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BREAKING NEWS. The Williams's WIN Appeal (1 Viewer)

wow. but huge news for vikes.

Full text of Ruling (38 pages) in PDF Williams vs. NFL

Better Link and details thanks to baconisgood

Kevin, Pat Williams can play this season

By ROCHELLE OLSON, Star Tribune

September 11, 2009

Minnesota Vikings Kevin and Pat Williams won't be barred from playing this season under a ruling today by the U.S. Court of Appeals.

The appeals court affirmed U.S. District Judge Paul Magnuson's rulings in the banned-substance case involving the players.

The two players were suspended for four games each for taking the substance - without their knowledge - they say.

Judge Bobby Shepherd wrote the highly detailed 34-page decision for the panel that also included Judges Duane Benton and Diana Murphy. The decision essentially allows the Williams to play while keeping the remains of the case in Hennepin County District Court where Judge Gary Larson already has said he likely wouldn't force the Vikings defensive tackles into a civil trial during the coming season. He stayed action in his courtroom until the federal court determined whether it has jurisdiction over some of the claims.

While the parties could ask the U.S. Supreme Court to take the case, the court does not have to hear it. The Williamses were suspended for taking the banned substance bumetanide. They filed a lawsuit in state court contending that the NFL's drug-testing procedures violate Minnesota workplace laws, and they asked that a judge void their suspensions. Then the NFL Players Association sued in U.S. District Court on their behalf.

The NFL's attorneys argued that the state claims should be dismissed because the federal courts have jurisdiction over the labor laws that govern its drug-testing program. Magnuson and now the appellate court disagreed. Magnuson also dismissed the union's additional claim that the suspensions violated the players' collective bargaining agreement. Shepherd's decision agreed with that ruling also. The appellate court also agreed with Magnuson sent the Williamses' claims under state law belonged in Hennepin County.

NFL attorney Dan Nash argued last month in court that "this case is about two players who want to invalidate the foundational rule of personal responsibility in the NFL's agreement." The Williamses argued that Minnesota law gives employees an opportunity to explain the innocent use of an otherwise banned product, but the NFL didn't allow them to explain their use of the over-the-counter supplement StarCaps.

Players union lawyer Cliff Greene said that the league and the union don't have the ability "to contract for what is unlawful under state law." He also faulted the league for failing to warn players that bumetanide is contained in StarCaps, even though the league knew that in 2006.

Rochelle Olson • 612-673-1747

© 2009 Star Tribune. All rights reserved.
http://sports.espn.go.com/nfl/news/story?id=4464771
Appeals court rules for Williamses

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Associated Press

MINNEAPOLIS -- A federal appeals court says the NFL can't suspend Minnesota Vikings Pat Williams and Kevin Williams for violating the league's anti-doping policy.

The decision came Friday, two days before the Vikings open the season at Cleveland. The NFL had cleared the two to play Sunday, but the court fight was still pending.

The NFL wanted to suspend the Williamses for four games after they both tested positive for a banned diuretic during training camp in 2008.

They had taken the over-the-counter weight loss supplement StarCaps. It did not state on the label that it contained the diuretic -- which can mask the presence of steroids.

Neither player tested positive for steroids.

Copyright 2009 by The Associated Press
 
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Justice was served. If the NFL wants to ban people they need to be very clear on what is a forbidden substance.

 
1. They can play this season but it doesn't look like they are in the clear

link

The decision essentially allows the Williams to play while keeping the remains of the case in Hennepin County District Court where Judge Gary Larson already has said he likely wouldn't force the Vikings defensive tackles into a civil trial during the coming season.
2. It appears to be a STATE law ruling- meaning it wouldn't have applied to NO (or any other team) players unless they had similar laws
They filed a lawsuit in state court contending that the NFL's drug-testing procedures violate Minnesota workplace laws, and they asked that a judge void their suspensions. Then the NFL Players Association sued in U.S. District Court on their behalf.
 
How long can they appeal this suspension? Put it off last season...put it off this season.....maybe when they r near retirement they will serve it.

