Peterson and Rice cases give Hardy hope

[Galian Beast]

These two situations though not identical give Hardy a lot of precedence and I fully expect that he will play far before week 11.

Both Peterson and Hardy were placed on the NFL Exempt list. And Doty's ruling according to the CBA and the rules that were in place at the time based on conduct can not be ignored.

I know exactly what Goodell is doing here. He knows very well that the suspension won't stand, but he doesn't want to appear as though he didn't take this seriously, so he slammed down a stiff penalty. When an arbitrator or judge decides that that suspension can't stand, Goodell will say that he did his best to stand firm, but that it was out of his hands.

The biggest question marks as it relates to Hardy is

a) Did the NFL even actually suspend Hardy, or did the Panthers, and would that leave room for an additional suspension by the NFL

b) Do multiple incidents play a role here.

I think if you look at Peterson's issue there are a lot of parallels. First it wasn't just one incident, and second it was seen as the league suspending him as they were forced to reinstate him with no further punishment.

The one thing to be sure of is that no 10 game suspension will hold. There is simply no precedence for that amount of games.

For a first time incident there would be a 2 game suspension. And I could see them trying to suspend him for multiple games as a result of multiple incidents, but it would still have to be in accordance with the previous rules, not the new ones.

The 10 games suspension is so uneven that it shows they aren't following the new rules or the old rules.

If they are claiming multiple offenses they should have given him the lifetime ban. They knew that wouldn't hold up either. So if it is only 1 offense, it should have been 6 games, under the new rules, but they've already been told that they can't retroactively use the new rules on old incidents.

My guess is that the suspension itself is thrown out entirely, but worst case scenario he misses 4 games.

 

[Tabascocat]

c. How long will they drag this out?

I am afraid that he will be tied up in legal battles missing close to 10 games anyways

 

[Galian Beast]

c. How long will they drag this out?

I am afraid that he will be tied up in legal battles missing close to 10 games anyways

It only took Peterson three months to win his appeal. I believe with that precedent, Hardy's should be even faster. On top of that nothing goes into effect until the regular season, so we actually have a lot of time.

My guess is he doesn't miss any games at all.

 

[Tabascocat]

I sure would like to know the timetable on the future hearings, or deadlines I should say.

 

[speedkilz88]

I believe they strongly encouraged Hardy to "voluntarily" go on to the Commissioner's Exempt List. They don't call it a suspension since they still get paid. With Peterson, as soon as he took a plea deal they changed it to a suspension without pay.

 

[tyke1doe]

I don't think anyone associated with this case - even Goodell himself - actually believes Hardy will serve a 10-game suspension.

 

[Galian Beast]

I believe they strongly encouraged Hardy to "voluntarily" go on to the Commissioner's Exempt List. They don't call it a suspension since they still get paid. With Peterson, as soon as he took a plea deal they changed it to a suspension without pay.

And yet it is effectively the same thing. If I'm speaking to an arbitrator, I say, if you want to fine him for a duration of games to match up with what Peterson was charged, then that is one thing. Peterson was placed back on the exempt list.

The reality is that both Peterson and Hardy would have only been suspended two games under the previous policy and only after being convicted. So Peterson would have missed 2 games, and Hardy would not have.

Going further even under the new policy, the suspensions would be a maximum of 6 games. The NFL knows that the new rules are heavier than the old rules, and yet they still tried to suspend him 10 games... It was a senseless show of being firm on the issue after years of not caring at all. Under neither the new rules or the old rules does this suspension make any sense.

There is no space between offense 1 and 2 that suggests 10 games.

Any arbitrator who was being fair and lawful would throw out the suspension altogether.

 

[Galian Beast]

I don't think anyone associated with this case - even Goodell himself - actually believes Hardy will serve a 10-game suspension.

Goodell has been overturned 3 times when it comes to this. This will make a fourth.

 

[LittleBoyBlue]

It only took Peterson three months to win his appeal. I believe with that precedent, Hardy's should be even faster. On top of that nothing goes into effect until the regular season, so we actually have a lot of time.

My guess is he doesn't miss any games at all.

From 10 to 0? Really? Ok great.


But... If peterson became a cowboy ... Could the retroactively give him a x-amount of games suspension?




Lol

 

[Galian Beast]

From 10 to 0? Really? Ok great.


But... If peterson became a cowboy ... Could the retroactively give him a x-amount of games suspension?




Lol

It's not about finding middle ground, it is about proper execution of the collective bargaining agreement.

Facts

1. They can not suspend a player under new rules when the rules were created after the event. See Doty
2. Under the previous rules a player could be suspended two games for violating conduct if convicted. (I'll have to look into why Big Ben was able to be suspended)

 

[speedkilz88]

I still think Doty rules that the max under the previous rules was 2 games. And still leave the punishment up to Goddell as long as he adheres to the max.

 

[robjay04]

b) Do multiple incidents play a role here.

I think if you look at Peterson's issue there are a lot of parallels. First it wasn't just one incident, and second it was seen as the league suspending him as they were forced to reinstate him with no further punishment.

What are the other incidents? I was under the impression that there was only one but maybe I am mistaken.

 

[Galian Beast]

I still think Doty rules that the max under the previous rules was 2 games. And still leave the punishment up to Goddell as long as he adheres to the max.

And Hardy will argue that he was already suspended a year.

 

[Galian Beast]

What are the other incidents? I was under the impression that there was only one but maybe I am mistaken.

They are claiming 4 different incidents.

 

[speedkilz88]

They are claiming 4 different incidents.

Well they broke it up into 4 incidents. It was the same incident in reality.

 

[Galian Beast]

Well they broke it up into 4 incidents. It was the same incident in reality.

They've made a lot of mistakes here, and I don't think they think it will hold up. It was a move to save face.

 

[Fletch]

It only took Peterson three months to win his appeal. I believe with that precedent, Hardy's should be even faster. On top of that nothing goes into effect until the regular season, so we actually have a lot of time.

My guess is he doesn't miss any games at all.

Mara just wizzed himself.

 

[speedkilz88]

Has anyone seen Bates Motel? I watched the latest episode last night and there was a "fight" between Norma and Sherriff Romero. Reminded me of the Hardy case.

 

[Galian Beast]

Mara just wizzed himself.

I'm starting to think that the worst case scenario is a 2 game suspension.

 

[erod]

The more I look at this, the more I can't fathom this being more than two games according to the rules at the time.

The key is how the appellate judge rules the number of incidents. That's the foggy part of this.

My gut is four games in the end.