Judge Doty’s 16 page ruling in the NFLPA’s lawsuit on Adrian Peterson’s behalf against the NFL contains some bombshell statements. This part of Judge Doty’s ruling is particularly stinging:

Moreover, Henderson’s conclusion that the New Policy is consistent with the previous Policy is contradicted by the Commissioner’s own statements in which he acknowledged that the New Policy included “changes” to the Policy. See, e.g., id. Ex. 65, at 1 (“I made a mistake. I’m not satisfied with the process we went through, I’m not satisfied with the conclusions. And that’s why we came out last month and said: we’re going to make changes to our policies. We made changes to our discipline.”); see also id. Ex. 35, at 99:21-100:15.

At the heart of the NFL’s defense was that the Commissioner had great latitude in determining Adrian Peterson’s punishment.

Judge Doty’s ruling didn’t just criticize Commissioner Goodell. It criticized Henderson, too:

The NFLPA next argues that Henderson exceeded his authority by adjudicating the hypothetical question of whether Peterson’s discipline could be sustained under the previous Policy. The NFL responds that the NFLPA submitted that issue to Henderson. The record belies the NFL’s argument. The NFLPA submitted to Henderson “the pure legal issue” of whether the New Policy could be applied retroactively. NFLPA Ex. 122, 21:22-22:24; see also id. Ex. 20, at 4. Nothing in the record supports a finding that the NFLPA asked Henderson to determine whether the discipline imposed was consistent with the previous Policy.

In other words, Harold Henderson tried justifying his decision by saying that the NFLPA asked him to. That isn’t the only time where Judge Doty criticized the NFL’s arbitrator:

Henderson was an NFL executive for nearly two decades and apparently continues on in a part-time capacity, earning $2.5 million in compensation from the NFL since 2009.

This footnote was found at the bottom of Page 8 of Judge Doty’s ruling. This information, by itself, isn’t damning. The fact that Henderson’s ruling sounded like the NFL’s press release, coupled with his less-than-impartial ruling, however, all but state explicitly that Henderson was Commissioner’s self-appointed hatchet man against Adrian Peterson.

ProFootballTalk stated that the NFL hasn’t had a good year in the courts. That’s what happens when a tyrant thinks he has the authority to make the rules up as he goes. That’s what third world dictators get away with. High profile CEOs of major corporations don’t get away with that very often.

2 Responses to “Bombshells from Judge Doty’s ruling”

  • bruce danielson says:

    One cannot change an application of contract post hoc.

    Interesting, somehow both sides must have agreed the “neutral arbitrator” be appointed by the management, not neutrally agreed upon. Strange.

    I strongly agree with Doty’s ruling.

  • Gary Gross says:

    Thanks for that perspective, Bruce.

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