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

[Rogah]

If he had played the rest of the season after only facing a two game suspension, and say he makes the pro bowl again at the end of the year, someone would have signed him long term, to think otherwise is silly. Just as after this year in Dallas he will get his long term deal somewhere.

I agree, but in the scenario you painted above his suspension was over and done with. In the real world, we all knew punishment was pending and that hurt his marketability. So again it comes back to he idea that his value decreased based on his own actions.

 

[Stash]

Paperwork filed by the NFLPA, which has been posted online, presents three arguments in support of a finding that the NFL essentially showed up in court wearing a suit jacket not made out of some sort of cloth. Two of the contentions relate to Peterson. The third relates to the 10-game suspension imposed since Judge Doty’s ruling on Cowboys defensive end Greg Hardy.

http://profootballtalk.nbcsports.co...-suspension-as-evidence-of-contempt-of-court/

I think this is the clearest challenge yet to the league's gross mishandling of player conduct and I think the league is going to get hit hard by the courts on this one.

I believe that Hardy's suspension will not only be greatly reduced from the ridiculous 10 games, but possibly eliminated entirely.

 

[Rogah]

Your analogy doesn't apply, IMO, because in the example you gave, the worker would be free to go elsewhere and ply his talents. In the cases of Hardy and Peterson, they could not. They had no choice but to sit and rust. Extended inactivity for an NFL player can certainly impact their future earnings potential.

Adrian Peterson is perfectly free to go elsewhere outside the NFL if he wants.

IIRC, he is still under contract for 2 more years and I've heard nothing about him being cut, so how have his earnings been impacted?

 

[phildadon86]

I'm not a law student. Can someone explain this to me please? Lol

 

[CashMan]

I'm not a law student. Can someone explain this to me please? Lol

I am not either, but in the last few days, this is the 3rd one filed? Brady, Peterson, now Hardy. I would assume, they are tired of the NFL, being the judge, jury and executioner, but maybe I am wrong.

 

[LandryFan]

Adrian Peterson is perfectly free to go elsewhere outside the NFL if he wants.

IIRC, he is still under contract for 2 more years and I've heard nothing about him being cut, so how have his earnings been impacted?

But Peterson's trade (for the time being) is in the NFL, not outside of it and I'm pretty sure they could successfully argue that their earnings potential is greater in the NFL than outside of it. It's his NFL earnings potential that is potentially being impacted. In Peterson's case, if he remains with Minn and finishes his career, then his earnings won't have been impacted, in all likelihood. That doesn't necessarily apply to Hardy or any other player that find themselves in a similar scenario.

 

[Nation]

I'm not a law student. Can someone explain this to me please? Lol

US District Court Judge David Doty ruled in February that the league made an error suspending Peterson under the new personal conduct policy. This case has been sent to arbitrator Harold Henderson, who has still not issued a new ruling. The NFL had the option to seek a judicial stay pending appeal, but instead chose to just ignore Judge Doty's order like it didn't exist.

What this filing is attempting to do is:

• Prevent the NFL from holding players in "disciplinary limbo" by attempting to delay hearings (which effectively extends punishment lengths)
• Insure that the NFL applies the punishment to Peterson under the old policy, not the new policy
• Insure that the NFL applies the punishment to Greg Hardy under the old policy, not the new policy.

 

[gmoney112]

And it should be treated as such. In most professions, most employment attorneys could argue it's, quite simply, unlawful or discrimination. /

I'm also not sure how much it helps the case, but his new contract is based basically on pay per play. The amount of money to be lost could definitely be "injury", based on murky company policy and discounting the Court's decision completely.

 

[burmafrd]

from everything I have heard the NFL is legally on very shaky ground with a lot of what it claims.


BUT I have no sympathy for the Union and Smith since they are the ones that signed off on the current CBA. They got taken to the cleaners by the owners and the union still reelected Smith.

