Hardy Suspension Reduced to 4 Games
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Yeah I don't see the harm in Hardy appealing it. I actually think he has a good chance of a judge reducing it more. Regardless a judge isn't going to increase the suspension amount.
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Cowboys, Greg Hardy end up in best possible position after appeal
Todd Archer, ESPN Staff Writer
IRVING, Texas -- It might have taken longer than anybody could have expected, but Harold Henderson’s decision to reduce Greg Hardy's suspension from 10 games to four on Friday is the best possible outcome for the Dallas Cowboys.
Anybody claiming victory, however, should tread lightly because of what happened that night between Hardy and his then-girlfriend, Nicole Holder, even if the case was thrown out of court because of Holder’s refusal to cooperate with the district attorney.
But from a football perspective, this helps the Cowboys.
Hardy’s initial 10-game suspension was almost like an 11-game suspension because of the short week between playing the Miami Dolphins on Nov. 22 and the Thanksgiving meeting against Hardy’s old team, the Carolina Panthers. It would have been nearly impossible for him to get ready to play for a large amount of snaps after 10 weeks of inactivity with three light days of practice before playing.
The Cowboys signed Hardy knowing there would be punishment for his actions that led him to being placed on the commissioner’s exempt list last season. To some, 10 games might have been too much, but publicly the Cowboys said they trusted the commissioner’s judgment. Privately they wondered if they would get much impact from Hardy in six games.
Now they get at least 12 games to see what he can do. Hardy could continue to press the case via the court system if he chooses to seek further reduction.
Jerry and Stephen Jones, Jason Garrett, Rod Marinelli and teammates praised Hardy’s work in the offseason. Jerry Jones said Hardy’s work ethic was contagious. Garrett and Marinelli appreciated the effort he showed on and off the field.
He gives the Cowboys something they don’t have: a true pass-rushing threat. Jeremy Mincey might have led the Cowboys with six sacks last year, but he doesn’t create a mismatch like Hardy. They like the potential of DeMarcus Lawrence and rookie Randy Gregory, but they have yet to prove what they can do at this level.
Hardy has 27 sacks in his last 32 games. The Cowboys had 28 sacks last year as a team.
Instead of missing four of the six games against NFC East foes, Hardy will now be eligible to play in four of the six -- a game each against the New York Giants and Philadelphia Eagles and both contests against the Washington Redskins.
Instead of missing games against Eli Manning (twice), Matt Ryan, Drew Brees, Tom Brady (perhaps), Russell Wilson, Jameis Winston and Ryan Tannehill, he will miss just one game against Manning as well as Ryan and Brees. He could see Brady on Oct. 11 if the New England Patriots quarterback has his suspension reduced by commissioner Roger Goodell.
Hardy won’t be the only starter the Cowboys welcome back on Oct. 11. Rolando McClain is eligible to return that week from a four-game suspension for violating the league’s substance abuse policy.
Having their best pass-rusher (Hardy) and their most productive defender in 2014 (McClain) return would be a boost to a defense that was respectable last season despite being patchwork. Add that to Sean Lee's return from a knee injury that cost him the 2014 season and it can change the dynamic of the Cowboys.
No longer would they need the offense to shoulder most of the burden the way it did last year.
That’s why the reduction to four games is such a win for the Cowboys on the field.
Todd Archer, ESPN Staff Writer
IRVING, Texas -- It might have taken longer than anybody could have expected, but Harold Henderson’s decision to reduce Greg Hardy's suspension from 10 games to four on Friday is the best possible outcome for the Dallas Cowboys.
Anybody claiming victory, however, should tread lightly because of what happened that night between Hardy and his then-girlfriend, Nicole Holder, even if the case was thrown out of court because of Holder’s refusal to cooperate with the district attorney.
But from a football perspective, this helps the Cowboys.
Hardy’s initial 10-game suspension was almost like an 11-game suspension because of the short week between playing the Miami Dolphins on Nov. 22 and the Thanksgiving meeting against Hardy’s old team, the Carolina Panthers. It would have been nearly impossible for him to get ready to play for a large amount of snaps after 10 weeks of inactivity with three light days of practice before playing.
