The complex and convoluted series of legal actions spawned by the 2008 suspensions of multiple players for taking StarCaps, an over-the-counter supplement secretly spiked with a banned diuretic, continues today in Minnesota.
According to Brian Murphy of the St. Paul Pioneer Press, Judge Gary Larson will consider motions for summary judgment of Vikings defensive tackles Pat and Kevin Williams and the NFL regarding the application of Minnesota law to the four-game penalties imposed based on positive drug tests for Bumetanide, the key off-label ingredient in StarCaps.
A “motion for summary judgment” is appropriate where no need exists to use a jury for the purposes of sifting through conflicting evidence. In this case, there’s no dispute regarding the facts of the case — the players took StarCaps, StarCaps contained Bumetanide, and the players tested positive for Bumetanide. The question is whether Minnesota law permits Pat and Kevin Williams to be suspended for a first positive test, and whether Minnesota law allows punishment to be imposed on an employee who uses an over-the-counter substance on his own time.
Among the league’s arguments is that the Vikings, not the NFL, employ the players.
So much for the whole “single entity” thing.
Why can’t someone just make a list of things they are ALLOWED to take so there are no grey areas? I refuse to think that is a bad idea, even if I’m the one who came up with it.
Judge doesn’t have to issue ruling for 90 days — suspensions will occur next year (if at all).
My guess is at some point, Williams’ will be suspended.
I wish the Judge would stop screwing around with this legal crap and get back to drawing “The Far Side”!
remember kids:
Cheat and you team will still get to be a high seed in the NFC
Hey imabigdog, nice catch on the judge’s name. The way this whole thing has been handled it should be written and drawn by a cartoonist, probably in crayon.
As for eric the clone—doesn’t cheating imply doing something against the rules intentionally? Read the article if nothing else. The product didn’t label the questionable ingredient. The league knew about that ingredient but didn’t say anything, not even to tell players not to take the product, because they were afraid that players would then be tempted to take it. (I know, that doesn’t make a lot of sense but that is exactly what the league initially said.)
Bottom line, the players did a stupid thing, even though it was unintentional and in no way intended on their part to mask steroids, etc. They were looking for a powerful diuretic because they have weight clauses in their contracts. Still, it was stupid because the league puts all the potential for problems on the backs of the players by clearly saying that “Players are totally and solely responsible for what they put into their bodies.”
Not so much a question of “cheating” as getting blind-sided by the league and by the company producing that product without meeting their legal obligation to list all effective ingredients.
Hey Clown, how did they cheat? Do either of them really look like they are big steroid users? They are both fat and look out of shape. Take a look at people who have been busted for roids. Merriman, Arod, Sosa, Big Mac…….. they are/were all fit and ripped. Williams boys are fat.
Even as a Packer fan, I have to say this is a pile of crap. There was never any evidence of them using steroids or attempting to mask them, the label didn’t even state that the product contained Bumetanide, and the league never gave any indication that players should avoid StarCaps.
Much as I would like the Vikings to not have the Williamses on the field when we meet them again next season, they didn’t knowingly do anything wrong, and should not be penalized. The league screwed this up, and now they are wasting time and money trying to enforce a rule that did not exist.
@ GoBrowns :
there is a list of the banned ones ….so anything else would be allowed but the Williams boys probably aren’t bright enough to figure that part out…. the StarCaps(diuretics) themselves were written in their contracts that thay were not allowed to use them ….AND they try to paint the picture of how innocent they are
ALSO , shouldn’t the end of the above story read either it’s the “players” argument OR “the NFL,not the vikings” employs the players
something is written wrong in the last part
Pat Williams will be retired before he’s ever suspended.
DC Viking is right, MN state judges have 90 days to issue their orders, and usually take at least 45 days, so the decision won’t impact this seasson. Since the facts applicable to the legal issues in this case are not in dispute, and the law is fairly clear, Larson may very well issue a dispositive order in response to the summary judgment motions. Based upon his prior rulings, also mirrored by the federal court’s legal interpretation in the 3 separate rulings supporting the players’ position, the NFL may be wishing they settled the case when they had a chance.
about the StarCaps debate alot of people keep bringing up:
the judge already ruled in favor of the NFL that the NFL gave these players proper warning …. the only thing that is an issue about suspending the players is the supposed MN state law
Also , steroids has other uses besides adding muscle …. one use is it helps you heal faster from injuries
@ Beer Cheese Soup
You are by far the most intelligent Packer fan on this website.
The NFL needs to give this a rest. This is by far the most rediculous attempt at trying to keep a trial alive that really doesn’t have a chance. The fact that Minnesota employees cannot be punished on the first offence of drug related issues supercedes the NFL’s grand policy. Now, if they want to work something out with the NFL after the NFL loses the case, by all means go for it.
I’m also surprised that this was never brought up before the Williamses. Be it other Viking players, Twins, Wild or the Timberwolves.