 
Justice was served. If the NFL wants to ban people they need to be very clear on what is a forbidden substance.
How is justice served when the Saints players are suspended for the same thing?
Did they pursue their case in court and appeal if they lost? I don't know the details of their case. If they did then I am sorry for them but the important thing is the precedent this sets: namely, the league has a responsibility to notify players of what is banned.
 
How long can they appeal this suspension? Put it off last season...put it off this season.....maybe when they r near retirement they will serve it.
Pat Williams is what, 37? Hes almost there :thumbup: . They won't get another year out of this- it will be settled next offseason.
 
Justice was served. If the NFL wants to ban people they need to be very clear on what is a forbidden substance.
How is justice served when the Saints players are suspended for the same thing?
Did they pursue their case in court and appeal if they lost? I don't know the details of their case. If they did then I am sorry for them but the important thing is the precedent this sets: namely, the league has a responsibility to notify players of what is banned.
I thought that the Saints' DEs already won on (separate) appeal, and are starting this weekend?
 
Justice was served. If the NFL wants to ban people they need to be very clear on what is a forbidden substance.
How is justice served when the Saints players are suspended for the same thing?
Did they pursue their case in court and appeal if they lost? I don't know the details of their case. If they did then I am sorry for them but the important thing is the precedent this sets: namely, the league has a responsibility to notify players of what is banned.
I thought that the Saints' DEs already won on (separate) appeal, and are starting this weekend?
They have a reprieve but not clear if it is permanent or temporary:http://www.nola.com/saints/index.ssf/2009/...ive_ends_w.html

The claim above though that this benefits the Vikes and hurts the Saints appears false at this time.

 
Justice was served. If the NFL wants to ban people they need to be very clear on what is a forbidden substance.
How is justice served when the Saints players are suspended for the same thing?
Did they pursue their case in court and appeal if they lost? I don't know the details of their case. If they did then I am sorry for them but the important thing is the precedent this sets: namely, the league has a responsibility to notify players of what is banned.
:thumbup:That is not what this case is about at all
 
Justice was served. If the NFL wants to ban people they need to be very clear on what is a forbidden substance.
How is justice served when the Saints players are suspended for the same thing?
Did they pursue their case in court and appeal if they lost? I don't know the details of their case. If they did then I am sorry for them but the important thing is the precedent this sets: namely, the league has a responsibility to notify players of what is banned.
:goodposting:That is not what this case is about at all
The players took an over the counter substance. The league KNEW that the substance had a banned drug in it, but did not notify players. I think the league needs to be crystal clear about what is and is not allowed if they are going to ban players, especially since they did know.
 
Justice was served. If the NFL wants to ban people they need to be very clear on what is a forbidden substance.
How is justice served when the Saints players are suspended for the same thing?
Did they pursue their case in court and appeal if they lost? I don't know the details of their case. If they did then I am sorry for them but the important thing is the precedent this sets: namely, the league has a responsibility to notify players of what is banned.
:goodposting:That is not what this case is about at all
And see above: the Saint's players have not served a suspension yet. Their case is still pending.
 
Justice was served. If the NFL wants to ban people they need to be very clear on what is a forbidden substance.
How is justice served when the Saints players are suspended for the same thing?
Did they pursue their case in court and appeal if they lost? I don't know the details of their case. If they did then I am sorry for them but the important thing is the precedent this sets: namely, the league has a responsibility to notify players of what is banned.
I thought that the Saints' DEs already won on (separate) appeal, and are starting this weekend?
They have a reprieve but not clear if it is permanent or temporary:http://www.nola.com/saints/index.ssf/2009/...ive_ends_w.html

The claim above though that this benefits the Vikes and hurts the Saints appears false at this time.
Honestly I have no clue. NO is in Louisiana and the are on a weird law system. (google "naploeonic code" and Louisiana) Every other state (and territory) in the US is based on "common law" (law of england) while Louisiana is based on Napoleonic code (laws of france) so I have no clue what this means there. :shrug:
 
