NFL, two reporters still on the hook in Vikings’ suit over suspensions
Article By mflorio.tsn on 18th February, 2010
Though the NFL has reason to feel pretty good about most of Thursday's 44-page ruling in the StarCaps litigation odyssey, cause for concern still exists, both for the league and two reporters who cover the league for a living.
For starters, the league will lose the case — and the four-game suspensions of Vikings defensive tackles Kevin and Pat Williams could be forever blocked — if it can be proven that both the Vikings and the NFL employ the players. Without delving too far into the legal niceties, the NFL has argued in the past that, for labor law purposes, the league and its 32 teams are a single entity. Here, the league insists it doesn't employ the players. An impartial observer easily could conclude that the NFL is trying to have it both ways.
If the court finds that the NFL is an employer of the players, the players will have proven that their rights under Minnesota law were violated because the league failed to provide the players with timely notice of their positive drug test results. A second violation could arise based on the Minnesota requirement of confidentiality regarding drug testing.
Related Links PFT: Union assumes low profile in StarCaps case PFT: Jones may play TE for Bengals PFT: Rumor mill Vikings' suit goes to trial on March 8 The Trenches: SN's NFL blog The players claim the league failed to keep the results of the testing secret, as evidenced by the fact that multiple reporters disclosed the information publicly, even before Kevin and Pat Williams were informed that they had tested positive. Judge Gary Larson concluded that the leak of the information represents a "question of fact," which means that both sides will have to put on evidence at trial regarding how the information did, or didn't, mak...
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For starters, the league will lose the case — and the four-game suspensions of Vikings defensive tackles Kevin and Pat Williams could be forever blocked — if it can be proven that both the Vikings and the NFL employ the players. Without delving too far into the legal niceties, the NFL has argued in the past that, for labor law purposes, the league and its 32 teams are a single entity. Here, the league insists it doesn't employ the players. An impartial observer easily could conclude that the NFL is trying to have it both ways.
If the court finds that the NFL is an employer of the players, the players will have proven that their rights under Minnesota law were violated because the league failed to provide the players with timely notice of their positive drug test results. A second violation could arise based on the Minnesota requirement of confidentiality regarding drug testing.
Related Links PFT: Union assumes low profile in StarCaps case PFT: Jones may play TE for Bengals PFT: Rumor mill Vikings' suit goes to trial on March 8 The Trenches: SN's NFL blog The players claim the league failed to keep the results of the testing secret, as evidenced by the fact that multiple reporters disclosed the information publicly, even before Kevin and Pat Williams were informed that they had tested positive. Judge Gary Larson concluded that the leak of the information represents a "question of fact," which means that both sides will have to put on evidence at trial regarding how the information did, or didn't, mak...
Read Complete Article at Latest Sporting News Articles for NFL
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