dfosterf
16 years ago
Here is the 23 page ruling by Judge Magnuson:

MEMORANDUM AND ORDER Civil No. 08-6255 (PAM/JJG) 
dfosterf
16 years ago
Here are the parts of the two relevant documents as enumerated in the Judge's orders 1-5 on page 23 that are available to the public.

Civ. No. 08-6254 08-6255 
dfosterf
16 years ago
Remember Judge Gary Larson?

He is known (fondly, it appears...lol) as just "Judge Gary" at P.P.O.

They seem quite pleased. Too bad not one of them has actually read the Federal Order...they might not be so inclined, imo.

P.P.O. Suspensions Blocked 

They seem to think everything is practically good to go.

I say that the Williams' wall is crumbling faster than most know.
dfosterf
16 years ago
Many people confused the temporary injunctions with actual findings of the court. Those TRO's caused much alarm, consternation and speculation. This was not confined to the forums and sports columnists.

For example, a Sports attorney weighed in on 08-6254 and 08-6255:

Minnesota Judge flags NFL for illegal procedure 

Note that both the author and I are referring to the Federal cases, not the State Kangaroo court.

The above article reflects some of that alarm.

My opinion is that the Federal Judge did a pretty good job for a Viking fan.

All of the restraining provisions placed upon the NFL at the Federal level have been lifted.

Specific liability ruled.

:thumbleft:
dfosterf
16 years ago
So where are we, you might ask.

State court, right?

Wrong. At least in the operative sense.

That Eighth Circuit Court of Appeals...Federal.

July 22 is the operative day. The State judge (Larson) is going to rule on 2 things. One...should the case be referred to the Federal Appeals court without a hearing by him at all on the merits, and Two, should he lift the State TRO preventing the NFL from suspending the players.

Andrew Brandt NFP-- Williams' Case status 

What about the State case and "Judge Gary"

It is important to note that the Federal Judge remanded to the State, not deferred to it. He rendered an opinion that he couldn't rule on State statutory law. He easily could have, and the Eighth District court will be addressing this specifically.

The NFL has also simultaneously filed in the Eighth District Federal Appeals court, in the event that things head south for them in Judge Gary's courtroom on the 22nd. No court date is known at this time.

14 allegations by the players and the NFLPA are largely gone. My personal opinion is that the judge threw them a very crappy bone.
dfosterf
16 years ago
So what happens if the Eigth District Court of Appeals decides to let the state decide, seems pretty clear that the NFL CBA is in violation of Minnesota State Law, right?

Not so fast. Even there the NFL has some remedies and/or arguments.

Starcaps saga continues 

Here is the July 9 update from the same website that refers to the above article in it's body.

LINK 

More on the Pat and Kevin Williams Suspensions and the Star Caps Saga
As you might recall, five NFL playersKevin and Pat Williams of the Minnesota Vikings and Charles Grant, Deuce McAllister, and Will Smith of the New Orleans Saintswere suspended for four games last year after testing positive for bumetanide, a diuretic that can be used to mask the presence of steroids. The players claimed that they inadvertently ingested the bumetanide when they took StarCaps, an over-the-counter weight-loss supplement. Bumetanide is not listed as an ingredient in StarCaps, but the players proved that bumetanide was present in the StarCaps they consumed.

The players lost their internal appeal to the NFL, and after a series of legal maneuverings in state court, the players challenged the suspension in federal court in Minnesota. Judge Paul Magnuson granted a preliminary injunction blocking the suspensions until a full trial could be held. That trial was scheduled for June 15th in St. Paul, Minnesota. In late May, however, Judge Magnuson ruled on the parties summary judgment motions. Judge Magnuson rejected most of the players arguments on preemption grounds, but remanded the players state law claims so that a Minnesota state court determine whether the NFLs drug policy violates Minnesota state law (the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA) and the Minnesota Consumable Products Act (CPA)).

Today, that Minnesota state courtHennepin County District Judge Gary Larson issued a temporary restraining order to prevent the NFL from suspending the WIlliamses or from subjecting them to reasonable cause drug testing until the completion of a trial on the merits. As I discussed here, the NFL does have a plausible argument that their policy complies with Minnesota state law. And, Judge Larson was less than enthusiastic about the chances of the Williamses winning on the merits, noting that they face some obstacles in overcoming issues of fact to prevail on their statutory claims, and conceding only that the Williamses had made at least some showing as to the likelihood of prevailing on the merits. Nevertheless, Judge Larson granted the restraining order because of the irreparable harm the Williamses would suffer if they were not permitted to play. Judge Larson noted that [c]ourts have found that the loss of NFL playing time is sufficient to constitute irreparable harm, and that in this case, because the NFL playing season is relatively short, [the Williamses] would suffer a significant loss of playing time without the TRO."

The NFL, of course, hopes that Judge Larson never gets to reach the merits of the case. Instead, the NFLs primary (and strongest) argument is that the state law claims are preempted and should not even be considered by the state court. In short, the NFL is arguing that federal labor law permits the NFL and the NFL Players Association to maintain a national drug policy that applies equally to all 32 NFL teams and their employees throughout the United States. The NFL policy is designed to protect its employees and sets up procedures to ensure safe and fair drug testing. Thus, the NFL is arguing that any suits brought under state laws designed to provide similar protection for employeessuch as DATWA and CPA should be preempted.

The NFL therefore filed an appeal with the Eighth Circuit seeking to overturn Judge Magnusons decision to remand the state claims back to Judge Larson. The NFL has also asked Judge Larson to stay his TRO (and the entire state court proceeding) until the Eighth Circuit has ruled on the NFLs appeal. In other words, the NFL is asking Judge Larson to wait to rule on this case until the Eighth Circuit has decided whether or not Judge Larson can even consider the case. In todays order, Judge Larson agreed to hold a hearing to determine the appropriateness of a stay on July 22, 2009.

More to come as this case unfolds

-- Posted by Gabe Feldman @ 7/09/2009 07:05:00 PM -- Comments (0) -- Post a Comment

dfosterf
16 years ago
There.

You are now up to date on the matter.

:wav:
dfosterf
16 years ago
Other leagues, Doping agency will be filing with court to assist NFL 

I'm betting Amicus Curiae  briefs.

Some more firepower to knock down the Williams' wall, at least their legal case.
dhazer
16 years ago
To be honest i am surprised the 2 sides aren't just trying to make some kind of agreement like maybe a 2 game suspension but not at the same time.
Just Imagine this for the next 6-9 years. What a ride it will be 🙂 (PS, Zero should charge for this)
UserPostedImage
Orygunfan76
16 years ago
I also heard Solomon Wilcox say something like, apparently the NBA, MLBA and NHL are all going to bat for the NFL against the Williams cheaters.
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