Justice was served. If the NFL wants to ban people they need to be very clear on what is a forbidden substance.
How is justice served when the Saints players are suspended for the same thing?
Did they pursue their case in court and appeal if they lost? I don't know the details of their case. If they did then I am sorry for them but the important thing is the precedent this sets: namely, the league has a responsibility to notify players of what is banned.
:no:That is not what this case is about at all
Um yes it is. But please don't blow up my mailbox. :shrug:
 
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1. They can play this season but it doesn't look like they are in the clear

link

The decision essentially allows the Williams to play while keeping the remains of the case in Hennepin County District Court where Judge Gary Larson already has said he likely wouldn't force the Vikings defensive tackles into a civil trial during the coming season.
2. It appears to be a STATE law ruling- meaning it wouldn't have applied to NO (or any other team) players unless they had similar laws
They filed a lawsuit in state court contending that the NFL's drug-testing procedures violate Minnesota workplace laws, and they asked that a judge void their suspensions. Then the NFL Players Association sued in U.S. District Court on their behalf.
It was a federal court ruling.
 
Honestly I have no clue. NO is in Louisiana and the are on a weird law system. (google "naploeonic code" and Louisiana) Every other state (and territory) in the US is based on "common law" (law of england) while Louisiana is based on Napoleonic code (laws of france) so I have no clue what this means there. :shrug:
We do live in a country where state law is respected. So if the law is different in LA that will affect the outcome of the two states. Is it just? Depends on whether or not you think state's should have the right to make their own laws. For example, there are a couple of states where gays can marry. Other states they can get domestic partnerships. Most states they can't get either. What domestic partnerships means, legally, is different by state. Is that just? In any case, I think the Williams' case will force the NFL to be more clear about all products that are forbidden, which is only fair. And in the long run, this will benefit players in all states.
 
Justice was served. If the NFL wants to ban people they need to be very clear on what is a forbidden substance.
How is justice served when the Saints players are suspended for the same thing?
Did they pursue their case in court and appeal if they lost? I don't know the details of their case. If they did then I am sorry for them but the important thing is the precedent this sets: namely, the league has a responsibility to notify players of what is banned.
I thought that the Saints' DEs already won on (separate) appeal, and are starting this weekend?
:shrug:The NFL chose not to enforce the suspensions pending the outcome of all appeals in the Minnesota case.There were three (3) appeals:1 - The NFL appealed the decision that the Minnesota state law claims (related to work place drug testing) were not pre-empted by the CBA2 - The Williams' appealed the decision that other common law claims were preempted by the CBA (i.e they can no longer pursue those claims)3 - The Union appealed the decision that the NFL acted within the scope of the CBA when they suspended the players (This was teh claim that the NFL shoudl have disclosed that they knew of the banned substance in the StarCaps)The Appellate court affirmed the lower court in each case, which means:1 - The CBA does not pre-empt Minnesota state laws related to work-place drug testing - those claims will now proceed in the Minnesota state court. To prevail, the Williams will have to establish the drug testing policy violated Minnesota state law - no determination on that has been made at any level.2. The Williams' remaining claims have been decided against them - the lowere court had granted summary judgemt to the NFL on that issue - effectively dismissing those claims.3. The lower court had granted summary judgment to the NFL on the issue of how the policy was applied - in terms of notice to players, compliance with the CBA, and the CBA mandated appeal process. This was the only defense raised by the Saints' players - and they lost this at the trial court level, and again on appeal.So, in a nutshell - The NFL acted appropriately as it relates to the CBA. The only remaining issue is whether the drug policy in the CBA meets the requirements of the Minnesota state work-place drug testing laws. If it does not, the Williams will never be suspended. If it does meet the requirements, the Williams will be suspended.
 
How is justice served when the Saints players are suspended for the same thing?
Did they pursue their case in court and appeal if they lost? I don't know the details of their case. If they did then I am sorry for them but the important thing is the precedent this sets: namely, the league has a responsibility to notify players of what is banned.
:thumbdown:That is not what this case is about at all
Um yes it is. But please don't blow up my mailbox. :wall:
Can't make that promise - but I will send advance notice.
 
