NFLPA filed a motion to hold NFL/Goodell in contempt of court

[Galian Beast]

This is very big news for the Dallas Cowboys.

The NFL suspended Peterson for 6 games without pay at the end of the year last year. They reinstated him this year ending his suspension.

That suspension was appealed and even though he has already missed those games, they are still relevant, likely for pay, but also as it impacts a certain player (Greg Hardy).

In the appeal the arbitrator suggested that Peterson settle with the NFL. A settlement was not reached and as a result the arbitrator ruled in favor the NFL and in doing so broke several laws (hell his appointment as neutral arbitrator itself is questionable, at least it would be to the Missouri Supreme Court).

Anyway this is relevant because Judge Doty threw out the original ruling by the arbitrator to uphold the suspension. Mind you he did not reverse the NFL's initial suspension. He ruled that the process return to arbitration and that the arbitrator follow the rules in essence.

Rather than do this (which would have set prime precedence limiting the leagues power) they just decided to reinstate Peterson, ignoring the fact that he still served his suspension, and I'm guessing here lost pay for the games.

Likely the result would be at that the NFL and/or the Vikings owe Adrian Peterson 3-4 game checks, but this also impacts Greg Hardy, because the Rice Peterson and Hardy cases presents itself as a triangle of precedence. There is very little reasoning that the NFL could make to punish Hardy more than it does Peterson. So I would expect ultimately that Greg Hardy will miss the first two games of the season as a ruling from arbitration now (where as I discussed in another topic Harold Henderson would have just rubber stamped this).

The only thing that could reduce the amount of games is if it is determined that there should be no difference in the fact that Peterson filed for reinstatement in week 11.

Forcing Peterson's case back to arbitration is a huge deal for Hardy. I just wish they had done this immediately after the NFL reinstated Peterson.

 

[Bullflop]

Not a bad idea . . . sure hope it works!

 

[Galian Beast]

Not a bad idea . . . sure hope it works!

It's actually pretty smart given that they've really taken the offensive here. I'm surprised the NFL is doing so much to keep this in the news... but they think that this wins them points by acting tough now. All of this will blow up in their face.

 

[Eskimo]

The thing I just don't understand is the guy already missed 15 games, it's just that he was paid for them.

Even if they decided they wanted to suspend him 2 games, hasn't he served the suspension already? Just fine him 2 game cheques and let him return to the field. I don't believe the NFL should be able to suspend him more than 2 games according to prior precedents so that should be the end of it.

 

[Texas_Pete]

Net results? Hardy playing by game 3.

 

[Galian Beast]

The thing I just don't understand is the guy already missed 15 games, it's just that he was paid for them.

Even if they decided they wanted to suspend him 2 games, hasn't he served the suspension already? Just fine him 2 game cheques and let him return to the field. I don't believe the NFL should be able to suspend him more than 2 games according to prior precedents so that should be the end of it.

It would probably be 3 game checks, and the thing is it may be argued in court at some point. An arbitrator ruled against the NFLPA that the exempt list constituted time served, but they never appealed that.

 

[burmafrd]

even if you are being paid, being forced to sit out games is punishment in anyone's books. If the NFL tries to claim otherwise Doty will first laugh then kick them in the teeth.

 

[Hoofbite]

It would probably be 3 game checks, and the thing is it may be argued in court at some point. An arbitrator ruled against the NFLPA that the exempt list constituted time served, but they never appealed that.

They appealed it (well, they appealed the exempt list being used as a form of suspension), but Doty didn't see a need to make any sort of ruling on it or 2 other complaints. He basically said, "I'm overturning the suspension so addressing these complaints is unnecessary".

I think the exempt list is the bigger hurdle.

 

[Rogah]

even if you are being paid, being forced to sit out games is punishment in anyone's books. If the NFL tries to claim otherwise Doty will first laugh then kick them in the teeth.

A judge can force one party to pay money to another party, but I don't know of any law that says a judge can force a team (or league) to play a guy.

Don't get me wrong; a federal judge can overturn a suspension.... but if the Vikings themselves don't want to play the guy, but they still pay him, then I can't see a judge interfering with that under the current NFL CBA.

 

[Hoofbite]

even if you are being paid, being forced to sit out games is punishment in anyone's books. If the NFL tries to claim otherwise Doty will first laugh then kick them in the teeth.

I don't think the issue of whether or not he has "served" his time through the exempt list will even be brought up.

Hardy, the NFLPA, and the league agreed on the designation.

He can challenge the designation being used as a form of suspension moving forward, but time served on the exempt list wasn't a part of Petersons complaint so it doesn't seem like the NFLPA feels like that's a battle they want to take part in.

 

[Nightman]

A judge can force one party to pay money to another party, but I don't know of any law that says a judge can force a team (or league) to play a guy.

Don't get me wrong; a federal judge can overturn a suspension.... but if the Vikings themselves don't want to play the guy, but they still pay him, then I can't see a judge interfering with that under the current NFL CBA.

I think it was a 'bait and switch' that they pulled with Hardy and Peterson and the Commissioner's List. They made it sound like it would be a quiet way to stay off the front page while getting paid for a few weeks.

All of a sudden it turned into a year long punishment that had to be ruled on independently by Goodell just to be considered for reinstatement. NFL VP Troy Vincent sure made it sound like time on the list would count towards any suspension.

 

[burmafrd]

A judge can force one party to pay money to another party, but I don't know of any law that says a judge can force a team (or league) to play a guy.

Don't get me wrong; a federal judge can overturn a suspension.... but if the Vikings themselves don't want to play the guy, but they still pay him, then I can't see a judge interfering with that under the current NFL CBA.

part of the NFL's arguement is that being paid but not being allowed to play is not considered a punishment. Since Hardy sat out 15 games last year that is something the NFL wants to try and have everyone ignore. Hardy can say I was forced to sit for 15 games last year- who said that cannot be claimed as punishment?

