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Hearing at 11:30AM tomorrow on Williams'

Last post 12-05-2008, 10:33 AM by Nashville Bears Fan. 42 replies.
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  •  12-04-2008, 4:51 PM 1343230

    Hearing at 11:30AM tomorrow on Williams'

    The temporary restraining orders has been moved to federal court to be herd along with the NFLPA suit tomorrow.  I think it is 50/50.  I think the law is on the NFL's side.  I think the part of the policy which says you are responsible for what is in your body whether you know it to be legal or not and they recommend taking NO suplements to be safe.  However,  judges do grant injunctions if there is any chance of the other side winning as to not allow punishment for a crime (for lack of a better word) that is later found out not to have been commited.  Man, I hope we get a break.  There chances of winning games do not go away without these players, but they do make a large difference.

  •  12-04-2008, 5:03 PM 1343242 in reply to 1343230

    Re: Hearing at 11:30AM tomorrow on Williams'

    Thanks for the update.Hopefully the @ruling on the field stands@
  •  12-04-2008, 5:06 PM 1343248 in reply to 1343242

    Re: Hearing at 11:30AM tomorrow on Williams'

    I doubt there will be an immediate ruling, which means the fat boys will be playing against Detroit.  JMO.

    .
  •  12-04-2008, 5:14 PM 1343253 in reply to 1343248

    Re: Hearing at 11:30AM tomorrow on Williams'

    SVBearsfan:
    I doubt there will be an immediate ruling, which means the fat boys will be playing against Detroit.  JMO.

    .

    They just had a report on ESPN... The NFL is going to Federal Court, while this judge is state level......

    From what I got, IF the Federal court turns them ( Williams Bros) down..they are screwgied....


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  •  12-04-2008, 5:17 PM 1343259 in reply to 1343253

    Re: Hearing at 11:30AM tomorrow on Williams'

    I heard that they will be reinstated if they can find their old bandmate on the far right



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  •  12-04-2008, 5:21 PM 1343265 in reply to 1343259

    Re: Hearing at 11:30AM tomorrow on Williams'

    onebud34:

    I heard that they will be reinstated if they can find their old bandmate on the far right

    it's funny that they are called to fat brothers, when really only Pat Williams is fat.

  •  12-04-2008, 5:23 PM 1343266 in reply to 1343265

    Re: Hearing at 11:30AM tomorrow on Williams'

    Judge blocks suspensions of Vikings' 'Williams Wall'

    December 4, 2008

    A Minnesota judge on Wednesday temporarily blocked the NFL's suspension of Vikings stars Kevin and Pat Williams for violating the league's anti-doping policy, but the players' status for Sunday's game at Detroit remained uncertain.

    Hennepin County District Judge Gary Larson issued the temporary restraining order at the players' request, saying he wanted more time to hear arguments in the case. No further hearing date immediately was set.

    The Williamses were among six players suspended for four games for testing positive for a diuretic that can be used as a masking agent for steroids. They have argued that the substance containing the diuretic didn't list all its ingredients, and that league scientists and lawyers had information about the substance but withheld it from players.

    The NFL argues that the league's policy on banned substances is collectively bargained with the players' association and that players are responsible for what is in their bodies.

    ''This is one of the more difficult cases I've had in 23 years,'' Larson said before signing the order. ''If I make a mistake, I've got to decide on a temporary basis which side I'm able to make the mistake on.''

    Larson said he would make himself available to reconsider the issue ''as quickly as you'd like me to hear it.'' He also said he expected lawyers for the NFL, who participated in the hearing by phone, would take the issue to federal court in Minneapolis to get the suspensions reinstated.

    ''There is no merit to this lawsuit, and we will promptly seek to have the order reversed,'' the NFL said in a statement.

    Kevin and Pat Williams, who are not related, sat in the courtroom with their lawyers for the hearing, which lasted more than two hours. Both declined comment afterward.

    ''They'll get back and get their playbooks and start focusing on Detroit,'' their attorney, Peter Ginsberg, said after the hearing.

