Of interest to Minnesota Vikings fans, the NFL having won the last round, Kevin and Pat Williams managed to get the court to rule in favour of continuing the injunction:
Pat Williams and Kevin Williams are likely going to be available for most or all of the 2010 season after being granted an extension to the temporary injunction granted in an 11-page opinion from Hennepin County District Court Judge Gary Larson this morning.
In his decision, Larson said that the Williamses had “satisfied the standard” for proving that their suspensions should be blocked during the appeals process. In short, what the decision appears to show is that the Williamses can appeal the case to the Minnesota Court of Appeals and, even if they lose at that level, would have the chance to appeal to the Minnesota Supreme Court. Given the time that having cases filed and heard at both levels typically take several months, it appears at face value that there is little chance both appeals would be heard during the 2010 season
Of even greater interest is the commentary from the presiding judge, which is quite in line with my own feelings on the matter:
“(The NFL) knew StarCaps contained Bumetanide, that players were ingesting Bumetanide, that Bumetanide was dangerous and withheld information about StarCaps, knowing that players would suffer as a result. (The NFL) created a trap that it knew would result in violations of the program.”
[. . .]
“(The NFL) could have easily avoided this very situation by informing players or teams what it already knew — that StarCaps contained a hidden, dangerous substance. (The NFL) knew that many players were already inadvertently ingesting Bumetanide and continued to the place the health, safety and welfare of its players in jeopardy, so that (NFL General Counsel) Adolpho Birch could play a game of ‘gotcha.’ The league clearly allowed a half dozen other players to use Bumetanide without punishment.”
If the ingredient had been listed on the label, or if the NFL had informed players that the ingredient was in the product, the NFL would be quite correct in trying to suspend these players. Because it was not, and they did not, the NFL should go pound sand.
