Missouri Supreme Court invalidates Commissioner as arbitrator, can ruling on Hardy be overturned now

[cowboyjoe]

http://profootballtalk.nbcsports.co...court-invalidates-commissioner-as-arbitrator/

can the ruling on greg hardy now be overturned? can we also get the new york lawyer (probably woman that john mara suggested to goodell, she is a big time new york giant fan) also overturned as well as goodell and john mara?

Posted by Mike Florio on May 5, 2015, 11:24 PM EDT

APhttp://profootballtalk.nbcsports.com/2015/05/05/missouri-supreme-court-invalidates-commissioner-as-arbitrator/
When it comes to employment disputes involving individuals teams, the NFL traditionally stacks the deck in its favor, forcing disgruntled employees to agree to arbitration — with the Commissioner of the league presiding. Last week, the Missouri Supreme Court delivered what could become a fatal blow to the league’s obsession with allowing a non-lawyer to make legal decisions that could be influenced by business interests unrelated to what the law requires.

In a lawsuit filed more than four years ago by former Rams equipment manager Todd Hewitt, the Missouri Supreme Court invalidated the requirement of submitting all claims to arbitration resolved by the Commissioner. The Missouri Supreme Court based its conclusion in part on a fairly simply analysis of three provisions of the league’s Constitution and Bylaws.
First, the Court pointed out that Section 8.3 gives the Commissioner “full, complete, and final jurisdiction and authority to arbitrate . . . [a]ny dispute between any player, coach, and/or other employee of any member of the League and any member club or clubs.” Next, the Court pointed out that Section 8.1 requires the NFL to “select and employ a person of unquestioned integrity to serve as Commissioner of the League and shall determine the period and fix the compensation of his employment.” Then, the Court pointed out that Section 8.2 states that the “Commissioner shall have no financial interest, direct or indirect, in any professional sport.”

Read the link more info...

 

[CCBoy]

Too bad that arbitration isn't just a gentlemen's agreement. It needs law and enorcability when involved with protection of worker's rights. The cash flow of the NFL is so great that they are what was formerly considered monopolies and with much more stringent requirements, due to the vast cash involved.

 

[Alexander]

I do not think it has much of a bearing on the Hardy case.

 

[iceberg]

Too bad that arbitration isn't just a gentlemen's agreement. It needs law and enorcability when involved with protection of worker's rights. The cash flow of the NFL is so great that they are what was formerly considered monopolies and with much more stringent requirements, due to the vast cash involved.

i honestly hope this goes through the legal process and in the end, "justice" does prevail. not because i care if hardy serves 1 game or 10. not because i'm a cowboy fan with self serving interests in letting ANYONE wear the star in order to win.

anyone saying that simply doesn't know me all that well, do they?

it's flat out wrong for goodell to be able to take away a mans career because of accusations. it's mob driven, without thought and full of emotional hopes that this phyric "message" will somehow change the world. there also should be consistency in punishment that is doled out regardless of how the public views the "crime" at the time. the public has no business in making decisions such as this.

period.

and that's who goodell is pandering to and it needs to stop.

 

[Longboysfan]

Oh. So they mearly pointed out that the Commissoner may not be impartial....
Hmmmmm.... Something we have known since..... Roger took over.....

 

[Fletch]

#UnleashTheKraken!

 

[khiladi]

I don't know what this means or what the implications are yet, because I haven't read it, but if it makes Goodell look like he does in this picture, it must be amazing..

 

[YosemiteSam]

I do not think it has much of a bearing on the Hardy case.

It absolutely does. They can prevent Goodell (who without question has NFL ownership bias) from arbitrating the any case regarding Hardy. Craft and Mara have Goodell by the balls. He does whatever they ask.

 

[Galian Beast]

It absolutely does. They can prevent Goodell (who without question has NFL ownership bias) from arbitrating the any case regarding Hardy. Craft and Mara have Goodell by the balls. He does whatever they ask.

The NFLPA already asked for a neutral arbitrator.

The only way this would have had bearing is if he was still going to be arbitrator in the first place, which I don't think he was.

A few things I would argue in favor of Hardy

A) He was already suspended last year. I'm not certain, but I think he was suspended with pay, and if that is the case, I think to suggest an additional suspension wouldn't be in the bounds of the previous rules. Maybe a fine but no way you can make him miss more games after missing 15 last year.

A neutral arbitrator will recognize that you can punish a player with new rules and the fact that he already lost 15 games (even if he was paid) would simply mean that you should be able to fine him.

The only difference is that I think the Panthers suspended him and not the NFL.

 

[anava]

So when does his case go before an arbitrator?