Part of what this comes down to is whether or not you can enforce a rule that doesn’t jive with existing law. It is easy for the NFL to say that players agreed to the system and the Williams’ clearly failed to meet the rules they put in place. But if something isn’t enforceable under law then that is that.
blitzed says:
January 14, 2010 9:45 AM
@ GoBrowns :
there is a list of the banned ones ….so anything else would be allowed but the Williams boys probably aren’t bright enough to figure that part out…. the StarCaps(diuretics) themselves were written in their contracts that thay were not allowed to use them ….AND they try to paint the picture of how innocent they are
==================================
From your screen name i must conclude that you are in the bag while typing your post.
You have no clue what’s involved in this and your ignorance is showing bigtime.
Turd
blitzed says:
January 14, 2010 9:45 AM
@ GoBrowns :
there is a list of the banned ones ….so anything else would be allowed but the Williams boys probably aren’t bright enough to figure that part out…. the StarCaps(diuretics) themselves were written in their contracts that thay were not allowed to use them ….AND they try to paint the picture of how innocent they are
————————————————–
The league does provide all players with a list of banned substances. The substance, Bumetanide (sp?) that they tested positive for was on that list. But, the manufacurer of Star Caps did not list it as an ingredient anywhere on packaging or online. The NFL knew it was in Star Caps, but did not tell this to the players for a couple of years. This could have all been avoided if the NFL told all of the players this banned substance was in Star Caps. They just used this to be able to “catch” some players using a “banned substance” so that they could look like they’re doing their part in cleaning up the league of drug users. At least know some of the facts before you bash somebody.
imabigdog says:
I wish the Judge would stop screwing around with this legal crap and get back to drawing “The Far Side”!
—————————————
Classic!
blitzed says: January 14, 2010 9:45 AM
ALSO , shouldn’t the end of the above story read either it’s the “players” argument OR “the NFL,not the vikings” employs the players
something is written wrong in the last part
————–
No it’s not. The NFL is sometimes stating in court that they are a single business that includes all 32 teams (like the case before the supreme court right now), but in other cases (like starcaps) saying that the NFL is really 32 separate competing businesses. They flip flop based upon which option has the best chance to win their case. This behavior is unethical (at best) or illegal.
@gobrowns:
Except that everyday technology moves forward. New products, new list…everyday. not very economical.
The NFL claiming that the players ultimately work for their nation wide organization is a joke. The Vikings organization is based in Minnesota and pays the players their salary.
Under that goofy NFL logic a massive segment of MN workers would not be covered by state law because McDonalds, or XYZ Construction, or *insert company name here* is owned by a larger entity based outside of the state.
Which state do the players file their taxes under? MN. Okay there that goes.
Some of the stuff the NFL tries to spout in this is such junk. They are doing nothing but lose face in all of this. It is unlikely that they will “win” and I am not so sure that winning at this point would be any better than just giving up in the first place.
satanichellcreature:
the judge ruled a few months ago about StarCaps and that the players were given proper warning by the NFL and the only issue at hand is the MN state law about testing ….. if you have NO clue what you’re posting stay off the site…. quit filling others full of B.S. because it seems you are clueless on the facts of what has happened so far and what is going on
sando …..
there’s this thing called the CBA that the players agreed to….all the rules are in there …. they broke one of those rules and also a rule in their signed contract with the team…. the players do work for the NFL….the Vikings are a member of the NFL…. they can go to the cfl then if they don’t want to follow the rules of the NFL
Maybe the knowingly took a substance that was banned but not on the label.
blitzed -
You are correct in that the courts ruled the league had no further obligation in notifying the players about Star Caps. That part of this issue is dead.
However, it is not a “supposed MN state law” they are tussling over, it IS a MN state law. Also, steroids have nothing, I repeat, NOTHING to do with this case. The NFL has acknowledged as much a long time ago. So I guess it doesn’t matter if steroids have healing capabilities now does it?
Finally, the CBA can have all the rules it wants. Both sides can agree to the provisions in the contract, but if it is determined that a condition is not legal under state or federal law, then it’s not enforceable. You can have a contract with your employer, assuming you are gainfully employed, or with another individual, but if the contract contains stipulations that are against the law, it’s not valid. An agreement cannot supersede law. Sorry!
The NFL SHOULD lose this case, and if they were smart, they would have settled a while ago. There are a number of issues here:
1) The NFL flip flops between saying it is one employer vs. 32 employers. The courts have every right to call them out on that and ask they pick one side.
2) Steroids were not involved. The substance is legal, and the NFL had weight loss clauses in their contracts. They took the substance as a part of the weight loss program.
3) You can argue they did not even know that they were taking the substance. The NFL knew it was in StarCaps, but did little of anything to notify the players.
4) The NFL can make all the rules it wants, but it still has to comply with state and federal laws… in this case, state laws. The NFL rule does not comply. I know there are other players involved outside of Minneapolis, but the bottom line is that the NFL will likely not win in the case of the Williamses, nor should they.