StarCaps decision expected soon

Last week, it was reported that, if a court decision regarding the fate of the players who tested positive for a banned substance that had been secretly added to an over-the-counter weight-loss supplement wasn’t issued by the end of the day on Tuesday, the players who took StarCaps could not be suspended for Week One.

So logic suggests that, if the NFL doesn’t make a decision by the end of the day on Tuesday as to whether Saints defensive ends Will Smith and Charles Grant will be suspended, they’ll be available for New Orleans’ Week Two game at Philly.

Adam-Chris Scheftersen (that’s the name we’ll use when we can’t remember which one said it) reported last night that a decision is imminent.

The decision still could be that the suspensions won’t be imposed, possibly not until the  remaining Minnesota litigation involving the two Vikings defensive tackles, Pat and Kevin Williams, is resolved — or possibly not ever.

From a legal standpoint, there’s no reason to delay the suspensions of Grant and Smith.  But the league apparently is troubled by the perception that players on different teams will face different consequences for doing the same thing.

The easiest way out for the NFL would be to explain that the suspensions will be held in abeyance until the Minnesota lawsuit is concluded, which would most likely mean that none of the four players will be suspended in 2009.

It also might clear the way for someone to take a chance on free-agent running back Deuce McAllister, who likely has been unable to land with a new team due in part to the belief that he’d have to serve a four-game suspension early in the season.

The best outcome would be a global settlement that comes with an agreement from the NFLPA to make every effort to close the loophole that has allowed the Vikings players to stave off the all of the suspensions (with the exception of Saints guard Jamar Nesbit, who opted to take his medicine for taking his StarCaps last season) for nearly a full year, and counting.

10 responses to “StarCaps decision expected soon

  1. The professors note that often a judge will reveal his decision in the last paragraph of the last page, forcing the reader to wade through page after page of legal prose.
    It’s like reading an Agatha Christie novel’
    One of the tenets taught at the seminars is that an opinion should start with an introduction of the case’s circumstances to orient the readers, followed by the decision and an orderly outline of the issues and legal precedent.

  2. The best outcome would be for the NFL to own up to the fact that they screwed this up.
    They didn’t have this properly covered in the agreement with the players, they didn’t meet their ethical obligation (perhaps legal as well) to notify the players of what they knew about the Star-Caps product, they have proceded from the beginning with an arrogant attitude that they would get their way no matter what, they have already applied unequal penalties because some players have already served suspensions for the same problem.
    They should simply apologize, tighten up their rules, move on, and let us all forget this sorry excuse of business management.

  3. …besides, I’m sure the NFL will have a brand-spanking new scandalous development to deal with by the end of the week.

  4. Nevisyakker,
    I couldn’t agree more.
    There is a deeply fundamental issue here – what kind of blanket policies can the league impose upon players – that can’t be resolved in a quick way without significant risk of the league getting it wrong. They need to have their legal team examine this very closely to see how they can implement a blanket policy without breaking laws. And they’ll need the support of the PA in getting that new agreement in place.
    On the plus side for the league, this issue represents something the league and PA should be able to find agreement on. Maybe if they can find a consensus it will help establish some of that trust needed to build the new CBA. From a perception standpoint the PA will be under pressure here to get something in place because if they don’t they’ll be perceived as being enablers for substance abuse. This is one strike they don’t want against them should the CBA stuff drag out into a PR war. And the league will have turned a fiasco of their own making into something positive. So really, both sides have motivation to close this thing off.

  5. The NFL could have in the beginning , instead of coming across with a reactive, hard line stance, taken a more Proactive stance. They could have issued a statement along the lines off. “5 players have failed the leagues performance enhancing drug policy, It has come to our attention that the ingested substance was Illegally and Unknowingly put there by the makers of the supplement Starcaps. The players, under the provisions provided by the CBA, are responsible knowingly or unknowingly for what they put into their body. Because of the unique circumstances of this case the NFL is currently in contact with the Players Union to determine an appropriate course of action based on the results of our internal investigation” If that approach was taken, I think the League could have still fined or suspended the players, Inform all of the NFL about the banned substance, Plus reinforce it’s Collectivly Bargained Drug Control Policy. I do not think the players would not have pushed the issue or taken it to court had the League painted it as a failure to use League approved suppliments, instead of accusing them of wrong doing. To my understanding the players did not have an issue with a fine or even a suspension. It was the fact that the NFL muddied their names, and portrayed them as “Cheaters”, despite the fact that the substance in question was Unknowingly taken.

  6. Adam-Chris Scheftersen (that’s the name we’ll use when we can’t remember which one said it) reported last night that a decision is imminent.
    I never said that. I’m going to sue your monkey ass for libel. You’d best get yourself a lawyer.

Leave a Reply

You must be logged in to leave a comment. Not a member? Register now!