The StarCaps supplement case involving Kevin Williams and Pat Williams is and always has been a court battle. While last season it started out as a heated discussion of whether or not allegedly faulty labeling on a diuretic bottle would derail the Vikings season on the field, it has blossomed (or degraded) into employees' rights issues and now, in my opinion, is just a discussion for lawyers in front of judges that is even further removed from football than it ever was. Now that the Federal court has ruled on the side of the NFL in all but two claims in the players' lawsuit against the league, the whole idea of did they know or didn't they has been resolved.
The facts of the matter are that on May 22, U.S. District Judge Paul Magnuson dismissed a lawsuit brought by the NFL players association and also threw out all but two claims filed by the Williamses in a separate suit. The two claims are going back to state court and Hennepin County District Judge Gary Larson.
In response, lawyers for the NFL filed the motion on Tuesday, May 26, with the Eighth Circuit Court of Appeals, to appeal the decision to return those two claims to the state court. The NFL would like those two claims thrown out, its application of policies against banned substances sustained and the Williamses' suspensions upheld. So, in short order, we had one lawsuit thrown out, two claims sent forth and a new motion introduced. Sounds like a lot more work for lawyers to me.
As a result, speculation for when this next round will take place has begun, and it has been said to be anywhere from soon to this coming December, which could allow the players to play another season before being suspended (if that is how it would turn out). According to Mike Florio of ProFootballTalk.com and a lawyer, the ball is just getting rolling:
"The notice of appeal merely activates the process; under normal circumstances, a final ruling on the appeal won’t be issued for months. However, the league might seek an expedited review, since the remaining claims have been sent back to state court and, presumably, will be pursued aggressively by the lawyer representing the players."
Given that one of the principles in the case, former New Orleans running back Deuce McAllister, is not currently on a team right now (and may not be again), who knows if the ruling will be completed by the time any of the players are still playing the game. Dragged on long enough with more appeals and motions, Pat Williams, who will be 37 in October, may have moved on himself.
The bottom line is that the NFL's stance that it has a system in place that notifies the players of banned substances and the players are ultimately responsible for what goes in their bodies was upheld by Magnuson's ruling. Therefore, the Williamses were found to be wrong to ingest the supplement with the banned substance (Bumenitide) in it--even if they did it unwittingly. A suspension is warranted and should be forthcoming.
The two claims going back to state courts have more to do with an employee's rights relevant to their employers and less to do with what originally happened, in my opinion. In fact, according to Florio, those claims were an afterthought to the original issue: "The initial lawsuit filed on behalf of the players, we’re told, did not include claims under the Minnesota Drug and Alcohol Testing in the Workplace Act, or under the Minnesota Consumable Products Act. Instead, those claims were added only after the case was removed by the league from Minnesota state court to Minnesota federal court."
So that means to this layman that after lawyers got involved, the scope of the issue expanded and the case will ultimately take longer to resolve. These final issues will be pursued with vehemence by both sides, as initial reasons for the case in the first place are still on the table: the Williamses still have a lot of money at stake in the loss of four games, and the NFL wants to retain the rights to enforce their policies.
It's good news, I guess, for Vikings fans, as the longer the issue drags on, the chances increase for the Williamses to play this season. It's also bad news as it signals the protraction of another distraction in this offseason already laden with them.
Ultimately, it is no longer a matter of did they know or didn't they, the courts have decided they should have. Now it is a matter of, will they play or won't they, and we will have to let the lawyers discuss that for a while longer. Let them discuss it, I say, but let the rest of the world get back to discussing football.
Comments
Joe Oberle, legal reporter, good to have a divesre resume.
Are we going to weigh in on Sir Francis shots @ dare I say it lest we get another Farve article?
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