Dr. Starcaps. Or, How I Learned to Stop Worrying and Love the Legal Process
by Ted Glover on Feb 18, 2010 6:55 PM CST
in Minnesota Vikings
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Okay, so judge Gary Larson (no relation to the former Purple People Eater) gave his ruling regarding the Starcaps case. Me trying to wade into serious legalese and then break it down into common, easy to understand language is a lot like asking John Wayne to read The Vagina Monologues---it just ain't gonna happen, pil-grum. So I did the next best thing. I contacted Mr. GrahamFiller10, a blogger (and lawyer) over at the SB blog The Rivalry, Esq (THE Quintessential Big 10 Smoking Room), to help break this down. Thanks, Graham! And if you're a Big 10 fan, check the site out. It's a great place to talk Big 10 athletics, and most recently, Big 10 expansion. Anyways, let's break down in just a few paragraphs what the Honorable Judge Larson had to say in his 44 page brief. Counselor Graham, you may begin...to be gratuitously plagairized, by me. After the jump, of course. Oh, all the serious legal stuff from here on out is from GrahamFIller10. All the smart ass stuff interspersed between the serious legal stuff is me. But you probably figured that out.
The bottom line in this is that if the court finds the Vikings to be the employers of Pat and Kevin Williams, the Williams', I mean the Williamses, I mean the Williamsii...whatever... loses the case and they will be suspended four games. BOOO NFL, hooray beer!! The league argues the Vikings employ the players by contracting for their services. The Williamses counter the NFL is responsible for establishing playing rules and disciplining players under the anti-doping policy, and therefore they are employees of the NFL, which is basically the crux of the issue. So if the trial finds them to be employees of the NFL, the Williams Wall wins, and won't be suspended. But that guarantees that the NFL will appeal.
The actual key lies not in the fact that the Williams can stop the suspension (although that's important), but that this comes down to State Law v. Union/NFL labor policies. The NFL, because it's awesome (except in this case, where they are an all powerful corporate whore trying to put down the working man), usually views itself as the king dog when it comes to dishing out discipline. And they can be, frankly, because of the bargaining agreement and their tremendous reach. But the key here is the State Law provisions - if the NFL is forced to adhere to Minnesota's provisions, they will have to comply with state law in EVERY state that an NFL team resides. If the Williams Wall wins this case, that means the NFL would now have to apply state drug testing laws, not what was collectively bargained, and those vary tremendously from state to state, which is why this is such a landmark case.
There are two key phrases that are also big players here: "undue burden" and "commerce clause". This breaks down, essentially, to a two step process:
1) Corporations, governments, larger entities...all set up wide-reaching rules and procedures. If a State's rules are too stringent or defeat that entities rules, the State's rules will be struck down.
2) In this case, the Judge said "I don't think that the state of Minnesota's rules are too strict."
So basically, this issue goes to a jury trial. In Minnesota, the home of the Vikings. Where Viking fans live. I'm not saying it's a rigged jury, but although Graham eventually thinks the Williamses will lose, I'm not so sure. In the hands of a jury, anything can happen. And Minnesota is a very liberal, labor friendly state, ao anything can happen.
And because of the precedent this will set, expect the NFL to appeal, all the way to the Supreme Court if necessary, to try and keep the Williams Wall from prevailing.
Anyways, thanks again the GrahamFiller10 from The Rivalry, esq., for making this much easier to understand.
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Good article
Based on the findings of the report, my conclusion was that this idea was not a practical deterrent for reasons which at this moment must be all too obvious.
"If you're gonna shoot, shoot, don't talk."
"You men are only risking your lives, while I am risking an almost-certain Academy Award nomination for Best Supporting Actor!"
"We have clearance Clarence. Roger Rodger, what's our vector Victor?"
NFL should give it up already
NO WAY Minnesota lets the Williams Wall get suspended. Cant happen, shouldnt happen. With that being said, it prolly will happen.
Skol Vikings!!
Crap I thought all this was behind us...
Hopefully the NFL will be leary enough about losing it they’ll just drag it out until every one is retired.
It's a lot easier to love the Vikings when they win...
Still not sure you made that clearer so it must have been a very confusing 42 pages.
Am I understanding you to say that all large National corporations (like the NFL) have the right to operate freely under the Commerce Clause of the constitution? That they may operate their business without the individual states making it hard on them? But even so, the individual States may pass laws that affect the business as long as it doesn’t create an “undue burden” on the business.
If that is what you meant, then I can agree with the court, that meeting the employment drug testing laws of the players individual State is not a “stringent or undue burden”.
The one that gets me is how the court thinks that Pat Williams doesn’t work for the Vikings? So confusing.
Winning is not everything but it sure feels like it sometimes
Great post
Excellent explanations from a real live lawyer. At first I thought this article should be titled “StarCaps for Dummies”, but the NFL would probably think I’m making fun of them and try to suspend me from the blog for 4 weeks.
by Eric J. Thompson on Feb 19, 2010 9:13 AM CST reply actions
We would have appealed
Granted, you would have ended up being represented by either Jackie Chiles or Mike Florio, but at least we would have tried.
The Daily Norseman - The greatest Vikings' site on the Internet!
by Christopher Gates on Feb 19, 2010 9:17 AM CST up reply actions
NFL ever gonna make up their minds?
I thought they JUST went to the Supreme Court to argue that they were not 32 separate entities, but were instead 1 (the hat case). So now they’re going to turn around and say “For the purposes of marketing and screwing over the players union, we’re 1 entity, but when it comes to obeying state laws, we’re really 32 different organizations.”
