site - has any say in the matter because we aren't owners in the NFL.

Now, whether or not his suspension is just is certainly up for debate, but even this ultimately doesn't matter because it looks like he'll serve every bit of that 4 game suspension without a fight.

I suspect the real reason he isn't going to contest it is because the NFL holds the ultimate trump card. As far as I can tell, he's still on the exempt list. Searched around a bit and no mention of him ever coming off the list. Asked in this thread and nobody replied so I'm assuming that nobody really knows. If he is on the list, overturning his suspension is irrelevant because he still cannot play while he's on that list. Roger controls when he comes off the exempt list and the exempt list has been an included part of the CBA for some time (Vick went on it in 2009) so there is no "technicality" to have the courts intervene. He could have his suspension entirely squashed and still be subject to Roger's call. As it is, he's probably hoping that his 4 game suspension will satisfy Roger's need for punishment, but if he were to go through with the appeal and have his suspension reduced to nothing who knows how long Roger keeps him on that list. Based on when Peterson came off the list, it could be the full 10 games.

Well if a federal judge should rule in favor of Hardy and that the NFL was in the wrong with his punishment, I don't see why Goddell would use that as a trump card and make himself look more of an idiot in defying a court order.

He would then be more subject to scrutiny by using this trump card and will probably face public humiliation. He cannot like act as if he is a dictator making rules that make him look good. Sure he may hold a trump card against Hardy. But eventually he will lose the PR game and that is something he can afford to lose.
 

Hoofbite

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Well if a federal judge should rule in favor of Hardy and that the NFL was in the wrong with his punishment, I don't see why Goddell would use that as a trump card and make himself look more of an idiot in defying a court order.

He would then be more subject to scrutiny by using this trump card and will probably face public humiliation. He cannot like act as if he is a dictator making rules that make him look good. Sure he may hold a trump card against Hardy. But eventually he will lose the PR game and that is something he can afford to lose.

Because he wouldn't be defying a court order. The order would be that Hardy couldn't be suspended, which says nothing about whether or not he can be held on the exempt list as outlined in the CBA even if the exempt list would basically accomplish the same endpoint as a suspension.

I don't see how he'd face scrutiny or public humiliation. His appeal says nothing about whether or not he should be punished, which is all the public cares about; it only says whether or not he could be punished according to the rules in place at the time his incident took place because that is all the appeal is considering. A successful appeal on his part won't do anything to vindicate Hardy or change the public's perception that he should be punished. It would just mean that he can't be suspended.

The public isn't going to care if Hardy is sitting out because of suspension or exemption. All they care about is whether or not another high profile athlete gets a free pass. If Goodell uses the exemption on Hardy, they certainly wouldn't scrutinize him for it when the alternative is the free pass.
 

Hoofbite

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Does it matter? These maybe separate entities but they have to abide by the laws of the United States. We live in a society where you are innocent until proven guilty. As of now the NFL is taken a beating from federal court. Maybe the NFL should abide by the laws of the land and stop acting like a dictatorship.

You do realize that it's perfectly legal to reprimand or even fire employees for violating company policy, don't you?
 

dallasdave

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Well if a federal judge should rule in favor of Hardy and that the NFL was in the wrong with his punishment, I don't see why Goddell would use that as a trump card and make himself look more of an idiot in defying a court order.

He would then be more subject to scrutiny by using this trump card and will probably face public humiliation. He cannot like act as if he is a dictator making rules that make him look good. Sure he may hold a trump card against Hardy. But eventually he will lose the PR game and that is something he can afford to lose.

Love that write-up. Goddell does act like a dictator and I would like to him face public humiliation and get fired. A lot of people act like DICTATORS and it's fun when they get theirs no matter how bad it is !!!
 

DandyDon52

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The court ruling did not take any of the tarnish of this latest ash on the Patriots and Brady.