     


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  •  12-04-2008, 5:25 PM 1343269 in reply to 1343266

    Re: Hearing at 11:30AM tomorrow on Williams'

    Aweseom!!
  •  12-04-2008, 5:28 PM 1343275 in reply to 1343266

    Re: Hearing at 11:30AM tomorrow on Williams'

    The hearing is at 11:30AM Friday and a decesion is expected tomorrow.
  •  12-04-2008, 5:28 PM 1343276 in reply to 1343275

    The "skinny" on the Williams Wall Lawsuit

    Just in case anyone wants to know, here is what's going on with the appeal by the two Vikings' d-tackles.

    They sought a temporary restraining order in Minnesota state court yesterday which was granted by a state court district judge.  The purpose of a temporary restraining order is to maintain the "status quo" until a further hearing can be held to determine whether a preliminary injunction should be granted. 

    This case has now been removed to federal court so that the federal judge in the Minnesota district court can hear the motion for preliminary injunction that was brought by the NFL players association not just on behalf of the Kevin and Pat Williams but also on behalf of four of the other players who were suspended.  The purpose of the preliminary injunction is to maintain the status quo up and until a trial on the merits can be held.  Courts are typically reluctant to grant preliminary injunctions and there is a difficult burden on the NFL players association to prevail - they must prove that the players will suffer irreparable harm (i.e., not compensable by money damages) and that they have a strong likelihood of prevailing on the merits of their claim if it goes to trial.  This hearing is scheduled for tomorrow morning at 10:30 a.m. CDT.  Judges typically issue their rulings on these motions fairly quickly due to the nature of the request.

    For purposes of whether the Williams Wall will be suspended, tomorrow morning is the key hearing, because if the court denies the preliminary injunction, they really have no other recourse to appeal the suspension - I suppose they could try and appeal it to the Eighth Circuit Court of Appeals.  If they lose, their only recourse will be to prevail on the merits of their claims at trial, which will undoubtedly take place after the suspension is over anyways - thereby making their lawsuit somewhat moot, unless they try to seek legal damages.


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  •  12-04-2008, 5:41 PM 1343295 in reply to 1343276

    Re: The "skinny" on the Williams Wall Lawsuit

    I hope they all get suspended/stay that way for the rest of the season. They should lose that money too - if they cared so much about that then they should not have done what they did and tried to hide the fact...

    :deadhorse: 

     


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  •  12-04-2008, 5:59 PM 1343314 in reply to 1343230

    Re: Hearing at 11:30AM tomorrow on Williams'

    I think it is interesting that the case was assigned to Judge Magnuson instead of Judge Doty who has been the judge that has traditonally handled sports litigation and has been generally pro labor in his rulings.  Perhaps a good sign for the NFL.

    More important is whether or not the NFLPA feels strongly about this issue or whether it is being filed on their part to avoid a failure to represent law suit.  Even more important is the continued opposition to player fines and suspensions coming from union members over fines for rough play (Pittsburgh), suspensions leveled by the commisioner for conduct unbecoming, and now this.  Also for the first time individual ownership is publically criticizing league decisions(Minnesota).

    With CBA set to expire it is becoming apparent that the power of the commissioner will be a bargaining issue as well as the usual financial matters.  Looks like lots of pot holes on the way to a new agreement.

  •  12-04-2008, 9:38 PM 1343531 in reply to 1343230

    Re: Hearing at 11:30AM tomorrow on Williams'

    major issues that the players have to over come;

    -proof it was not used as a masking agent

    -they are viking players and kory stringer died from these type of meds

    -they know the rule that states what they take is their responsiblity not the leagues, per the CBA

    -if the league allows these guys to get off, what about all the players that lost pay in prior positive tests

    -how does the league go forward with a enforcement policy if they let people off for the "i did not know" complaint


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  •  12-04-2008, 9:55 PM 1343548 in reply to 1343531

    Re: Hearing at 11:30AM tomorrow on Williams'

