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Williams boys OUT for the VIkes...Open Season? (2 Viewers)

Vikings sign KennedyDecember 3rd, 2008 – 2:52 PM by Judd ZulgadThe Vikings signed defensive tackle Jimmy Kennedy to fill one of the roster spots vacated by Pat and Kevin Williams, who have been suspended for four games by the NFL for violating the league’s steroid policy.Kennedy, 6-4, 320 pounds, had most recently been with the Jacksonville Jaguars. He was released on Nov. 24, a day after the Jaguars lost 30-12 to the Vikings. Kennedy was not active for that game. He entered the NFL as the 12th overall pick of the St. Louis Rams in 2003 and spent four seasons with the team. He had a career-high three sacks in 2005 but has only four for his career.Kennedy was traded by the Rams to Denver and spent training camp in 2007 with the Broncos. He joined Chicago for the final three games of last season.
Ironic that they sign Kennedy, since many (myself included :shock: ) wanted the Vikings to take Kennedy instead of getting Kevin Williams!
 
From PFT:

JUDGE RULES IN FAVOR OF WILLIAMS AND WILLIAMSPosted by Michael David Smith on December 3, 2008, 7:28 p.m.Minnesota Vikings defensive tackles Pat Williams and Kevin Williams have won a big victory in their efforts to avoid being suspended by the National Football LeagueKSTP-TV in Minneapolis is reporting that Judge Gary Larson has issued a temporary restraining order against the NFL. That means, for now, that Williams and Williams should be allowed to play Sunday. The Williamses said they were heading straight from the courthouse to the Vikings’ practice facility.However, this is far from over. KSTP reports that another hearing is expected in the next few days.
 
I guess it looks a little bleak for the Vikes...

http://blogs.startribune.com/vikingsblog/?p=2229

The situation involving Vikings defensive tackles Pat and Kevin Williams, along with the four other players suspended today by the NFL for violating the league’s steroid policy, isn’t over. According to a people with knowledge of the situation, all six will apply for an injunction in U.S. District Court on Wednesday. This action has been expected since news first broke that a group of players faced four-game bans for using a diuretic that can serve as a masking agent for steroids.

This process could move quickly. The Williamses’ request for a preliminary injunction could go before a judge as early as Wednesday afternoon, and a decision could be made in the same day, according to Rick Ross, an employment and labor attorney for Fredrickson and Byron of Minneapolis.

But Ross went on to say that it’s “generally an uphill battle” for employees to gain a preliminary injunction in the federal courts. The primary standard, he said, is that employees have to show irreparable harm, which is difficult.

Other players suspended today included New Orleans’ Charles Grant, Deuce McAllister and Will Smith and Houston’s Bryan Pittman.
This opinion from a Fredrickson and Byron attorney just floors me. I would say the 'irreperable harm' element of their petition is very easy to meet, since players are being deprived in an ability to play the final 4 games of a season during a playoff drive.That should be a piece of cake to establish. What they won't be able to establish is an entirely different element: Likelihood of success of their case on its merits. There's no way they can meet that. All the good facts they have on their side are basically useless from a legal standpoint. Under the policy a player is strictly liable for taking any product that is not listed on the safe list. Yes, the NFL Dr. probably should have informed the FDA of his findings. Yes, it may have made sense for the league to give a heads up that StarCaps was tainted with a prohibited substance. Those facts are seemeningly irrelevant. The Vikings players will need to prove that the league did something contrary to the collective bargaining agreement in imposing penalty here, and the league apparently did not owe the responsibilities that might have taken the players off the hook for taking the chance they took.As far as impact to the Vikes, I'd predict a 1-3 record over the last 4 games. First off, that's typically how they close a season anyway. Second, even Detroit is no cupcake when they beat Detroit 12-10 earlier this season at full strength, benefitting from a very questionable call. They will get blown out by Atlanta, and will probably lose to Arizona and NY if those teams have eons to pass the ball.
I highlighted the part that has a completely different legal meaning than is getting covered here. Players play football for their job. They get paid to perform their job. The "harm" element is that being suspended deprives them of their pay. Their pay can be recovered if they win their case, so there really is no 'irreperable harm'.Put another way, if you worked at a company and had to do an annual yearend inventory count and were suspended without pay, you would have a tough case selling a court that you really wanted to do the inventory count and had to be reinstated because it was something you wanted to do. The main issue was getting your pay, not what your job functions enabled you to do.

In this case, the games can be played without a couple of players, so it's not like the entire team was suspended and the game had to be forfeited. In that case, the 'irreperable harm' would be that the team could not even field a team and they had to forfeit. The court can evaluate at a later date if the players in question shuold have been paid and then order the league to make sure they get paid for the time they missed.

I doubt they get an injunction, because I think they also have to present a case that stands a reasonable chance of winning (which I don't see haoppening).

 
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From PFT:

JUDGE RULES IN FAVOR OF WILLIAMS AND WILLIAMSPosted by Michael David Smith on December 3, 2008, 7:28 p.m.Minnesota Vikings defensive tackles Pat Williams and Kevin Williams have won a big victory in their efforts to avoid being suspended by the National Football LeagueKSTP-TV in Minneapolis is reporting that Judge Gary Larson has issued a temporary restraining order against the NFL. That means, for now, that Williams and Williams should be allowed to play Sunday. The Williamses said they were heading straight from the courthouse to the Vikings’ practice facility.However, this is far from over. KSTP reports that another hearing is expected in the next few days.
I still will believe when I see it.
 
From PFT:

JUDGE RULES IN FAVOR OF WILLIAMS AND WILLIAMSPosted by Michael David Smith on December 3, 2008, 7:28 p.m.Minnesota Vikings defensive tackles Pat Williams and Kevin Williams have won a big victory in their efforts to avoid being suspended by the National Football LeagueKSTP-TV in Minneapolis is reporting that Judge Gary Larson has issued a temporary restraining order against the NFL. That means, for now, that Williams and Williams should be allowed to play Sunday. The Williamses said they were heading straight from the courthouse to the Vikings’ practice facility.However, this is far from over. KSTP reports that another hearing is expected in the next few days.
I still will believe when I see it.
Man, I hope they play. I have the Vikings D, Peterson, Longwell, and Shiancoe on my team, though I am not starting the TE.
 
David Yudkin said:
FFdork said:
From PFT:

JUDGE RULES IN FAVOR OF WILLIAMS AND WILLIAMSPosted by Michael David Smith on December 3, 2008, 7:28 p.m.Minnesota Vikings defensive tackles Pat Williams and Kevin Williams have won a big victory in their efforts to avoid being suspended by the National Football LeagueKSTP-TV in Minneapolis is reporting that Judge Gary Larson has issued a temporary restraining order against the NFL. That means, for now, that Williams and Williams should be allowed to play Sunday. The Williamses said they were heading straight from the courthouse to the Vikings’ practice facility.However, this is far from over. KSTP reports that another hearing is expected in the next few days.
I still will believe when I see it.
Agreed. This seems like a local yokel judge making a ruling so that all of the Vikings fans that elected him don't vote him out the next time around. This didn't even really have any business in a state court. My guess is that the NFL will take it to a federal court and get it overturned fairly easily.
 

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