Am I wrong or is that what they’ve done with these last two lawsuits? Anyway, I hope the Williams prevail. I don’t believe they did anything wrong and this lawsuit was a good way to expose a loophole in the NFL’s drug testing policy which may have been exploited at a later date by people who actually used steroids.
Exactly
The NFL can’t have it both ways. Couldn’t agree with you more.
by MinnesotaRage on Feb 19, 2010 12:03 PM CST up reply actions
So the judge isn't former Viking Gary Larson...
Is it the cartoonist? Because I loved his stuff growing up. :)
by Eric J. Thompson on Feb 19, 2010 9:34 AM CST reply actions 1 recs
I love it!
If you can't laugh at yourself... Who can you laugh at?
The Packers, that’s who.
-- The almighty Manimal
I'm starting to think this is the school most NFL authorities attended.
by Eric J. Thompson on Feb 19, 2010 9:44 AM CST up reply actions
No they didn't
because they couldn’t get in
From the only TRUE North division
by thewild_viking_twins on Feb 21, 2010 2:32 PM CST up reply actions
I love it!
If you can't laugh at yourself... Who can you laugh at?
The Packers, that’s who.
-- The almighty Manimal
reply fail
If you can't laugh at yourself... Who can you laugh at?
The Packers, that’s who.
-- The almighty Manimal
That's OK
I give you permission to love any of my comments twice.
by Eric J. Thompson on Feb 19, 2010 9:44 AM CST up reply actions
The Far Side
One of the funniest strips ever drawn. I too used to peruse the paper daily looking for the latest cartoon by Gary and wondering what kind of warped mind could come up with this stuff. Thanks for sharing.
the NFL is going down the toilet
first off the NFL’s official doctor placed in absolute control of all medical decisions recommended that the pills were used properly while testifying and he excused them. the NFL stuck their nose in and over run their own authority figure, along with allowing a dozen or more, unimportant less known players to be exempt.. now, they have to prove their employer? then just sue the buffalo bills and move on right. or send an explaination in writing to the vikes, oh wait then the NFL would strong arm ziggy behind closed doors and say you will do as I say cause you know who’s your daddy!!! what a joke . where do they think shared revinue comes from and why do teams punish players one day and the league turns arounds and punishes with fines later. you know like the high low on brett in the game deemed ok by the NFL’s paid refs……… yet slapping them with big fines even after that sterling 15 second review. god forgive me but upshaw dies and the NFL decides to strong arm team owners and the unions on this one. the NFL wants collective bargaining to fail so it will. we need a union like in baseball. this guy who ever he is is in somebody’s hip pocket and it smells like goodell. the doc, buf, min,union, and the fans say let it go so learn to pick your battles because ya go the horns on this one fella!!!!!!!!!!!!
Habeas Corpus (Latin: You have the body)
Habeas Corpus, is part of the “Bill of Rights” of every person who resides in the United States. The first ten articles of the United States Constitution, are referred to as the “Bill of Rights”, the “Rights of the People”.
A person can not be convicted of a crime, without their “Day in Court”, and have access to “Legal Representation” in a “Court of Law”!
The NFL is not above the “Laws of the U.S. Constitution”, nobody is above the "Laws of the U.S. Constitution! President Richard M. Nixon, learned that as President of the United States, was not above the “Laws of the U. S. Constitution”!
Commissioner Goddell is not a King, Duke or Earl, he is only the hired “Head Employee” of the 32 NFL Team Owners, charge with manage the day – to – day operations of the NFL. Commissioner Goddell is not GOD!
The Williams must be granted their rights to their “Day in Court”! The NFL is not immune from Laws of the United State of America! “Redress of Grievances” are the Rights of every person who resides with in the United States of America!
Denial is not a river found in Egypt!:
StarCap denies any knowledge about the masking agent being present in StarCap, or how it got there!
The NFL front office knew about this masking agent, the doctors hired by the NFL knew about this masking agent!
The Front Office of all 32 NFL Teams, knew about this masking agent!
The Coaching Staff of all 32 teams knew about this masking agent being present in StarCap!
The NFL withheld information about this masking agent in StarCaps, from the individual players of the NFL!
“Guilty Hands cannot Convict!”
The two Williams, are not charge with taking Steroids. The two Williams are charged with taking a Masking Agent, that is supposedly able to block the Steroids from detection in urine and blood samples. The two Williams were not aware that StapCap had a masking agent to steroids, there was no Warning Label, they were not informed by those above them that knew that StarCap contained a masking agent.
We have a Company denying knowledge of the masking agent being in their product.
We have multiple layers of management in the NFL, withholding this information from the Contracted Players of the 32 Individual NFL Teams.
The NFL already has bought their Senators and House Representatives, to deny two U.S. Citizens their Day in Court.
/-The NFL has been turned down by the U.S. Court of Appeals, on having the two Williams Court Trial from happening.
As a Retired U.S. Army Platoon Sergeant. Who was, is, and always will be loyal to the oath that I took when I pledge to… “Protect and defend the Constitution of the United States of America” from all enemies, Foreign and Domestic. To Obey all Lawful Orders by those Appointed over me!… if needed, to sacrifice my life!
Platoon Sergeant S. H. McGarthwaite (RA68044546)
U.S. Army Retired
1968 – 1995
Everyone we meet in life give us happiness, some by their arrival, others by their departure!
!!!!!!!!!!!!!!!!!!!!Too much excitement!!!!!!!!!!!!!!!!!!!!!!
Ah, ah,
We come from the land of the ice and snow,
From the midnight sun where the hot springs blow.
The hammer of the gods will drive our ships to new lands,
To fight the horde, singing and crying: Valhalla, I am coming!
SKOL!
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