expedited discovery and therefore to submit to dispositive motions, if appropriate.

Depite the Court's clear guidance that discovery was necessary, the parties (and the NFL in particular) engaged in what can only be called gamesmanship, requiring the Magistrate Judge

to extend far greater oversight of the discovery process than should otherwise have been required. Not only are such obstructive litigation tactics unnecessary and expensive, but they were contrary to the explicit dictates of the Court. The parties are fortunate

that the Magistrate Judge so ably shepherded discovery and mediated the parties' disputes. This court would not have looked favorably on the parties' conduct should it have had occaison to consider the consequences of that conduct.

Discovery revealed additional facts not found in the arbitration record.

Williams threatened to bring a lawsuit claiming, among other things, a violation of the Americans with Disabilities Act.

Discovery also revealed a memorandum from the NFLPA to players' agents regarding the distributor of StarCaps. In that memorandum, the NFLPA informed the agents that "Balanced Health Products, which distributes StarCaps, has been added to the list of prohibited dietary supplement companies. Players are prohibited from participating in any endorsement agreement with this company or using any of their products." (12/20/2006 Robinson memo (emphasis added).)

In his personal life, he is a lifelong fan of the Minnesota Twins and Minnesota Vikings.

Williamses to subpoena Bills about StarCaps
By Mark Gaughan
NEWS SPORTS REPORTER
Updated: April 29, 2009, 4:45 PM / 0 comments

Minnesota Vikings defensive linemen Pat and Kevin Williams plan to subpoena the Buffalo Bills to produce documents about a dietary supplement that they took, which caused them to receive a four-game suspension from the NFL.
The two players are trying to get their suspension overturned via a federal lawsuit against the NFL in St. Paul, Minn. They took the weight-loss supplement, called StarCaps, in order to avoid being fined by the Vikings for being overweight. However, the product was contaminated with a prescription drug that can be used to mask steroids. As a result, they tested positive for a banned substance as part of the NFLs steroid policy.
According to the St. Paul Pioneer Press, Peter Ginsberg, the attorney representing the Williamses in their lawsuit, said during a hearing last week that StarCaps were freely distributed in the Bills locker room and that a number of Buffalo players used StarCaps. Pat Williams played for the Bills from 1997 to 2003. Ginsberg did not say who allegedly dispensed the supplement and to which players.
The Bills issued a statement denying the allegation through Scott Berchtold, team vice president of communications. It read: We have never heard these allegations, and we are not aware of anyone representing the Bills distributing StarCaps, an over-the-counter weight-loss supplement, to players. These allegations were made by an attorney and not by any players.
StarCaps was advertised as the diet supplement of the stars, in reference to Hollywood stars. It purported to be the quick, effective way to melt off 10 to 125 pounds. Unlike steroids, it is not used to gain a competitive advantage on the field, other than to lose weight.
It remains to be explained what motivation a team official would have to distribute a supplement designed to allow a player to skirt team rules without a competitive edge.
Pat and Kevin Williams were scheduled to give depositions in the case Tuesday in Minneapolis. They are suing the NFL for $10 million in damages. The NFL Players Association joined the federal suit in Minnesota on behalf of New Orleans Saints linemen Will Smith and Charles Grant and former Saints running back Deuce McAllister, who also were suspended.
Trial is set for June 15. The union is prepared to argue for a summary judgment during a May 14 hearing before Judge Paul A. Magnuson, who is expected to order both sides into settlement talks.

Vikings explain why they took banned diuretic
Comment Email Print Share
ESPN.com news services

Minnesota Vikings defensive tackles Kevin and Pat Williams, who were among six players suspended four games by the NFL for testing positive for a diuretic, said they used the banned substance because they had $400,000 in incentive bonuses in their contracts if they met, or were below, a specific weight during several weigh-ins throughout the year.

The Minneapolis Star Tribune reported the story in Wednesday's editions. The newspaper obtained details from a Dec. 2 letter sent by the NFL to the Williamses' lawyer, which was part of the filings in the the players' suit against the league to nullify their suspensions for violating its anti-doping policy.

The two Vikings tested positive for Bumetanide, which can be used for rapid weight loss or as a masking agent for steroids. They hoped to avoid suspensions because the product they used, StarCaps, did not list Bumetanide as an ingredient.