    They will eventually lose the appeal, it is just a question of whne the suspension is served.  The only hope that they players have is that the judge rules that the suspensions should be delayed until the other case filed by the NFLPA is settled.  More or less, think of it as feezing of assets in a divorce case. 

    many times the courts will freeze a couples assets during a divorce proceedings so that one of the two do not take off with the family's wealth.  This is kind of similar.  The court may rule to hold off on the suspensions until all the legal proceedings can take place, which may be weeks or months.  That is the players only hope, to dely the inevitable.

    ultimately, in a CBA, the rules are set forth and agreed by both sides.  Only in the case of gross neglegance can it be over turned (which is what the players are shooting for).  It is just that gross neglegance is very hard to prove.  There is so much that needs to go into it, that it is hard to prove.

  •  12-04-2008, 10:15 PM 1343561 in reply to 1343266

    Re: Hearing at 11:30AM tomorrow on Williams'

    SAYERS5140:

    Judge blocks suspensions of Vikings' 'Williams Wall'

    December 4, 2008

    A Minnesota judge on Wednesday temporarily blocked the NFL's suspension of Vikings stars Kevin and Pat Williams for violating the league's anti-doping policy, but the players' status for Sunday's game at Detroit remained uncertain.

    Hennepin County District Judge Gary Larson issued the temporary restraining order at the players' request, saying he wanted more time to hear arguments in the case. No further hearing date immediately was set.

    The Williamses were among six players suspended for four games for testing positive for a diuretic that can be used as a masking agent for steroids. They have argued that the substance containing the diuretic didn't list all its ingredients, and that league scientists and lawyers had information about the substance but withheld it from players.

    The NFL argues that the league's policy on banned substances is collectively bargained with the players' association and that players are responsible for what is in their bodies.

    ''This is one of the more difficult cases I've had in 23 years,'' Larson said before signing the order. ''If I make a mistake, I've got to decide on a temporary basis which side I'm able to make the mistake on.''

    Larson said he would make himself available to reconsider the issue ''as quickly as you'd like me to hear it.'' He also said he expected lawyers for the NFL, who participated in the hearing by phone, would take the issue to federal court in Minneapolis to get the suspensions reinstated.

    ''There is no merit to this lawsuit, and we will promptly seek to have the order reversed,'' the NFL said in a statement.

    Kevin and Pat Williams, who are not related, sat in the courtroom with their lawyers for the hearing, which lasted more than two hours. Both declined comment afterward.

    ''They'll get back and get their playbooks and start focusing on Detroit,'' their attorney, Peter Ginsberg, said after the hearing.

     

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  •  12-04-2008, 11:20 PM 1343595 in reply to 1343248

    Re: Hearing at 11:30AM tomorrow on Williams'

    SVBearsfan:
    I doubt there will be an immediate ruling, which means the fat boys will be playing against Detroit.  JMO.

    .


    That would be hilarious to. If the Queens make the playoffs they sit the opening game.
  •  12-04-2008, 11:32 PM 1343605 in reply to 1343248

    Re: Hearing at 11:30AM tomorrow on Williams'

    SVBearsfan:
    I doubt there will be an immediate ruling, which means the fat boys will be playing against Detroit.  JMO.

    .


    I agree they will be playing but only because they wont be suspended!!! Lets get this the right way and earn it or all we will hear is we got in because the Williams wall was down! Nah man we want them to play trust me!
  •  12-05-2008, 6:20 AM 1343730 in reply to 1343820

    Another Williams ruling due today -10:30 dockett

    Another Williams ruling due today

    if (SITELIFE_ENABLED == true){ gSiteLife.Recommend("ExternalResource", "1315603,CST-SPT-nflnt05", "http://www.suntimes.com/sports/football/1315603,CST-SPT-nflnt05.article"); }//if true Comments

    December 5, 2008

    Minnesota's ''Williams Wall'' has been rebuilt, for now, even if it might have to be taken down again.

