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StarCaps appeal moves forward

On the same day that the Minnesota Vikings are getting their quarterback for the 2009 season, the question of whether their two starting defensive tackles will be available for the first four games is closer to being resolved.

Per the Minneapolis Star Tribune, oral arguments were scheduled for this morning in the U.S. Eighth Circuit Court of Appeals in St. Paul, the same city into which Brett Favre arrived earlier this hour.

At issue is the May 22 decision of Judge Paul Magnuson, a federal jurist who decided that the claims made by Kevin and Pat Williams under Minnesota drug-testing laws supersede the Collective Bargaining Agreement between the NFL and the players union.

If the three-judge panel on the Eighth Circuit agrees with Magnuson, the state-court case will continue, and the Williamses will be able to play until the litigation is resolved.

If the Eighth Circuit disagrees, the state-court case will be scuttled.  Barring the intervention of the U.S. Supreme Court on an emergency basis, both players will serve four-game suspensions arising from the ingestion of StarCaps, an over-the-counter supplement that secretly had been spiked with a banned substance.

It previously has been reported that the Eighth Circuit plans to issue a final decision before the start of the NFL regular season.

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7 Responses to “StarCaps appeal moves forward”
  1. ☻☼CBS, FOX, ESPN, NFLN nbc says: Aug 18, 2009 1:11 PM

    BRETT! BRETT! BRETT! BRETT! BRETT! BRETT! BRETT! BRETT! BRETT! BRETT! BRETT!

  2. Mullester says: Aug 18, 2009 2:11 PM

    With those two out the niners will easily beat them sweet.

  3. zeakman says: Aug 18, 2009 2:34 PM

    I hope they get suspended early because we pretty much have four bye weeks to start the season.

  4. purpleguy says: Aug 18, 2009 3:20 PM

    You sure the suspensions won’t be postponed pending an appeal to the US Supreme Court? Hell, I heard it takes a year for the Supreme Court to even rule on whether review of an appeal will be granted. If the Appellate panel kicks out a decision in 30 days that would be about 14 months earlier than is typical.

  5. Whododrums says: Aug 18, 2009 4:29 PM

    Unless there is some element involving Constitutional laws the U.S. Supreme Court will never hear anything about this case because it’s not the job of the court in charge of deciding the Constitutionality of laws to make any type of decision on two fat-ass linemen trying to get out of punishment from the NFL.

  6. Mullester says: Aug 18, 2009 4:42 PM

    With those two out the niners will easily beat them sweet.

  7. jimicos says: Aug 18, 2009 4:52 PM

    Yes, Mullester. There’s a lag. It sucks, but Florio won’t change it.

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