In response to Thursday’s ruling in the pending StarCaps litigation, the NFL has declared that the league has won the case.
Well, most of the case.
“Today’s decision, along with the federal court decisions in this case, properly rejected virtually all of the claims asserted against the NFL’s program on performance enhancing drugs,” NFL spokesman Greg Aiello told us via e-mail. “It further confirmed that the program is operated with integrity and consistent with best scientific practices. We are confident that we will prevail on the remaining two claims.”
Aiello is right. We’ve read the opinion, and in most respects the league has won the case.
Judge Gary Larson found that: (1) the testing program complied with notice requirements under Minnesota law regarding the fact that testing would occur; (2) the testing program complied with the requirement that the employees be given notice of their right to explain positive results; (3) the league did not violate a legal requirement to grant a request for a confirmatory test; (4) the league uses a testing lab that meets or exceeds the requirements of Minnesota law; (5) the league did not violate the prohibition against imposing discipline based on an initial screening without a confirmation test; (6) the league did not retaliate against the players by requiring them to submit to reasonable-cause testing after their positive result for a banned substance; and (7) the league did not violate the Minnesota Consumable Products Act, which protects the use of publicly-available products on an employee’s personal time.
(Hey, you — wake up! The boss is coming.)
But two other important claims remain, and if the players win on one or both of those claims, the suspensions ultimately could be permanently blocked. (We’ll have more on the remaining two claims later today, either here or at SportingNews.com.)
From a broader perspective, it’s hard to call the ruling a win. It’s the latest piece of evidence that the league’s ongoing effort to secure a ruling that the labor agreement overcomes the individual rights created by Minnesota law has failed. Thus, absent a change to the labor deal or a change to the law, the league’s drug-testing program will continue to be subject to employee rights created by state drug-testing laws.
Fly in on a fighter jet and put up a huge “Mission Accomplished” banner over Goodells office door.
Cue the Vikings’ whiners…
As a Packer fan, I’d love to see these guys suspended, but this has gone on long enough. Close the loopholes in the next CBA and move on. I really don’t think either of the Williams sisters is a steroid head.
in the grand scheme of things, this means nothing:
Dan Snyder still has a dark heart
Does your last paragraph create the possibility where players go to certain teams where they can circumvent league rules at a level not possible on other teams?
Boy, it’s a good thing that the Williams wall was able to play all year for the Vikes. It meant they won… uhm, yeah… the NFC North.
Didn’t you say the reason they failed the drug test is because StarCaps began including a banned diuretic in its formula but didn’t disclose that info on the label? If that’s true, shouldn’t the NFL cut them slack for not knowing the diuretic was in the supplement? Won’t StarCaps face some sort of FDA penalty for not disclosing all its ingredients? Can the brothers sue StarCaps?
Why are any over-the-counter supplements on the banned substance list? Diuretics make you feel weak. Why would it be in a football player’s interest to take anything that contains a diuretic?
This is all confusing.
League can declare victory all they want. The Williams’ still havent been suspended and can actually block that suspension. So great…the league won but wont receive a prize.
I just hope that Starcaps can get a new slogan out of all this:
Starcaps…We can help you get to the NFC Championship Game.
I’m all for a policy to catch cheaters and juicers, but none of the players involved in this StarCaps garbage fall into this category. This has continued too far, and the NFL has already smeared its name in the mud. Dragging it along even further can only do permanent damage to the league’s image and show their inability to treat its players fairly and unwillingness to handle their business fairly. They clearly did not have all of their bases covered and had not addressed this particular instance and how it should be handled. Now they basically want to hold the stance that ANY violation should be thrown in with all others and be punished despite any lack of directive on the substance in question.
I don’t believe Vikings and Saints fans are whining – they have a legitimate reason to be frustrated. The longer the No Fair League continues to fight this, the more tarnished their name becomes.
They might as well give up! It’s going to cost more in legal fees than the paychecks missed.
What might have happened if the Viking players just did the right thing and man up to it? Instead, they attempted to hide behind their mother’s skirt and avoid the consequences.