The Cowboys signed Hardy knowing there would be punishment for his actions that led him to being placed on the commissioner’s exempt list last season. To some, 10 games might have been too much, but publicly the Cowboys said they trusted the commissioner’s judgment. Privately they wondered if they would get much impact from Hardy in six games.
Now they get at least 12 games to see what he can do. Hardy could continue to press the case via the court system if he chooses to seek further reduction.
Jerry and Stephen Jones, Jason Garrett, Rod Marinelli and teammates praised Hardy’s work in the offseason. Jerry Jones said Hardy’s work ethic was contagious. Garrett and Marinelli appreciated the effort he showed on and off the field.
He gives the Cowboys something they don’t have: a true pass-rushing threat. Jeremy Mincey might have led the Cowboys with six sacks last year, but he doesn’t create a mismatch like Hardy. They like the potential of DeMarcus Lawrence and rookie Randy Gregory, but they have yet to prove what they can do at this level.
Hardy has 27 sacks in his last 32 games. The Cowboys had 28 sacks last year as a team.
Instead of missing four of the six games against NFC East foes, Hardy will now be eligible to play in four of the six -- a game each against the New York Giants and Philadelphia Eagles and both contests against the Washington Redskins.
Instead of missing games against Eli Manning (twice), Matt Ryan, Drew Brees, Tom Brady (perhaps), Russell Wilson, Jameis Winston and Ryan Tannehill, he will miss just one game against Manning as well as Ryan and Brees. He could see Brady on Oct. 11 if the New England Patriots quarterback has his suspension reduced by commissioner Roger Goodell.
Hardy won’t be the only starter the Cowboys welcome back on Oct. 11. Rolando McClain is eligible to return that week from a four-game suspension for violating the league’s substance abuse policy.
Having their best pass-rusher (Hardy) and their most productive defender in 2014 (McClain) return would be a boost to a defense that was respectable last season despite being patchwork. Add that to Sean Lee's return from a knee injury that cost him the 2014 season and it can change the dynamic of the Cowboys.
No longer would they need the offense to shoulder most of the burden the way it did last year.
That’s why the reduction to four games is such a win for the Cowboys on the field.
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Cowboys DE Greg Hardy's suspension reduced to 4 games, but dispute might not be over
By DAVID MOORE
An arbiter has reduced Greg Hardy’s suspension from 10 to four games, the NFL announced Friday afternoon, but the dispute with the Dallas Cowboys defensive end might not be over.
Harold Henderson, the former NFL executive appointed by Roger Goodell to hear Hardy’s appeal, sliced six games off the commissioner’s original ruling.
It is unclear if Hardy will fight the ruling for further reduction. Hardy and his representatives previously have indicated they will challenge any suspension beyond two games, the punishment outlined by the league at the time of the incident before it was amended.
Hardy's agent, Drew Rosenhaus, said the plan is to discuss the next move with Hardy, his lawyers and the NFLPA. They are still considering further legal action.
In an emailed statement, Cowboys owner Jerry Jones sad: “We are looking forward to the start of the season and having Greg be a part of the team."
Henderson is the same person who upheld the commissioner’s punishment on Minnesota running back Adrian Peterson last season, a case that eventually wound up in court before Peterson was reinstated by the league.
If Hardy returns after four games, he will be eligible to play for the Cowboys' Week 5 game against the Patriots.
Jan Langbein, the CEO of Dallas' Genesis Women's Shelter, said she was disappointed but not surprised by the decision.
She questioned why the punishment should change if the incident has not.
"Four-game suspension is what is given for questions about ball inflation," Langbein said, referring to the suspension given to the New England Patriots' Tom Brady. "Clearly in this situation, wins are more important than women."
Goodell informed Hardy of his ruling in a letter in April. He told the Pro Bowl defensive end that the league’s extensive two-month investigation “determined that there was sufficient credible evidence that Hardy engaged in conduct that violated NFL policies in multiple respects and with aggravating circumstances.’’
The letter went on to inform Hardy that the investigation concluded that Hardy used physical force against his former girlfriend, Nicole Holder, in at least four instances that included placing his hands around her neck and applying enough pressure to leave visible marks, shoving her against a wall and throwing her on a futon covered with at least four semi-automatic rifles.