 

[Galian Beast]

US District Court Judge David Doty ruled in February that the league made an error suspending Peterson under the new personal conduct policy. This case has been sent to arbitrator Harold Henderson, who has still not issued a new ruling. The NFL had the option to seek a judicial stay pending appeal, but instead chose to just ignore Judge Doty's order like it didn't exist.

What this filing is attempting to do is:

• Prevent the NFL from holding players in "disciplinary limbo" by attempting to delay hearings (which effectively extends punishment lengths)
• Insure that the NFL applies the punishment to Peterson under the old policy, not the new policy
• Insure that the NFL applies the punishment to Greg Hardy under the old policy, not the new policy.

Doty ruled that the arbitrator did not follow the CBA in his ruling, he did not however rule that the NFL made an error in suspending peterson. His only comment on the length was that it does not seem to fit under the previous policy, and that the arbitrator should recognize that.

 

[Nation]

Doty ruled that the arbitrator did not follow the CBA in his ruling, he did not however rule that the NFL made an error in suspending peterson. His only comment on the length was that it does not seem to fit under the previous policy, and that the arbitrator should recognize that.

Right, as I said he made an error in suspending him under the new personal conduct policy (not the previous policy)

 

[Galian Beast]

Right, as I said he made an error in suspending him under the new personal conduct policy (not the previous policy)

Doty didn't suspend Peterson he upheld Peterson's suspension. There is a huge difference.

People really need to understand the arbitration process.

Doty didn't rule in any way against the league directly, he ruled against Henderson and his duty as the arbitrator.

 

[Rogah]

But Peterson's trade (for the time being) is in the NFL, not outside of it and I'm pretty sure they could successfully argue that their earnings potential is greater in the NFL than outside of it.

I think we can all agree that's likely the case. (the part about him earning more in the NFL than anywhere else)

But the NFL is essentially treated as 1 entity, not 32 separate ones. Peterson can go be a lawyer if he wants, but he can't just pick up and go to the Jaguars.

 

[Fritsch_the_cat]

I have no sympathy for the NFL because this is a mess of their own making.

 

[burmafrd]

Doty didn't suspend Peterson he upheld Peterson's suspension. There is a huge difference.

People really need to understand the arbitration process.

Doty didn't rule in any way against the league directly, he ruled against Henderson and his duty as the arbitrator.

IF it comes down to it that will certainly be in his decision - especially since the NFL seems to be thumbing their nose at him

 

[Galian Beast]

That's another typo -- I meant Henderson not Doty.... Sloppy the last couple days.

 

[Galian Beast]

IF it comes down to it that will certainly be in his decision - especially since the NFL seems to be thumbing their nose at him

I think he will crucify them.

 

[FuzzyLumpkins]

Adrian Peterson is perfectly free to go elsewhere outside the NFL if he wants.

IIRC, he is still under contract for 2 more years and I've heard nothing about him being cut, so how have his earnings been impacted?

Your perfectly free to look up trust and monopoly law. You have been educated to this point before.

 

[LandryFan]

It seems as if the player can say no. Pretty sure all parties agree to the designation.



http://www.nfl.com/news/story/0ap3000000396161/article/panthers-greg-hardy-to-be-put-on-exempt-list

It just states that he chose that "option". I'm curious as to what his other option(s) was/were. It might have been suspension or being cut...would be nice to know the alternative he had.

 

[Nightman]

It just states that he chose that "option". I'm curious as to what his other option(s) was/were. It might have been suspension or being cut...would be nice to know the alternative he had.

I think they were told it was temporary solution to a PR problem and led to believe it would count as time served. I doubt anyone would agree to this again.

Even after Peterson won on appeal, the League refused to remove him from the list. It became a de facto indefinite suspension for something that was previously 2 games. Even though Hardy's suspension has been announced, he still has to report to the Commish to be removed from the list.

Ray McDonald did not go on the list and continued playing. The first case was eventually dropped and the League never did anything to him. When the second charge came the Niners released him, but the League still never acted. He has since signed with CHI.