The ruling was procedural and did not comment on whether Brady did or did not cheat

He will always be the guy who destroyed his cell when asked for evidence.

you might wanna read this.
http://********.com/the-full-story-of-tom-bradys-destroyed-cell-phone-1722190784
 

Nightman

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For some reason D-e-a-d-s-p-i-n is a four letter word and can't be linked
 

DandyDon52

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For some reason D-e-a-d-s-p-i-n is a four letter word and can't be linked

wow lol I just pasted it and it was blanked out !
so is that a new cuss word ?
here is the title, so do a search and it will come up at the above site
The Full Story Of Tom Brady's Destroyed Cell Phone
 

AshyLarry06

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I take it Hardy isn't gonna take the NFL to court seeing as its one hour away from the deadline and there is nothing new reported?
 

ConstantReboot

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You do realize that it's perfectly legal to reprimand or even fire employees for violating company policy, don't you?

So what does this have to do Hardy and his situation? Absolutely nothing.

Maybe you can enlighten me with what you mean by that.
 

ConstantReboot

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Because he wouldn't be defying a court order. The order would be that Hardy couldn't be suspended, which says nothing about whether or not he can be held on the exempt list as outlined in the CBA even if the exempt list would basically accomplish the same endpoint as a suspension.

I don't see how he'd face scrutiny or public humiliation. His appeal says nothing about whether or not he should be punished, which is all the public cares about; it only says whether or not he could be punished according to the rules in place at the time his incident took place because that is all the appeal is considering. A successful appeal on his part won't do anything to vindicate Hardy or change the public's perception that he should be punished. It would just mean that he can't be suspended.

The public isn't going to care if Hardy is sitting out because of suspension or exemption. All they care about is whether or not another high profile athlete gets a free pass. If Goodell uses the exemption on Hardy, they certainly wouldn't scrutinize him for it when the alternative is the free pass.

If the court finds that the NFL was wrong in regards to Hardy' case and demand that his punishment is lowered to 2 games the commish will mostly likely have to have to comply or else be found in contempt of court. I doubt very highly that the commish will use that so called trump card that you clearly imagined just because he can and that the Goddell can do whatever he wants even against the U.S court system.

If he does happen use that trump card with Hardy while not enforcing anything on Brady it will certainly cause public outrage for sure. I can see the media writing about how the commish is going hard on Hardy who is a black man, while he is letting Brady, who is white go clean without any punishment whatsoever.

If there is one thing that the commish will try to avoid is public outrage. Thus I doubt highly that he's gonna try and enforce anything on Hardy if the courts decide to side against the NFL.
 

DandyDon52

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So what does this have to do Hardy and his situation? Absolutely nothing.

Maybe you can enlighten me with what you mean by that.

The Nfl can punish a player for anything that they deem poor behavior, and within the union rules.
It has nothing to do with guilty or not guilty legal verdicts.
So hardys trouble with the law has no bearing on the nfl punishment.

I dont think hardy will pursue a appeal anyway.
He really waited too long to take action.

Also his case is different than bradys, but had he been actively working towards the appeal, he might have got it reduced or overturned.
Brady worked all year on this, and refused to settle for less than 0 games.
It was smart because he had nothing to lose, if the judge said it stands , then he still would have had the same suspension.
But anything less than 4 would be a victory.
 

ConstantReboot

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The Nfl can punish a player for anything that they deem poor behavior, and within the union rules.
It has nothing to do with guilty or not guilty legal verdicts.
So hardys trouble with the law has no bearing on the nfl punishment.

I dont think hardy will pursue a appeal anyway.
He really waited too long to take action.

Also his case is different than bradys, but had he been actively working towards the appeal, he might have got it reduced or overturned.
Brady worked all year on this, and refused to settle for less than 0 games.
It was smart because he had nothing to lose, if the judge said it stands , then he still would have had the same suspension.
But anything less than 4 would be a victory.

I don't think that Hardy will pursue an appeal. However, your right that he should have started long ago like Brady.

However, NFL can punish anyone for poor behavior. But they still have to follow the court of law and can't act as if they are some kind of dictatorship. Brady's case is different from Hardy's but the league treated as if it was the same. Thats why Hardy's case was reduced to 4 games.
 
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