“The net effect of these acts was that Ms. Holder was severely traumatized and sustained a range of injuries, including bruises and scratches on her neck, shoulders, upper chest, back, arms and feet,” commissioner Goodell wrote in the letter. “The use of physical force under the circumstances present here, against a woman substantially smaller than you and in the presence of powerful, military-style assault weapons, constitutes a significant act of violence in violation of the Personal Conduct Policy.”
Goodell stated in his view, the length of the suspension was appropriate under any version of the personal conduct policy or its predecessors.
The NFL Players Association requested a neutral arbiter, just as it did last year when Goodell appointed Henderson to hear Adrian Peterson’s appeal. Henderson upheld that ruling, but the court then ordered the league and the union to go through the appeals process. Peterson was subsequently reinstated by the league.
Hardy’s appeal focused on the argument that the punishment doesn’t fit what was outlined by the personal conduct policy at the time of the incident.
A judge did find Hardy guilty of domestic violence in July of 2014 and gave him 18 months probation after suspending a 60-day jail sentence. But Hardy and his attorney appealed, asking for a jury trial in a superior court. Charges were dismissed earlier this year when prosecutors were unable to locate the accuser, Holder, who failed to appear in court.
By DAVID MOORE
An arbiter has reduced Greg Hardy’s suspension from 10 to four games, the NFL announced Friday afternoon, but the dispute with the Dallas Cowboys defensive end might not be over.
Harold Henderson, the former NFL executive appointed by Roger Goodell to hear Hardy’s appeal, sliced six games off the commissioner’s original ruling.
It is unclear if Hardy will fight the ruling for further reduction. Hardy and his representatives previously have indicated they will challenge any suspension beyond two games, the punishment outlined by the league at the time of the incident before it was amended.
Hardy's agent, Drew Rosenhaus, said the plan is to discuss the next move with Hardy, his lawyers and the NFLPA. They are still considering further legal action.
In an emailed statement, Cowboys owner Jerry Jones sad: “We are looking forward to the start of the season and having Greg be a part of the team."
Henderson is the same person who upheld the commissioner’s punishment on Minnesota running back Adrian Peterson last season, a case that eventually wound up in court before Peterson was reinstated by the league.
If Hardy returns after four games, he will be eligible to play for the Cowboys' Week 5 game against the Patriots.
Jan Langbein, the CEO of Dallas' Genesis Women's Shelter, said she was disappointed but not surprised by the decision.
She questioned why the punishment should change if the incident has not.
"Four-game suspension is what is given for questions about ball inflation," Langbein said, referring to the suspension given to the New England Patriots' Tom Brady. "Clearly in this situation, wins are more important than women."
Goodell informed Hardy of his ruling in a letter in April. He told the Pro Bowl defensive end that the league’s extensive two-month investigation “determined that there was sufficient credible evidence that Hardy engaged in conduct that violated NFL policies in multiple respects and with aggravating circumstances.’’
The letter went on to inform Hardy that the investigation concluded that Hardy used physical force against his former girlfriend, Nicole Holder, in at least four instances that included placing his hands around her neck and applying enough pressure to leave visible marks, shoving her against a wall and throwing her on a futon covered with at least four semi-automatic rifles.
“The net effect of these acts was that Ms. Holder was severely traumatized and sustained a range of injuries, including bruises and scratches on her neck, shoulders, upper chest, back, arms and feet,” commissioner Goodell wrote in the letter. “The use of physical force under the circumstances present here, against a woman substantially smaller than you and in the presence of powerful, military-style assault weapons, constitutes a significant act of violence in violation of the Personal Conduct Policy.”
Goodell stated in his view, the length of the suspension was appropriate under any version of the personal conduct policy or its predecessors.
The NFL Players Association requested a neutral arbiter, just as it did last year when Goodell appointed Henderson to hear Adrian Peterson’s appeal. Henderson upheld that ruling, but the court then ordered the league and the union to go through the appeals process. Peterson was subsequently reinstated by the league.
Hardy’s appeal focused on the argument that the punishment doesn’t fit what was outlined by the personal conduct policy at the time of the incident.
A judge did find Hardy guilty of domestic violence in July of 2014 and gave him 18 months probation after suspending a 60-day jail sentence. But Hardy and his attorney appealed, asking for a jury trial in a superior court. Charges were dismissed earlier this year when prosecutors were unable to locate the accuser, Holder, who failed to appear in court.
