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.