dfosterf
16 years ago
Williams' wall in Judge Gary's court this morning 

This is the State hearing.

Of important note is the news that the 8th District Circuit Court of Appeals (Federal) has expedited the case and agreed to hear it on August 18th.
Nonstopdrivel
16 years ago
Wow, I just finished reading the 23-page decision. If I had more than a few minutes of internet time, I'd provide my analysis of it, but I think it's obvious the Williams are ultimately going to lose this case. The Court dismissed all but a narrow slice of their case -- and declined to take jurisdiction over the remaining claims to boot.
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dfosterf
16 years ago
Non-

Always interesting to read what was actually said, instead of reading what someone said was said. The reporting of this case is a classic example.

Here is the update. I used Florio, because it is as accurate as anyone else's, and has a tinge of lawyer-humor, and who doesn't like that?

PFT- Williams' and NFL squablle over timing of trial 

NFL, Williamses squabble over timing of StarCaps trial
Posted by Mike Florio on July 23, 2009 7:33 AM ET
I hoped to mention before leaving for the Wednesday night Green Day show in Pittsburgh (Florio Jr.'s first concert) the Wednesday development in the pending state-court litigation in the two-tiered StarCaps case.


Hennepin County judge Gary Larson (not Gary Larsen of the Vikings but possibly Gary Larson of The Far Side) said he'll decide by August 7 whether to stay the case attacking the suspensions of Vikings defensive tackles Kevin and Pat Williams under two Minnesota statutes pending the resolution of the appeal of the federal ruling sending the statutory claims back to Judge Larson.

But the federal case is scheduled to be argued on August 18, and the St. Paul Pioneer Press reported Wednesday that a decision in the federal case will be rendered before the start of the 2009 regular season.

So, basically, we're only talking about a delay of roughly a month beyond the day two weeks from now when Judge Larson will decide whether to wait that additional month.

Under the circumstances, it makes no sense to push the state-court case forward.

But the NFL apparently is trying to have the state-court action tried during the regular season, if the federal appeal fails.

"There's no reason there can't be a trial during the regular season," NFL lawyer Joseph Schmitt told the Pioneer Press. "The Williamses are not any different from [plaintiffs] in an employment case and shouldn't receive any special treatment."

It sounds to us as if the NFL wants to have it both ways, avoiding a resolution of the state-court case before the regular season in the hopes that the federal appeal will go its way and then pressing for a resolution promptly thereafter, regardless of whether it requires the Vikings players to miss valuable practice time in preparation for a regular-season game.

Said attorney Peter Ginsburg, who represents the Williamses: "It is fundamentally unfair to have a trial during the season."

Frankly, we're not so sure that it is, primarily because we're not so sure a trial is even needed.

The facts of this case aren't disputed. Thus, there's no apparent reason for a jury to sift through the details and determine who's telling the truth. Instead, it seems as if Judge Larson can rule on the case merely by applying the relevant Minnesota statutes to the facts of the case, possibly with a jury trial at a later date to determine any award of monetary damages.

In other words, there's likely no need for a trial.

Still, the two sides are fighting over that detail. Primarily because that's what lawyers do; they fight over anything and everything, either because they simply like to fight or because they wish not to be perceived as being averse to fighting.


dfosterf
16 years ago
OK, yesterday there was some other news in Minnesota, so this one is flying under the radar. The only comments regarding what happened in that courtroom are from one of the Williams'.

Chance of being suspended 1st four games, according to him?

50-50.

LINK 

The three-judge panel indicated it would rule before the NFL regular season begins Sept. 10.

"I'm prepared for the worst and prepared for the good," said Pat Williams, who estimated his chances at avoiding suspension at "50-50."

"It's up to the system. Everything's on them. I'm at ease with it. My family's at ease with it. Whatever happens happens."

4PackGirl
16 years ago
cool - which means it's acutally 70/30 since they don't want to admit there's a snowballs chance in hell they're getting suspended.

'duh let's make it look good - let's say 50/50 - yeah that'll work'
16 years ago
It would seem borderline idiotic to me that a state can determine the ruling for a case like this where the profession is national.
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Formo
16 years ago

It would seem borderline idiotic to me that a state can determine the ruling for a case like this where the profession is national.

"MassPackersFan" wrote:



Love them loopholes, eh? lol

I just wish they were suspended last year, and got this crap done and over with. At this point, I don't care if they are 'innocent' or not. I'm just wanting this to be done with.

Oh, and I noticed this tiny little article as well, dfoster. Amazing we caught it in the Favre mass yesterday.
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dfosterf
16 years ago

It would seem borderline idiotic to me that a state can determine the ruling for a case like this where the profession is national.

"Formo" wrote:



Love them loopholes, eh? lol

I just wish they were suspended last year, and got this crap done and over with. At this point, I don't care if they are 'innocent' or not. I'm just wanting this to be done with.

Oh, and I noticed this tiny little article as well, dfoster. Amazing we caught it in the Favre mass yesterday.

"MassPackersFan" wrote:



I forget. Were you saying you wanted that suspension last year...last year? I might have to go one over to PPO and do a little archive work, lol lol lol

In fairness--as you can see, I have done quite a bit of work on this, but want to remind you that I did not think it fair that they incur this suspension...Just want that out there... I have also said I wanted them suspended, and according to the rules they should be---

That is not fairness...that is both the rules AND my respect (fear) for the two big boys. Of course I would be happy to say (and have said) I want your team "hitting on all cylinders" when we beat them. I would just like to know in advance that we are going to win if I am forced to stick with that position, lol

Otherwise, suspend their cheatin' asses. LOL
Formo
16 years ago

It would seem borderline idiotic to me that a state can determine the ruling for a case like this where the profession is national.

"dfosterf" wrote:



Love them loopholes, eh? lol

I just wish they were suspended last year, and got this crap done and over with. At this point, I don't care if they are 'innocent' or not. I'm just wanting this to be done with.

Oh, and I noticed this tiny little article as well, dfoster. Amazing we caught it in the Favre mass yesterday.

"Formo" wrote:



I forget. Were you saying you wanted that suspension last year...last year? I might have to go one over to PPO and do a little archive work, lol lol lol

In fairness--as you can see, I have done quite a bit of work on this, but want to remind you that I did not think it fair that they incur this suspension...Just want that out there... I have also said I wanted them suspended, and according to the rules they should be---

That is not fairness...that is both the rules AND my respect (fear) for the two big boys. Of course I would be happy to say (and have said) I want your team "hitting on all cylinders" when we beat them. I would just like to know in advance that we are going to win if I am forced to stick with that position, lol

Otherwise, suspend their cheatin' asses. LOL

"MassPackersFan" wrote:



I honestly don't remember.. I mean, I never want them suspended.. lol But my view on this mess, I think, was pretty middle of the road.

Regardless of what I thought then.. I want this done, NOW! lol
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