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No way the owners get rid of Goddell for this, he has handled every other situation pretty well. I just don't see this getting overturned, and if they do stay the suspension for next weeks game, there is no certainty the players wont be suspended for the final 3 weeks and the first playoff game.
Any playoff team would destroy the Queens without the Williams wall. IMO the Vike's should just sit them now.
I think there is a real possibility that Goodell may catch a lot of hell for his actions in this case. He's handled it well? NOT REALLY.
A federal judge is now handling the case. No way Tagliabue or Rozelle would have allowed this issue to spin off and be decided by an independent entity. What if the judge makes a ruling that allows further legal action that overturns the CBA? That is the kind of exposure this case subjects the NFL to. I don't think that will happen, but under Goodell's watch that is the situation.
I'm sure there are owners very nervous about Goodell's management of the issue and the exposure the league has in this situation. I don't think he'll be canned, either. But he is now batting with a couple strikes on him. If more issues like this crop up and he bungles them, the owners will find a new man to run their league.
This brings up an interesting question: was the first positive test b/c of Starcaps under Tagliabue's watch, or Goodell's?
Goodell became commish in Sept 1, 2006. The first player tested positive for the diuretic in 2006, but I don't know what the exact date was.
When the going gets weird, the weird turn pro ~Hunter S.
I read the section that JH keeps pounding on which states any violation is a mandatory 4 game suspension and players are 100% liable.
JH is right in that the policy leaves no wiggle room, now that I have read for myself the relevent section. That means the NFL CAN'T reverse it unless there was an error in testing. If they let the first guy go then I would say they are acting in an arbitrary and inconsistent manner.
Arbitrary: subject to individual will or judgment without restriction; contingent solely upon one's discretion.
I don't think that coming to different outcomes based upon a differeint facts is arbitrary and inconsistent.
What if a first team had spiked the water bottles or supplements of their division rival? I doubt anybody in their right mind would argue that not suspending the team would be arbitrary and inconsistent.
I agree that it is a grey area, but I don't think that the current suspensions are wrong. I also think that there is a decent argument in support of the decision to not suspend the other player. Either way, the treatment of the first player does not render the current suspensions wrong.
The NFLPA action reportedly raises theories similar to those alleged by Pat and Kevin Williams. The gist of the actions is that the suspensions should be blocked because the NFL knew that StarCaps contained Bumetanide, a prescription drug, but did not warn the players about this fact.
My stance is that the NFL should not have had to warn the players about any risk if StarCaps were not on the list of approved supplements. It's very simple. If it's not on the list, don't take them. If it is on the list, you have nothing to worry about. The NFL should not have to babysit players to make sure they are only taking what has already been approved. So I guess the question here is whether or not StarCaps were on the list of NFL approved supplements for players to take. That much is black and white, and can easily be determined. The ruling should focus specifically on that IMO.
If StarCaps were on the list of approved supplements, then the NFL has no case. If they were not, then it is what it is. Players took an unapproved supplement AT THEIR OWN RISK and got caught, and should have to face whatever consequences that are associated with taking that risk. Not only would that be the fairest thing to do given the rules, but would also set solid precedent should a situation like this one arise in the future.
Chuck Norris doesn't cut his grass, he just stares at it and dares it to grow
This is so stupid. Why does he need more time to read the list of approved supplements to see if StarCaps are on it or not?
The NFL's fault in the matter is by not specifically telling players that if what they are taking is not on the approved list given by the NFL, and they are caught, they will be suspended regardless of whether it contains a banned ingredient or not. Take ONLY what the NFL says you can take. Eliminate the "take anything else at your own risk" part of it completely and just say that taking anything else is a violation of NFL policy. Leave no gray area whatsoever.
This is should not be a legal matter. The NFL is more strict about what it's players take than the law is about what any joe schmoe can take. The NFL should be able to enforce policy without the federal government intervening. What the hell is this doing in a federal court in the first place?