1. They can play this season but it doesn't look like they are in the clear

link

The decision essentially allows the Williams to play while keeping the remains of the case in Hennepin County District Court where Judge Gary Larson already has said he likely wouldn't force the Vikings defensive tackles into a civil trial during the coming season.
2. It appears to be a STATE law ruling- meaning it wouldn't have applied to NO (or any other team) players unless they had similar laws
They filed a lawsuit in state court contending that the NFL's drug-testing procedures violate Minnesota workplace laws, and they asked that a judge void their suspensions. Then the NFL Players Association sued in U.S. District Court on their behalf.
It was a federal court ruling.
But it was a federal court ruling whether the State or federal law was controlling. Minnesotas state law is obviously favorable to their case, but who knows whether or not the same is true for Louisiana, or any other NFL teams state in the future. (I bet for e.g that GA law on this might go the other way as businesses have been paying off the legislature for years)
 
On ESPN News Schefter reports that "due to discrepancies in Louisiana and Mineesota law" It is likely that the saints players WILL sere their suspensions. stay tuned.

 
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1. They can play this season but it doesn't look like they are in the clear

link

The decision essentially allows the Williams to play while keeping the remains of the case in Hennepin County District Court where Judge Gary Larson already has said he likely wouldn't force the Vikings defensive tackles into a civil trial during the coming season.
2. It appears to be a STATE law ruling- meaning it wouldn't have applied to NO (or any other team) players unless they had similar laws
They filed a lawsuit in state court contending that the NFL's drug-testing procedures violate Minnesota workplace laws, and they asked that a judge void their suspensions. Then the NFL Players Association sued in U.S. District Court on their behalf.
It was a federal court ruling.
I'm definately not a lawyer- but if I recall and understand correctly the decision was weather or not the NFL- as an organization not based in MIN had to obey Min state laws for Min players. That was why it was decided in a federal court system because there were jurisdictional issues involved not just straight legal issues. I could well be wrong on this one though as I am not often the sharpest in interpreting the law.
 
Well, if the state of MN is going to get in the way of what the NFL wants to do, maybe it's finally time to move the team to L.A.

 
I think it's stupid to suspend players for something that can be purchased over the counter.

It's really going way too far, and is probably a violation of their civil rights.

 
The one thing that is troubling is that Minnesota players are being held to a different standard (lesser) than the other players; that is just wrong
The failing is in the CBA, and the loophole should have been accounted for ahead of time. Time for the NFL to go :football: It is a loophole, but the NFL was in the wrong to try and suspend these guys anyway. The NO guys are the ones who're going to suffer for it, sadly, when they were as unjustly targeted as well.

 
The one thing that is troubling is that Minnesota players are being held to a different standard (lesser) than the other players; that is just wrong
Every employee (player) in a different state has different standards. Whether it is income taxes, labor laws, whatever.There is nothing "wrong" with it, just "different". Different states, different laws.

Athletes from Illinois were taxed on 100% of their income from all games played, but also had to pay taxes at ALL the states (and sometimes cities) that they traveled to during the season or for appearances (this might have changed recently as it's been about 4-5 years since I worked in that field). Which is fair, that one state says that the resident employee should pay their taxes in their home state, or that the other states tax the players that travel to play there? (this is referred to as the "Michael Jordan laws"). But some states don't even have income taxes (Texas and Florida) so is that fair? - it's just different and knowing the laws of the state you work in (whether home state or a state you travel to) is extremely important.

It would be the same if two Microsoft employees in Washington claimed employment discrimination would have different laws than two Microsoft employees in Connecticut. (I don't know the laws in those states, but it most likely is different in one form or another).

The NFL is the party that appealed so that this issue about stricter state laws and how it affects collective bargaining agreements could get decided.

This is GOOD because it means the NFL and the NFLPA don't write all the rules, and that the states still have power over their own labor laws.

 
Has anyone seen or heard anything other than Schefters assertion that the saints guys would be suspended. Would actually increase the value of saints offense, as they now have to score more.