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While I certainly don't feel sorry for Hardy, I think he has a valid point. If the standard punishment for charges such as his was 2 game suspension at the time of his incident, the NFL shouldn't have the right to grandfather his case into the new personal conduct policy.
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It was pointed out in another article that he could still fight the suspension and then sit out the four games. Then if it isn't reduced he has still served the suspension and not risk losing more important games later in the season.
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Correct, so there is no good reason for him not to at least try to get it reduced further in federal court.
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Taking a look at Greg Hardy’s options
Posted by Mike Florio on July 11, 2015, 11:57 AM EDT
Now that arbitrator Harold Henderson has reduced the 10-game suspension imposed on Cowboys defensive end Greg Hardy by Commissioner Roger Goodell to four games, the question becomes whether Hardy will continue the fight.
Before Henderson’s ruling, Hardy was fully committed to fighting anything more than a two-game suspension. Now that he has picked up six games through an internal appeal process that many expected to result in a rubber-stamping of Goodell’s decision, the analysis changes a bit.
So let’s consider Hardy’s options. With numbers and stuff.
1. Do nothing.
Hardy can accept the four-game suspension, which means he’d show up for training camp and the preseason, exit the team for four weeks, return on the Monday after the Week Four game against the Falcons, and get ready to face the Patriots (who may or may not have Tom Brady) in Week Five.
2. Sue and seek a preliminary injunction.
Hardy and the NFLPA believe that the suspension should have been only two games under the Personal Conduct Policy that applied in May 2014, when the incident between Hardy and his ex-girlfriend occurred. Henderson’s convoluted ruling seemed to pick four games out of thin air, obtusely pretending that the NFL didn’t change the Personal Conduct Policy in the aftermath of the Ray Rice case.
The argument is fairly simple: Rice got two games for knocking out his then-fiancée. Under that standard, the Hardy and the NFLPA can argue in federal court that he should have gotten the same thing.
Given that Henderson took 43 days to reach a ruling that could have been issued a lot sooner than that, Hardy and the NFLPA now have limited time to get a ruling on his availability for the third and fourth games of the season before Week Two ends. Which means that the lawsuit could be accompanied by a motion for preliminary injunction, aimed at allowing Hardy to return and play after missing two games, pending the outcome of the court case.
There’s precedent for such a maneuver. Several years ago, Vikings defensive tackles Kevin and Pat Williams obtained a preliminary injunction when fighting their suspensions in the StarCaps case. (Ultimately, Pat Williams retired before the litigation ended and the suspension was implemented.) Under the notion that players who miss games can never go back and play those games if the suspension is later scrapped, a court could rule that Hardy should be permitted to serve two games and defer the next two games until his challenge is resolved.
The risk would be that the challenge would be resolved at an inopportune time for Hardy, like in January as the Cowboys prepare to chase postseason glory — and as Hardy prepares to make a high-profile closing argument for a gigantic contract on the open market. Or perhaps the case wouldn’t be resolved at all during the 2015 season, which would put the two-game suspension over Hardy’s head as he tries to get a new deal.
Which makes option three more attractive.
3. Sue and don’t seek a preliminary injunction.
Hardy can sue without seeking the right to play pending the outcome of the lawsuit. So he could challenge the suspension, serve the full four games if the case isn’t resolved by the middle of September, and thereafter continue to pursue compensation for the two extra games he missed.
If Hardy is thinking about not fighting the suspension at all, this is the nothing-to-lose version of that same approach. He’d still miss the games, but he could make the money, prove his point, and yet again show that the NFL consistently overreaches when it comes to disciplining players.
4. Sue, seek a preliminary injunction, and settle.
If Hardy is going to sue, there’s no reason not to seek a preliminary injunction — even if he’d rather miss Week Three and Week Four in lieu of having a two-game suspension hanging over him over the balance of the season (or after the season, which would make him less attractive on the open market).
The pursuit of a preliminary injunction has value from a settlement perspective. If Hardy makes a strong case for being permitted to play pending the outcome of the case, and if the judge makes it clear at the hearing on the motion for preliminary injunction that the judge is inclined to let Hardy play while the case proceeds, Hardy could then try to settle the case, using the potential for a court order allowing him to play as leverage to get a better deal.