 

[FuzzyLumpkins]

The thing I just don't understand is the guy already missed 15 games, it's just that he was paid for them.

Even if they decided they wanted to suspend him 2 games, hasn't he served the suspension already? Just fine him 2 game cheques and let him return to the field. I don't believe the NFL should be able to suspend him more than 2 games according to prior precedents so that should be the end of it.

That will definitely be taken into consideration if the NFLPA decides to argue it. The court does recognize being prevented from working as a punishment even if all too many in the mob don't.

 

[Rogah]

I think it was a 'bait and switch' that they pulled with Hardy and Peterson and the Commissioner's List. They made it sound like it would be a quiet wa

The teams just wanted those 2 guys to go away because the climate in the country regarding domestic violence last September was pretty hostile.

Suppose I sign a contract with someone where they agree to work for me for a year and I agree to pay them $1 million. But suppose that after a month I change my mind and don't want that person around anymore so I give them their $1 million but tell them to get lost, then that person can't sue to force me to let them do the job they were hired for. (Well, they can sue but they'd lose).

 

[Rogah]

part of the NFL's arguement is that being paid but not being allowed to play is not considered a punishment. Since Hardy sat out 15 games last year that is something the NFL wants to try and have everyone ignore. Hardy can say I was forced to sit for 15 games last year- who said that cannot be claimed as punishment?

As fans we see that as punishment, but the courts won't see it that way (as long as the guy got paid). At the very best they may be able to claim against a loss of future earnings, but that is quite the long shot and I certainly wouldn't bank on it.

 

[Nightman]

The teams just wanted those 2 guys to go away because the climate in the country regarding domestic violence last September was pretty hostile.

Suppose I sign a contract with someone where they agree to work for me for a year and I agree to pay them $1 million. But suppose that after a month I change my mind and don't want that person around anymore so I give them their $1 million but tell them to get lost, then that person can't sue to force me to let them do the job they were hired for. (Well, they can sue but they'd lose).

I don't know about that analogy. A lot of an athletes future pay is based on what they did most recently. Not being allowed to play and being labeled a wrongdoer could be cause for action.

 

[Galian Beast]

They appealed it (well, they appealed the exempt list being used as a form of suspension), but Doty didn't see a need to make any sort of ruling on it or 2 other complaints. He basically said, "I'm overturning the suspension so addressing these complaints is unnecessary".

I think the exempt list is the bigger hurdle.

That is another bad analysis of what happened.

- NFLPA appealed the use of the exempt list to an arbitrator and cited it as an issue in the brief to Doty
- Judge Doty didn't overturn the suspension he vacated the arbitration award and sent it back for further arbitration
- He didn't say the complaints weren't necessary, he kept his decision as narrow as possible for this particular case and in finding that the arbitration was not dutifully performed he didn't even look at the exterior arguments the NFLPA brought up.

Assuming for a second that Henderson accepted Doty's ruling and arbitrated fairly according to the CBA, he could try and award Hardy a 2 game suspension. Hardy and the NFLPA could then still take this to court to have Doty look at the exempt list issue. And this could have been resolved by now had the NFL gone back to arbitration with Peterson on his suspension, because my guess is that ultimately Doty could find that the exempt list isn't a means to circumvent the regular disciplinary process, and that the NFLPA can only take 3 games finding and 2 games suspension in accordance with precedence, and since they've taken the 2 games from Hardy, they could only give him the fine. And they would need to pay Peterson for the 3 games he was forced to miss.

 

[FuzzyLumpkins]

I don't think the issue of whether or not he has "served" his time through the exempt list will even be brought up.

Hardy, the NFLPA, and the league agreed on the designation.

He can challenge the designation being used as a form of suspension moving forward, but time served on the exempt list wasn't a part of Petersons complaint so it doesn't seem like the NFLPA feels like that's a battle they want to take part in.

I'm pretty sure Doty brings up the time on the exempt list and notes it as a punishment in the background of his ruling.

 

[Galian Beast]

As fans we see that as punishment, but the courts won't see it that way (as long as the guy got paid). At the very best they may be able to claim against a loss of future earnings, but that is quite the long shot and I certainly wouldn't bank on it.

That isn't a long shot at all, but the key is games already missed as time served given that it was used as a punishment. And it is clear that it was used in lieu of suspension, because when Peterson asked to be re-instated, they suspended him.

 

[FuzzyLumpkins]

That is another bad analysis of what happened.

- NFLPA appealed the use of the exempt list to an arbitrator and cited it as an issue in the brief to Doty
- Judge Doty didn't overturn the suspension he vacated the arbitration award and sent it back for further arbitration
- He didn't say the complaints weren't necessary, he kept his decision as narrow as possible for this particular case and in finding that the arbitration was not dutifully performed he didn't even look at the exterior arguments the NFLPA brought up.

Assuming for a second that Henderson accepted Doty's ruling and arbitrated fairly according to the CBA, he could try and award Hardy a 2 game suspension. Hardy and the NFLPA could then still take this to court to have Doty look at the exempt list issue. And this could have been resolved by now had the NFL gone back to arbitration with Peterson on his suspension, because my guess is that ultimately Doty could find that the exempt list isn't a means to circumvent the regular disciplinary process, and that the NFLPA can only take 3 games finding and 2 games suspension in accordance with precedence, and since they've taken the 2 games from Hardy, they could only give him the fine. And they would need to pay Peterson for the 3 games he was forced to miss.

Yeah Doty said he didn't have to make a decision on the other issues because the issues he first addressed gave cause to vacate the appeal.