What's next for the NFL off the field
The National Football League is approaching a critical stretch off the field as a labor hearing along with court trials and proceedings are scheduled in the upcoming days and weeks that will address a range of issues for the league and a couple of its players.
Historically, the NFL has faced many court battles over matters such as player free agency and the challenge by the rival United States Football League in the 1980s.
"Those were business cases. These are public cases," said Robert Boland, who teaches sports law and management at New York University. "What's happened more recently is that a lot of these cases have involved attacking the credibility of the league, not kind of the typical millionaires (players) versus billionaires (owners). This sort of goes to the idea that there's some deeper conspiracy out there, and that's certainly harmful in the long run in terms of public trust."
Here is a look at the upcoming cases:
RAY RICE
What happened: In February, Rice and his then-fiancee now wife, Janay Palmer, were both arrested for an altercation in an elevator of an Atlantic City, N.J., casino. Charges later were dropped against Palmer, while Rice's charge was increased to felony aggravated assault. Rice was accepted into a pretrial intervention program for first-time offenders and avoided trial.
The NFL followed and suspended Rice for two games. On Sept. 8, TMZ.com released video of the altercation in the elevator, which showed Rice knocking out Palmer. Rice was released by the Ravens and suspended indefinitely by the NFL the same day.
The NFL Players Association filed an appeal on Rice's behalf, challenging the indefinite suspension.
What's next: On Wednesday and Thursday, the NFLPA will argue Rice was denied due process under the collective bargaining agreement.
He had earlier been suspended two games under the personal conduct policy. Initially, the only video made public showed Rice dragging his unconscious fiancée from the elevator. NFL Commissioner Roger Goodell has said the TMZ showing the punch — was new evidence. What the league knew and when remains an issue.
Goodell will testify at the hearing.
Rice's effort to get back on the field and perhaps receive back pay takes place while the NFL conducts its "independent" investigation of the case, headed by former FBI director Robert Mueller.
A former federal judge will arbitrate the suspension appeal. That is a labor case — not a court matter.
Potential outcome: Boland of NYU likes Rice's chances.
"I think Rice has been triple-punished here when the league constitution forbids double punishment," Boland said. He cites the two-game suspension, the decision by the Ravens to release Rice and the NFL's move to suspend him indefinitely.
Between Rice's initial two-game suspension and subsequent disciplining, Goodell announced a new element to the personal conduct policy – that first-time offenders would get a six-game suspension and repeaters an indefinite suspension of at least one year.
ADRIAN PETERSON
What happened: Peterson, the Minnesota Vikings' star running back, was indicted Sept. 12 by a county grand jury in Conroe, Texas, on a charge of reckless or negligent injury to a child. He allegedly used a switch (tree branch) to beat his 4-year-old son last May in Texas. Peterson said in a statement he "disciplined" his son as he was disciplined as a child, causing injury he "never intended."
The Vikings have placed Peterson on the "exempt/commissioner's permission list." That enabled him to be paid while not playing, pending resolution of the criminal case. After a verdict or plea deal, Peterson would be subject to potential NFL discipline.
What's next: Montgomery County Judge Kelly Case tentatively set a Dec. 1 trial date. Peterson is represented by Houston defense attorney Rusty Hardin. The sides are expected to meet for a pretrial hearing Tuesday.
Potential outcome: Peterson's leverage for a plea could come from the potential that a Texas jury might find him innocent.
"Are they going to believe that his actions were reasonable with regards to a 4-year-old child. … Can a 4-year-old really understand the consequences of what his dad just did to him when he whipped him?" said Sam Cammack III, a criminal law defense attorney in Houston.
"But he is in Montgomery County. People do spank their children out there… I believe that if Rusty (Hardin) gets the right jury in there, then that jury could believe that what Adrian Peterson did was reasonable. … Those people out there believe in corporal punishment with their children. It's the country. It's Southeast Texas."
GREG HARDY
What happened: Hardy, Carolina Panthers starting defensive end, was found guilty in July by a district judge in Charlotte, N.C., on misdemeanor charges of assault on a female and communicating threats in connection with a May incident involving his former girlfriend.
Mecklenburg District Judge Becky Thorne gave Hardy a 60-day suspended sentence and 18 months probation. Hardy exercised his right under North Carolina law to take his case into a jury trial.
Hardy is on the "exempt/commissioner's permission list." Pending the trial verdict, he, too, would face potential NFL discipline.
What's next: Hardy is scheduled to receive a new trial by jury the week of Nov. 17.
Potential outcome: "It's really tough to tell because you're comparing a jury trial to a bench trial (judge's decision)," said Christopher Woodyard, assistant professor at the Charlotte School of Law. "Judges typically are really good at putting aside ancillary or outside issues. … Juries are inherently susceptible to outside influences."
CONCUSSIONS
What happened: Last January, U.S. District Judge Anita Brody denied preliminary approval of a deal that would have included a $675 million monetary award fund for former players. She questioned whether the money was sufficient. In July, after the cap on the money was removed, she gave preliminary approval.
Players and their families had the option to opt out of the settlement and continue their cases. However, multiple groups of former players chose not to opt out but instead filed court objections. They argue the settlement places unfair limits on who would be eligible for compensation.
What's next: On Nov. 19, Brody will hold a hearing on whether to grant final approval to the settlement. The NFL and the lead attorneys for the ex-players view the deal as sufficient. The judge will have the final say.
"The court has its own playbook for managing class action litigation," said Jim Ryan, an employment attorney with the Long Island, N.Y., firm of Cullen and Dykman.
"They look at what the reaction has been since the preliminary approval and see what the objectors have brought forth as to why the settlement is inadequate. A lot of times, just because it was approved at the preliminary stage that does not mean it's going to be approved at the final stage. … The court is going to be very, very in tune to what the objectors are saying."
Potential outcome: Once before, Judge Brody told both sides to rework their agreement. Could she do it again?
"Sure," Ryan said. "The judge could say, 'I think concerns need to be addressed, and we'll adjourn the hearing.'"
Boland of NYU: "I think the settlement will go forward, and those who opt out will probably be told they can pursue their benefits (in court)."