 

[Zimmy Lives]

i honestly hope this goes through the legal process and in the end, "justice" does prevail. not because i care if hardy serves 1 game or 10. not because i'm a cowboy fan with self serving interests in letting ANYONE wear the star in order to win.

anyone saying that simply doesn't know me all that well, do they?

it's flat out wrong for goodell to be able to take away a mans career because of accusations. it's mob driven, without thought and full of emotional hopes that this phyric "message" will somehow change the world. there also should be consistency in punishment that is doled out regardless of how the public views the "crime" at the time. the public has no business in making decisions such as this.

period.

and that's who goodell is pandering to and it needs to stop.

Isn't everything mob-driven these days? The mob is power; gain control of the mob and you control everything. [indirect quote from Gladiator]

 

[tyke1doe]

The NFLPA already asked for a neutral arbitrator.

The only way this would have had bearing is if he was still going to be arbitrator in the first place, which I don't think he was.

A few things I would argue in favor of Hardy

A) He was already suspended last year. I'm not certain, but I think he was suspended with pay, and if that is the case, I think to suggest an additional suspension wouldn't be in the bounds of the previous rules. Maybe a fine but no way you can make him miss more games after missing 15 last year.

A neutral arbitrator will recognize that you can punish a player with new rules and the fact that he already lost 15 games (even if he was paid) would simply mean that you should be able to fine him.

The only difference is that I think the Panthers suspended him and not the NFL.

I don't know if you can call getting paid your full check without playing punishment. But we'll see.

Just a point of legality, why would the Missouri Supreme Court case have any bearing on the Cowboys or the legal? I can see in the case of the Rams who operate out of the state of Missouri. But the Missouri Supreme Court isn't a federal court. So how would this ruling influence the Hardy case?

For our resident lawyers.

 

[TellerMorrow34]

Isn't everything mob-driven these days? The mob is power; gain control of the mob and you control everything. [indirect quote from Gladiator]

Yes. It is.

The national news on every single situation is mob driven. They do what sales. What adds views and clicks.

 

[Galian Beast]

I don't know if you can call getting paid your full check without playing punishment. But we'll see.

Just a point of legality, why would the Missouri Supreme Court case have any bearing on the Cowboys or the legal? I can see in the case of the Rams who operate out of the state of Missouri. But the Missouri Supreme Court isn't a federal court. So how would this ruling influence the Hardy case?

For our resident lawyers.

The case was brought up by an employee of the Rams. This only impacts Missouri, but it is a citable precedence that can be used to argue against the NFL in the future in other locations.

 

[jterrell]

I don't know if you can call getting paid your full check without playing punishment. But we'll see.

Just a point of legality, why would the Missouri Supreme Court case have any bearing on the Cowboys or the legal? I can see in the case of the Rams who operate out of the state of Missouri. But the Missouri Supreme Court isn't a federal court. So how would this ruling influence the Hardy case?

For our resident lawyers.

legally, yes.
suspended with pay is still suspension.

the effect is courts generally respect each others' ruling.
this is likely to be accepted by most states now that it is written.
the NFL likely makes changes based upon this rule.

hardy was always likely to draw a reduced sentence. in fact it is very likely the commissioner chose 10 games expecting to see him serve 6.

if hardy can't avoid nonsense like the irreverent 9/11 reference a reduced suspension won't matter.

 

[iceberg]

The case was brought up by an employee of the Rams. This only impacts Missouri, but it is a citable precedence that can be used to argue against the NFL in the future in other locations.

that explains calling out the 2 teams, so good catch. thank you. it has to start somewhere and if too late for those "in process" i hate it, but change it.

 

[jterrell]

btw, this is where florio actually shines.
he is an attorney by trade.
being a fake tmz sports was never his calling.
he is dry and boring.
but he knows the law.

 

[tyke1doe]

The case was brought up by an employee of the Rams. This only impacts Missouri, but it is a citable precedence that can be used to argue against the NFL in the future in other locations.

Thanks.

 

[ConstantReboot]

Section 8.1 requires the NFL to “select and employ a person of unquestioned integrity to serve as Commissioner of the League and shall determine the period and fix the compensation of his employment.” Then, the Court pointed out that Section 8.2 states that the “Commissioner shall have no financial interest, direct or indirect, in any professional sport.”


First Section 8.1 points out that the Commissioner has to be of unquestioned integrity. Goddell's integrity is questionable and I doubt that he has any integrity at all.

Secondly, Section 8.2 points out that the Commissioner shall have no financial interest direct or indirect. Well, he is good friends with Mara and Kraft and seems to dictate some of decisions beneficial to their franchises. Hardy's verdict was extremely biased. By appointing a woman who has ties to Mara shows that the Commissioner is breaking Section 8.1 and 8.2 of the laws specified here.

 

[links18]

This is a case with limited scope affecting only Missouri right now. It may be a powerful precedent, but it will likely take years for any broader implications to make themselves felt. In other words, it wont affect the Hardy case much....