Chuck Norris doesn't cut his grass, he just stares at it and dares it to grow
What a load of junk. The courts shouldn't even be invloved with this. After all, it's not like the NFLPA has already lost on almost these exact same arguments.
This is so stupid. Why does he need more time to read the list of approved supplements to see if StarCaps are on it or not?
The NFL's fault in the matter is by not specifically telling players that if what they are taking is not on the approved list given by the NFL, and they are caught, they will be suspended regardless of whether it contains a banned ingredient or not. Take ONLY what the NFL says you can take. Eliminate the "take anything else at your own risk" part of it completely and just say that taking anything else is a violation of NFL policy. Leave no gray area whatsoever.
This is should not be a legal matter. The NFL is more strict about what it's players take than the law is about what any joe schmoe can take. The NFL should be able to enforce policy without the federal government intervening. What the hell is this doing in a federal court in the first place?
Because it isn't as simple as you'd like to make it. The policy is crystal clear yet one player was never suspended. In addition, questions remain. Did the NFL act in bad faith by not telling the players (and the FDA for that matter), instead choosing a more general warning when they has SPECIFIC knowledge?
These are some of the things that will be considered I would guess.
Let me ask you this, if the policy is so crystal clear why did the first player not get suspended?
It's in Federal court because it's labor law and the judge may determine the NFL acted in bad faith in the CBA.
This is so stupid. Why does he need more time to read the list of approved supplements to see if StarCaps are on it or not?
The NFL's fault in the matter is by not specifically telling players that if what they are taking is not on the approved list given by the NFL, and they are caught, they will be suspended regardless of whether it contains a banned ingredient or not. Take ONLY what the NFL says you can take. Eliminate the "take anything else at your own risk" part of it completely and just say that taking anything else is a violation of NFL policy. Leave no gray area whatsoever.
This is should not be a legal matter. The NFL is more strict about what it's players take than the law is about what any joe schmoe can take. The NFL should be able to enforce policy without the federal government intervening. What the hell is this doing in a federal court in the first place?
Because it isn't as simple as you'd like to make it. The policy is crystal clear yet one player was never suspended. In addition, questions remain. Did the NFL act in bad faith by not telling the players (and the FDA for that matter), instead choosing a more general warning when they has SPECIFIC knowledge?
These are some of the things that will be considered I would guess.
Let me ask you this, if the policy is so crystal clear why did the first player not get suspended?
It's in Federal court because it's labor law and the judge may determine the NFL acted in bad faith in the CBA.
There is no doubt that the NFL requires/deserves the ability to clean its own house, this must be a cloudy issue however to get this far in court.
No federal judge would allow an issue like this to get this far without some merit.
Minnesota Vikings
NFC North Champions 2008 and 2009.
This is so stupid. Why does he need more time to read the list of approved supplements to see if StarCaps are on it or not?
The NFL's fault in the matter is by not specifically telling players that if what they are taking is not on the approved list given by the NFL, and they are caught, they will be suspended regardless of whether it contains a banned ingredient or not. Take ONLY what the NFL says you can take. Eliminate the "take anything else at your own risk" part of it completely and just say that taking anything else is a violation of NFL policy. Leave no gray area whatsoever.
This is should not be a legal matter. The NFL is more strict about what it's players take than the law is about what any joe schmoe can take. The NFL should be able to enforce policy without the federal government intervening. What the hell is this doing in a federal court in the first place?
Because it isn't as simple as you'd like to make it. The policy is crystal clear yet one player was never suspended. In addition, questions remain. Did the NFL act in bad faith by not telling the players (and the FDA for that matter), instead choosing a more general warning when they has SPECIFIC knowledge?
These are some of the things that will be considered I would guess.
Let me ask you this, if the policy is so crystal clear why did the first player not get suspended?
It's in Federal court because it's labor law and the judge may determine the NFL acted in bad faith in the CBA.
This is so stupid. Why does he need more time to read the list of approved supplements to see if StarCaps are on it or not?