 
Justice was served. If the NFL wants to ban people they need to be very clear on what is a forbidden substance.
How is justice served when the Saints players are suspended for the same thing?
Did they pursue their case in court and appeal if they lost? I don't know the details of their case. If they did then I am sorry for them but the important thing is the precedent this sets: namely, the league has a responsibility to notify players of what is banned.
:popcorn: That is not what this case is about at all
The players took an over the counter substance. The league KNEW that the substance had a banned drug in it, but did not notify players. I think the league needs to be crystal clear about what is and is not allowed if they are going to ban players, especially since they did know.
The league is "crystal clear". THe league publishes a list of all approved substances and products. Players who take products not on the list do so at their own risk -- (well until now and unless they play for the Vikings). THe substance that the players took was banned and was on the banned list because it is a masking agent for steroids. They claim it was in an over the counter product that they took and they didn't know. BUT the product was not on the league approved list -- so they took it at their own risk. The league operates a hotline that players can call if they want to take a product but are unsure. While the league suspected that StarCaps contained an illegal masking agent, the list of ingredients published by the manufacturer did not include the banned substance. The NFL was likely in a situation where they risked litigation if they "outed StarCaps". So instead, it was not listed on the approved product list - which was supposed to be the safer way to elimintate the use by players.

This is a terrible result for those who want the same set of rules to apply to all teams in all sports leagues. Now players the remaining teams in every sports league have one set of rules and the Vikings players (as well as Twins and Timberwolves players) have another -- until the Minnnesota Courts rule.

A local Judge in Minnesota who is likely elected by the population (not sure if they are appointed) will ultimately decide if the suspensionn should be upheld. And that case will ultimately be appealed to the State Supreme Court. Until then two sets of rule in every sports league. Fans, players and owners of the other 31 NFL teams (and in all sports) should be upset.

In this case, two Vikings players likely took steroids and masking agents, and they are allowed to play. Anyone else in the league who does that is subject to an immediate 4 game suspension and stiffer penalties if it is a 2nd occassion.

 
While the league suspected that StarCaps contained an illegal masking agent, the list of ingredients published by the manufacturer did not include the banned substance. The NFL was likely in a situation where they risked litigation if they "outed StarCaps". So instead, it was not listed on the approved product list - which was supposed to be the safer way to elimintate the use by players.
So the league considered it banned but was afraid to ban it, and they want the players held responsible for this?
 
In this case, two Vikings players likely took steroids and masking agents, and they are allowed to play. Anyone else in the league who does that is subject to an immediate 4 game suspension and stiffer penalties if it is a 2nd occassion.
Simply posting :cry: would have saved you some effort. :unsure:
 
Yeah, StarCaps is a diuretic. It allowed the Williams' to temporariy flush alot of weight down the toilet so they'll be slim and trim for weigh-in day. The fact that a masking agent was in the pills is almost certainly incidental.

And the ruling doesn't mean Viking's players are not subject to the testing policy. It just means that Minnesota state law requires the NFL to listen to Viking appeals on "innocent use" of banned substances. Tough to say what the threshold is for establishing that use was innocent.

Because the NFL is an interstate organization, I probably would've ruled against giving Minnesota state labor law jursidiction over Federal labor laws. This seems to signify that the entire collective bargaining agreement is subject to all the labor laws of every state containing an NFL team. But I'm not a judge or lawyer, so my opinion maybe misinformed and is certainly inconsequental. And far greater injustices have occurred in court rooms around the world to get to worked up about this.

 
While the league suspected that StarCaps contained an illegal masking agent, the list of ingredients published by the manufacturer did not include the banned substance. The NFL was likely in a situation where they risked litigation if they "outed StarCaps". So instead, it was not listed on the approved product list - which was supposed to be the safer way to elimintate the use by players.
So the league considered it banned but was afraid to ban it, and they want the players held responsible for this?
T Man, Fatness is pointing out something important -- your post seems to contradict itself....

I'd bet a dollar to a doornail that the Saints' guys get off, too. Louisiana's Napoleonic Code does not preclude use of precedent in judicial decisions.

 

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