    Kevin Williams and Pat Williams, their four-game suspensions temporarily overturned in court, resumed their places in the middle of the Vikings' defensive line for Thursday's practice while the team worked toward Sunday's game against the winless Detroit Lions.

    Veteran wide receiver Robert Ferguson was waived to clear room on the roster; the Vikings were one over the 53-man limit following the suspensions and subsequent signing of defensive tackle Jimmy Kennedy.

    Still, things weren't quite back to normal. A federal judge will be asked to decide today whether the Williamses -- and three New Orleans Saints players -- should be allowed to play this weekend in spite of the NFL's ruling they violated the league's anti-doping policy.

    The Williamses and the NFL Players Association are fighting the punishment in separate lawsuits, claiming weight-loss pills they took weren't properly labeled.

    ''I think the league is kind of too tough on us sometimes,'' Vikings defensive tackle Ellis Wyms said. ''It's kind of sad how the league kind of attacks us and fines us and kind of takes from their livelihood. ... it's just silly and stupid to me.''

    PIERCE TO TALK: Antonio Pierce and the doctor who treated his New York Giants teammate Plaxico Burress after he accidentally shot himself at a nightclub will talk to investigators today.

    Pierce and Dr. Josyann Abisaab will be accompanied by their lawyers when they meet with the authorities, NYPD Deputy Commissioner for Public Information Paul Browne said.

    The authorities are especially interested in why neither Pierce, who drove Burress to a hospital, nor Abisaab called police to report the shooting. Abisaab since has been suspended for not reporting the gunshot injury, as required by law.

    Police are trying to determine if Pierce tried to cover up the shooting. They say Pierce returned to New Jersey with Burress' gun in the glove compartment of his Cadillac Escalade, and investigators have impounded the SUV to search it for blood or gun residue.

    Michael Bachner, Pierce's attorney, said Pierce was caught off guard early Saturday when Burress somehow fumbled his gun -- a .40-caliber Glock -- in the VIP section of a Manhattan nightclub and it discharged, hitting his right thigh. "He had no idea Plaxico had a weapon,'' Bachner said.

    Bachner also said Pierce would cooperate with authorities and testify before a grand jury if asked.

    JETS' ELLIS ARRESTED: New York Jets defensive end Shaun Ellis was arrested and charged with possession of marijuana, speeding and driving without insurance after being pulled over by police last weekend.

    Ellis, the Jets' longest-tenured player, was stopped Saturday in Hanover, N.J., after speeding, the Daily Record of Morris County reported on its Web site. Ellis played the day after the arrest in a 34-17 loss to Denver, and a Jets spokesman confirmed he will play Sunday at San Francisco.

    NOTES: The New Orleans Saints -- the Bears' opponent next Thursday night at Soldier Field -- placed safety Kevin Kaesviharn on injured reserve, ending his season. Kaesviharn has a neck injury, and the Saints filled his roster spot by signing linebacker Tearrius George off Dallas' practice squad.

    • • Former Detroit Lions wide receiver Charles Rogers is being held in the Oakland County (Mich.) Jail on $100,000 bond for a probation violation. Rogers, 28, who has been locked up since Wednesday, reportedly was arrested Sept. 12 following an incident involving him and a woman; he later was charged with assault and battery, pleaded no contest to a reduced charge of trespassing and was sentenced to probation and partial confinement.

    AP


    “All I was trying to say is, we’ve got Chicago fans coming down, there’s going to be a lot of them, they get excited for their football team, they get excited to come to the game. So, in turn, them coming to the game brings a football atmosphere that I’m used to, and that gets me excited . ..richie incognito
  •  12-05-2008, 6:23 AM 1343733 in reply to 1343820

    Re: Another Williams ruling due today -

    Judge may decide on Vikings' Williamses today

    A federal judge in St. Paul will hear the case today on whether Kevin and Pat Williams, along with three Saints players, will be allowed to play this weekend.

