NESBIT SUES STARCAPS MANUFACTURER

Saints guard Jamar Nesbit, who already has been suspended four games for violation of the policy regarding steroids and related substances, has filed suit against the manufacturer of “StarCaps,” a weight loss supplement that allegedly contained Bumetanide — unbeknownst (what a great freaking word that is) to Nesbit.
Nesbit chose not to appeal his suspension.  “Under NFL rules, you are strictly liable for what is in your body,” said his lawyer, Brian Molloy.  “They don’t care how it got there, contaminated supplements or otherwise.  So he did not appeal his suspension and focused his attention on going after the manufacturer of StarCaps.”
His lawsuit attempts to recover $235,294 in lost wages from StarCaps.  Nesbit also wants compensation for damage to his reputation.
Nesbit’s complaint alleges that the manufacturer failed to disclose that the product contains Bumetanide.  A November 2007 entry on the National Center for Biotechnology Information’s web site disclosed that Bumetanide was found in the StarCaps product.
An intriguing twist could come if Nesbit’s teammates (Deuce McAllister, Will Smith, and Charles Grant) are able to beat their suspensions via the appeal process.  If that happens, the manufacturer of StarCaps could argue that Nesbit failed to mitigate his losses by not taking advantage of the available procedure for avoiding the appeal.
In English, Nesbit’s lawsuit could suffer if his three teammates successfully avoid their suspensions, since the StarCaps manufacturer will argue that Nesbit should have filed an appeal, too.

13 responses to “NESBIT SUES STARCAPS MANUFACTURER

  1. Smart move… sue them now, go after them while they still might have assets. If he waited for his fellow violators there likely wouldn’t be enough to go around by the time they got a favorable judgment.
    I really do think these guys got screwed but still they did know what they needed to look for. Maybe they should stick with the approved supplements.

  2. Unbeknownst is a great word. Here’s another good one: betwixt.
    Florio, use this sometime soon.
    Also, nice job of filtering out the legaleese.

  3. While I have no doubt the manufacturer would attempt to dismiss the action on a failure-to-mitigate theory, that theory tends to fail in most jurisdictions where the possibility of mitigation is merely speculative; mere circumstantial evidence that other players’ appeals succeeded would probably be insufficient to prove that Nesbit’s appeal would have succeeded, which StarCaps would need to prove.

  4. I really hate that players are banned from using perfectly legal substances. If the thing is sold without a prescription in reputable stores, then they should be allowed to use it. I understand the Korey Stringer argument, but also consider the effect that even more mass and fat would have on some of these players (like Jackson and Pat Williams), certainly we want them doing their best to cut the amount of fat in their bodies, and if a legal supplement helps them do it, then let them take it. They are adults that should have control over what goes into their bodies; especially considering that they are constantly prodded and checked out by some of the best trainers and doctors that money can buy. I understand the more stringent rules on personal conduct as it makes the entire league look bad (and unfortunately children idolize these men), but I find it outrageous that the NFL has to police their bodies so much; especially since the way they do it implies that they are cheating (with discipline coming from violating the steroids policy), which does more damage to the integrity of the league than getting into a fight outside of a bar or speeding. Keep the patriot act out of the game and let people live their lives.

  5. Bumetanide was detected in StarCaps a year ago. This was posted on some bodybuilding sites at the time. Sounds like a convenient excuse.

  6. “mere circumstantial evidence that other players’ appeals succeeded would probably be insufficient to prove that Nesbit’s appeal would have succeeded, which StarCaps would need to prove.”
    In this case, though, the circumstances are exactly the same, so it seems like a no-brainer. Of course, people without brains are often found on juries, so who knows?

  7. Ah, lawsuits spinning off into more lawsuits on to infinity. Must feel like Christmas, huh Mike?

  8. You gotta love it. Dumbass over there didn’t do his research or take advantage of the NFLPA appeal process and now he wants to sue the maker?
    When you are making that much money and you need to take a supplement, common sense tells you that you need to research it to make sure it doesn’t contain any banned substances.
    I hope the company fights it and counter-sues for damages to their reputation and the possible lost sales they haev incurred during this ordeal.

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