They lost an NFC championship game because they were on the wrong side of karma and now they want to double down and fight the suspensions for next year? Wilf should just step in and announce, the fat boys will be sitting for 4 games and we will follow the same rules as the other 31 teams. While he is at it, he should just cut McKinnie and announce the days of employing felons just because they play left tackle are over. Then he should make Kol Klink take an IQ test and unless he ends up north of 100, he should fire the head coach. (my money is on seeing the chrome dome in the unemployment line) Those actions combined will gain the respect of the rest of the NFL and at least give them a fighting chance to get to the Superbowl. This Starcaps case is going to cost them big time (again) unless they do the right thing.
It doesn’t matter if Kevin and Fat Williams are suspended. It’s not like they’re an important piece of the puzzle for a Super Bowl cntender. After yet another post season choke job, I don’t see how anyone, not even Florio, can take that team seriously.
JimmySmith says:
February 18, 2010 2:42 PM
What might have happened if the Viking players just did the right thing and man up to it? Instead, they attempted to hide behind their mother’s skirt and avoid the consequences.
They lost an NFC championship game because they were on the wrong side of karma and now they want to double down and fight the suspensions for next year? Wilf should just step in and announce, the fat boys will be sitting for 4 games and we will follow the same rules as the other 31 teams. While he is at it, he should just cut McKinnie and announce the days of employing felons just because they play left tackle are over. Then he should make Kol Klink take an IQ test and unless he ends up north of 100, he should fire the head coach. (my money is on seeing the chrome dome in the unemployment line) Those actions combined will gain the respect of the rest of the NFL and at least give them a fighting chance to get to the Superbowl. This Starcaps case is going to cost them big time (again) unless they do the right thing.
——————–
Jimmy…wow…sad little man you are. Check this out, I want to test your math skills.
VIKINGS > packers
Whats that equation say?
Jimmy… I really enjoy reading your posts when I begin to question what a tool you really are you up the ante, write some half baked post, and remove all doubt…
“They lost an NFC championship game because they were on the wrong side of karma and now they want to double down and fight the suspensions for next year?”
The other players involved play for the Saints!
and for AirlineGuy……
Starcaps…We can help you win the Super Bowl.
There, fixed it for you.
Hey Contra – Eventhough you forgot to add the obligatory “Everyone’s afraid of the Vikings and we will rule the world” statement, you actually posted something that is related to the above article. Well done.
Jimmy is a douche, his mom told me. Just another angry Packqueer fan who believes incest is okay and likes having three teeth.
One of the reasons diuretics are included in the banned substance list is because it can be used to mask steroid use…
I’m not saying they also used steroids, just that is one of the main reason diuretics are banned.
@Deb; NFL policy is that players are responsible for what they put into their bodies, no ifs, ands or buts. The players are provided with a list of approved supplements, all made by EAS sports labs (I think Elway and some other ex Broncos have a peice of this company, they made the subsequently banned supplement the Broncos used to be so fresh and fruity after the first half in their ’97 Superbowl win). If you take anything else, made by anyone else, you run a risk. As with all of us, ignorance of the law is no excuse. The reason the Williams boys used Star Caps was to lose weight (Fat Pat has a lawsuit right there). The reason diuretics are banned, and why a player would use them, is to mask steroid use.
@CP21 …
Thanks for answering one of my questions. Diuretics strip fluid and at prescription strength can make you weak, so I couldn’t imagine why a pro athlete would want to take them since they’re usually trying to re-hydrate.
“The league won the case” and yet there is a trial on March 8th to decide the important issues such as the league’s misconduct and whether or not they can claim to be a single entity out of one side of their mouth and yet should in no way be considered as an employer out of the other.
Best guess: The league can claim it won all of the little battles mentioned in the article but in the end they still lose the war.
“Judge Gary Larson found that:…”
I’ve been wondering where he’s been since he stopped making the strip and calendars.
Jimmy and PackerFan enjoy the opportunity presented of peeing in the cup at his employer’s insistence.
Hey, this is the League that’s asking. (Sorry, I meant the Viking). Oh, just pee in the cup.
Maybe Jimmy just likes the fun of just spraying it around. Works in Wisconsin. Folks in Minnesota just have funny laws when it comes to the privacy of their urinary functions.