The NFL Players Association filed an appeal on the players' behalf, but the league denied the appeal, saying it issued a warning about the product in 2006.

According to the Star Tribune, the letter states that both Williamses are subject to receive bonuses if they met or were below a specific weight 11 times during the year -- eight during the season, three in the offseason.

However, the letter specified that the players "would not engage in any 'last-minute weight reduction techniques,' which included 'use of diuretics,'" the Star Tribune reported.

Pat and Kevin Williams, who are not related, have been active in Minnesota's lineup because a federal judge has blocked the suspensions.

The NFL wants an appeals court to reconsider the order, according to court documents filed Monday in U.S. District Court in Minnesota.
The Vikings lead the NFC North with a 9-6 record and can win the division with a victory over the New York Giants in Sunday's regular-season finale.
Information from The Associated Press was used in this report.

Author(s): S. Kato Crews
Published: 06/01/2005
The Supreme Court recently let stand a case holding that the National Labor Relations Act ("NLRA") preempted state law claims brought by a non-union company against a union "salt." (A "salt" is a union organizer who tries to get hired at a non-union company in order to organize the company from within.) The decision is a good reminder of the well-settled doctrine of Garmon preemption, which holds that the NLRA preempts state law claims for relief that are based on conduct that is "arguably" protected or prohibited by the NLRA. San Diego Bldg. Trades Council, Millmen's Union, Local 2020 v. Garmon, 359 U.S. 236 (1959).
The case left alone by the Supreme Court was a Minnesota Court of Appeal's decision. Wright Elec. v. Ouellette, 686 N.W.2d 313 (Minn. App. 2004), cert. denied June 20, 2005. In that case, Thomas Ouellette, a union "salt," lied on his employment application with Wright Electric in order to hide his union affiliation. When the company discovered his deception, it fired Ouellette for "falsifying information on [his] employment application." It then sued Ouellette in state court, bringing Minnesota state law claims against him for breach of at-will employment contract, breach of fiduciary duty and duty of loyalty, recovery of salary and benefits, and unjust enrichment.
The Minnesota appeals court reversed the lower court's finding that Wright Electric's claims were not preempted by the NLRA. The appellate court noted that the NLRA protects a union member's right to "salt" non-union workplaces, which includes the right to lie when applying for employment in order to hide his or her union affiliation. Finding that "salting" was "arguably" protected by the NLRA, the appellate court ruled the company's claims were preempted by the federal statute.
Preemption under the Garmon doctrine does not require that a plaintiff have a certain remedy before the National Labor Relations Board ("NLRB"), the federal agency that enforces the NLRA, or even that the NLRB will hear the claim in the first place. Bassette v. Stone Container Corp., 25 F.3d 757, 759-60 (9th Cir. 1994). Instead, once a court determines that a plaintiff's claim alleges conduct that is "arguably" or "potentially" subject to regulation or protection under the NLRA, federal labor law preempts state law and the NLRB has exclusive jurisdiction.
Practical Significance
Employers should remember that certain state law claims brought against them by their employees, or their employees' union, may be preempted by the NLRA. For example, several federal courts have held the NLRA to preempt state law claims against an employer alleging the employer fraudulently induced employees to ratify certain terms contained in a collective-bargaining agreement. These claims are "arguably" prohibited by the NLRA's provisions requiring an employer to bargain in good faith. Depending on the employer's particular circumstances, and the particular claims asserted against it, the Garmon preemption doctrine could be an advantageous tool for employers. At the same time, employers, particularly non-union employers, should gain an understanding of what rights and protections the NLRA affords all employees in order to avoid NLRA preemption of any claims it may assert against an employee or union.
A partner in RJ&L's Colorado Springs and Denver offices, S. Kato Crews represents and advises business clients in all aspects of their endeavors. While his practice is focused on general litigation matters, Kato practices in the areas of labor and employment law, representing employers in all aspects of the employment relationship. He joined the firm after serving as an attorney with the U.S. National Labor Relations Board. Kato practices in the firm's Colorado Springs and Denver offices. He can be reached at 719-386-3017, or by e-mail at kcrews@rothgerber.com.