The NFL's fault in the matter is by not specifically telling players that if what they are taking is not on the approved list given by the NFL, and they are caught, they will be suspended regardless of whether it contains a banned ingredient or not. Take ONLY what the NFL says you can take. Eliminate the "take anything else at your own risk" part of it completely and just say that taking anything else is a violation of NFL policy. Leave no gray area whatsoever.
This is should not be a legal matter. The NFL is more strict about what it's players take than the law is about what any joe schmoe can take. The NFL should be able to enforce policy without the federal government intervening. What the hell is this doing in a federal court in the first place?
Because it isn't as simple as you'd like to make it. The policy is crystal clear yet one player was never suspended. In addition, questions remain. Did the NFL act in bad faith by not telling the players (and the FDA for that matter), instead choosing a more general warning when they has SPECIFIC knowledge?
These are some of the things that will be considered I would guess.
Let me ask you this, if the policy is so crystal clear why did the first player not get suspended?
It's in Federal court because it's labor law and the judge may determine the NFL acted in bad faith in the CBA.
The Norris-LaGuardia Act says otherwise.
Shoot me a link, I'd like to see that.
edit: Every case the NFLPA has brought against the NFL (that I know of) has been in federal court by the way.
Biographies of judges include birth/death, Article III judicial service, other federal judicial service, education, professional career, research resources, and other information…
When the going gets weird, the weird turn pro ~Hunter S.
Biographies of judges include birth/death, Article III judicial service, other federal judicial service, education, professional career, research resources, and other information…
Why wouldn't he just issue an immediate injunction then?
This is so stupid. Why does he need more time to read the list of approved supplements to see if StarCaps are on it or not?
The NFL's fault in the matter is by not specifically telling players that if what they are taking is not on the approved list given by the NFL, and they are caught, they will be suspended regardless of whether it contains a banned ingredient or not. Take ONLY what the NFL says you can take. Eliminate the "take anything else at your own risk" part of it completely and just say that taking anything else is a violation of NFL policy. Leave no gray area whatsoever.
This is should not be a legal matter. The NFL is more strict about what it's players take than the law is about what any joe schmoe can take. The NFL should be able to enforce policy without the federal government intervening. What the hell is this doing in a federal court in the first place?
Because it isn't as simple as you'd like to make it. The policy is crystal clear yet one player was never suspended. In addition, questions remain. Did the NFL act in bad faith by not telling the players (and the FDA for that matter), instead choosing a more general warning when they has SPECIFIC knowledge?
These are some of the things that will be considered I would guess.
Let me ask you this, if the policy is so crystal clear why did the first player not get suspended?
It's in Federal court because it's labor law and the judge may determine the NFL acted in bad faith in the CBA.
I asked this earlier, but I'll ask it again. Why should the NFL have to do anything more to inform players what is allowed and not allowed than issue a list of approved supplements for all to read? They are not obligated to go into specifics on each and every supplement that is not on the list. Their obligation ends with compiling a list of acceptable supplements and issuing that list to players. If it isn't on the list, don't take it. Period. As dumb as football players are, I'm sure even they could figure that one out. Believe me, I'd feel the same way if it were Aaron Rodgers and Greg Jennings, or Al Harris and Charles Woodson under investigation here. If it's not league approved, stay away from it entirely.
Even before the investigation began, the list was out. How exactly is the NFL acting in bad faith if they caught a number of players using unapproved supplements and punish them for it? Again, this should not be a legal matter. The NFL sets the rules for the league, not the federal government. Unless the NFLPA can make a case that these players were being singled out for suspension and that the NFL was motivated by something other than StarCaps for doing so, I still don't think they have a case. StarCaps were not approved by the NFL for player use, end of story. Anyone taking them was doing so at their own risk, per NFL policy that I'm certain they clearly understood while taking StarCaps. They got caught. Am I missing something here?
Chuck Norris doesn't cut his grass, he just stares at it and dares it to grow
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