Whatever the approach, a decision is expected early this week. If a lawsuit is going to be filed, the paperwork could be put together fairly quickly. The only question is where the NFLPA would choose to file the suit.
Posted by Mike Florio on July 11, 2015, 11:57 AM EDT
Now that arbitrator Harold Henderson has reduced the 10-game suspension imposed on Cowboys defensive end Greg Hardy by Commissioner Roger Goodell to four games, the question becomes whether Hardy will continue the fight.
Before Henderson’s ruling, Hardy was fully committed to fighting anything more than a two-game suspension. Now that he has picked up six games through an internal appeal process that many expected to result in a rubber-stamping of Goodell’s decision, the analysis changes a bit.
So let’s consider Hardy’s options. With numbers and stuff.
1. Do nothing.
Hardy can accept the four-game suspension, which means he’d show up for training camp and the preseason, exit the team for four weeks, return on the Monday after the Week Four game against the Falcons, and get ready to face the Patriots (who may or may not have Tom Brady) in Week Five.
2. Sue and seek a preliminary injunction.
Hardy and the NFLPA believe that the suspension should have been only two games under the Personal Conduct Policy that applied in May 2014, when the incident between Hardy and his ex-girlfriend occurred. Henderson’s convoluted ruling seemed to pick four games out of thin air, obtusely pretending that the NFL didn’t change the Personal Conduct Policy in the aftermath of the Ray Rice case.
The argument is fairly simple: Rice got two games for knocking out his then-fiancée. Under that standard, the Hardy and the NFLPA can argue in federal court that he should have gotten the same thing.
Given that Henderson took 43 days to reach a ruling that could have been issued a lot sooner than that, Hardy and the NFLPA now have limited time to get a ruling on his availability for the third and fourth games of the season before Week Two ends. Which means that the lawsuit could be accompanied by a motion for preliminary injunction, aimed at allowing Hardy to return and play after missing two games, pending the outcome of the court case.
There’s precedent for such a maneuver. Several years ago, Vikings defensive tackles Kevin and Pat Williams obtained a preliminary injunction when fighting their suspensions in the StarCaps case. (Ultimately, Pat Williams retired before the litigation ended and the suspension was implemented.) Under the notion that players who miss games can never go back and play those games if the suspension is later scrapped, a court could rule that Hardy should be permitted to serve two games and defer the next two games until his challenge is resolved.
The risk would be that the challenge would be resolved at an inopportune time for Hardy, like in January as the Cowboys prepare to chase postseason glory — and as Hardy prepares to make a high-profile closing argument for a gigantic contract on the open market. Or perhaps the case wouldn’t be resolved at all during the 2015 season, which would put the two-game suspension over Hardy’s head as he tries to get a new deal.
Which makes option three more attractive.
3. Sue and don’t seek a preliminary injunction.
Hardy can sue without seeking the right to play pending the outcome of the lawsuit. So he could challenge the suspension, serve the full four games if the case isn’t resolved by the middle of September, and thereafter continue to pursue compensation for the two extra games he missed.
If Hardy is thinking about not fighting the suspension at all, this is the nothing-to-lose version of that same approach. He’d still miss the games, but he could make the money, prove his point, and yet again show that the NFL consistently overreaches when it comes to disciplining players.
4. Sue, seek a preliminary injunction, and settle.
If Hardy is going to sue, there’s no reason not to seek a preliminary injunction — even if he’d rather miss Week Three and Week Four in lieu of having a two-game suspension hanging over him over the balance of the season (or after the season, which would make him less attractive on the open market).
The pursuit of a preliminary injunction has value from a settlement perspective. If Hardy makes a strong case for being permitted to play pending the outcome of the case, and if the judge makes it clear at the hearing on the motion for preliminary injunction that the judge is inclined to let Hardy play while the case proceeds, Hardy could then try to settle the case, using the potential for a court order allowing him to play as leverage to get a better deal.
Whatever the approach, a decision is expected early this week. If a lawsuit is going to be filed, the paperwork could be put together fairly quickly. The only question is where the NFLPA would choose to file the suit.