ATTORNEYS
S. Kato Crews
AREAS OF PRACTICE
Labor and Employment

COVER STORY (from Beverly Hills 213)
Over 30 years ago, Nikki Haskell was a divorced housewife who had never worked a day in her life. At the time, there were not a lot of career opportunities for women in business, so Nikki did what seemed most natural thing to her at the time: become the first female stock broker on Wall Street.
I grew up in Beverly Hills, from the last generation of women that didnt work. Nikki explains. The W word was never spoken in our home. So I was just going to grow up get married, and live happily ever after. And then I got married and divorced, and as a fluke decided to invest in the stock market and ended up making a couple of million dollars. I did so well trading the market, I figured I may as well become a stock broker. It never occurred to me that Id be the only woman.
Filled with dazzling arrays of various talents and a strong drive, Nikki was unhappy with the limits that a corporate structure imposes, so she moved on to the next most natural stage of her career: she hosted her own television show.
I used to say that I lived at Studio 54, but kept an apartment on 68th street. A friend threatened to send me to Disco Anonymous, so I decided I better make a living out of dancing and going to parties, so that s what the show was.
The Nikki Haskell Show, which she also produced, wrote, and edited, ran for 300 episodes on early cable television and is considered the first reality show. She went on location to countries around the world (covering Carnivale in Rio) and was the first to interview Donald Trump, who at the time, was married to Nikkis close friend, Ivana.
As if flying around the world, attending lavish parties, and interviewing celebs wasnt enough, in the interim Nikki created what she would ultimately become known for: StarCaps.
I was always on a diet, Nikki says. Even when I was a stock broker, I would take a break and go weigh myself. I was born on a diet-my mother put me on a diet at birth.
Hating exercise, Nikki wanted a diet pill that could help her lose weight. She combined a few products on the market to create her own, took it to a pharmaceutical company, and voila! StarCaps was born.
I got them to2,500 GNC stores, the Vitamine Shoppe, Great Earth, and other stores all over the planet. I have single-handedly taken it to new stores myself, gone to conventions, and done whatever it takes to get it out there.
But the reason for the products immense success, she says is that it works.
For people to have been taking it consistently for 25 years, it has to work.
It is named StarCaps to reflect the many celebrities that use and endorse it?
A lot of people think that, Nikki says laughing. Yes, a lot of celebs take it, but a lot of everybody takes. Its named after those gold stars that you get in school when you do something right.
Also in Nikkis line of health and diet products is her StarCruncher, a resistance exercise item which comes with and instructional DVD (shot at famed producer Robert Evans house) and features astronaut Buzz Aldrin, supermodel Beverly Johnson, and Joan Collins. And, while creating diet products has brought Nikki much notoriety (and financial comfort), shes much more than just an entrepreneur. Shes also a painter, writer, web designer (her website, www.starcaps.com, has been on-line since the beginning of the internet), photographer and art collector. But her true passion lies in something much more serious: throwing parties.
Theres nothing I like to do more in the whole world that to throw parties, she says. I m a people person, I know so many people from so many different walks of life, from different parts of the world, I feel like its my responsibility to bring these people together. When I had my TV show, Id throw six parties a month. Im really not a happy camper if I m not working on a good party.
Te key ingredient is a great party?
The most important thing are the people, she says. Its important to mix all different people together. Ive given parties for Ivana Trump, Cher, Michael Jackson..at my parties, people come early and stay late.
Nikki says that what she likes the most about her life is being with her friends.
I dont have children, Im not married, and I dont have any pets, so many family these days are my friends, and I have wonderful friends all over the world.
While listing of her many plans for the future (writing an autobiography, more parties winning an Oscar, etc) Nikki allows herself to become a touch retrospective.
My father died when I was a little girl. I did everything on my own, and Im very proud of the things Ive accomplished in my life, but know what? Ive only just begun.
She continues: In this life, you have to be overdressed and ready to go 24 hours a day, because youll never know youre going to be , or who youre going to meet.

First, you have too much time on your hands.

"Formo" wrote:

Second, I would not be surprised to hear the truth that the reasons the Williams' Wall were taking StarCaps are: (A) what was stated in an above post, that they honestly needed to keep at a certain weight.. They just picked the wrong product, or (B) they want to try and mask their mary-jane addiction.

What I find somewhat intriguing is how adamant the Williams' Wall is with their case(s). Which almost leads me to believe that they really are telling the truth.

Personally, I just wish this thing were all over.