    Last update: December 5, 2008 - 12:08 AM

    Whether Vikings stars Kevin and Pat Williams suit up for the final four weeks of the season could be decided in a St. Paul courtroom today.

    Two separate actions regarding the playing status of the two Pro Bowl defensive tackles, who were suspended four games by the NFL on Tuesday for using a banned diuretic, are on the docket for a 10:30 a.m. hearing before U.S. District Court Judge Paul Magnuson.

    The NFL seeks to dissolve a temporary restraining order obtained Wednesday by the Williamses that allows them to play.

    The NFL Players Association joined in the action and filed a lawsuit to block the suspension of the Williamses and three other players. The union is hoping the judge issues an order allowing the five to play. The NFLPA lawsuit argues the players' careers are "short and precarious so that being denied the opportunity to play in games is an irreparable harm which cannot be compensated with monetary damages."

    That suit was filed on behalf of the Williamses, who are not related, and New Orleans Saints players Charles Grant, Deuce McAllister and Will Smith. The five players took a weight-loss supplement called StarCaps. The supplement contained the banned product bumetanide, which was not listed as an ingredient. The players claim the league has known about the presence of bumetanide in StarCaps since 2006 and failed to warn its players.

    The NFL, which maintains a list of approved products, has steadfastly claimed it is not obligated to issue warnings about specific products that are not on that list.

    The Williamses practiced with the Vikings on Thursday but were not available for comment.

    NFL lawyers were able to move a lawsuit filed by the Williamses seeking unspecified damages to federal court. In connection with that suit, the tackles obtained a restraining order Wednesday from Hennepin County District Court Judge Gary Larson. The order allowed the two to return to practice pending a more extensive hearing.

    Now the NFL wants Magnuson to set aside Larson's order and keep the players out of the remaining four games. The league rejects the players' claims that the harm to them from the suspensions is greater than that to the NFL.

    To the contrary, the players' "concerns about having to serve a four-game suspension are far outweighed by the interest of the National Football League, as well as their fans and the general public, in the effective and consistent enforcement of the [drug] policy," the league's memo said.

    The 36-page memo notes the policy on anabolic steroids and related substances was the result of collective bargaining between the NFL and the NFLPA, so legal actions are preempted by the binding arbitration. The NFL policy prohibits steroids, growth hormones and other similar substances, but also blocking or masking agents, including diuretics.

    The memo notes the policy clearly states "a positive test will not be excused because it results from the use of a dietary supplement, rather than from the intentional use of a prohibited substance. Players are responsible for what is in their bodies."

    Two attachments to the policy also address nutritional supplements, warning players they are not regulated by the government and might not contain the ingredients listed on the packaging, the memo said. Players received a letter from the league and the union warning that if they take supplements, "you do so at your own risk!"

    But in the lawsuit filed by the union, the NFLPA argues that the NFL withheld critical information about StarCaps containing bumetanide.

    "This failure to disclose and willful concealment was an unconscionable breach of public policy," the lawsuit said.

    The lawsuit noted that one of the primary reasons for the drug policy is the potential adverse health effects associated with prohibited substances.

    "Had the players been informed that StarCaps contained a banned substance by ... any NFL official, they would not have taken it, would not have risked their health, and would not have been suspended," the lawsuit said.

    The union lawsuit also claims the arbitrator in the proceedings against the players -- Jeffrey Pash, the NFL's executive vice president -- was "fatally biased" because of the direct involvement of his subordinate, Adolpho Birch, the league's vice president of law and labor policy. Birch is in charge of overseeing the drug policy.

    The union lawsuit does not include Houston Texans long snapper Bryan Pittman, who was also suspended Tuesday. David Cornwell, Pittman's lawyer, told the Associated Press that his client isn't included because his circumstances "differ substantially from the men who used StarCaps."


    “All I was trying to say is, we’ve got Chicago fans coming down, there’s going to be a lot of them, they get excited for their football team, they get excited to come to the game. So, in turn, them coming to the game brings a football atmosphere that I’m used to, and that gets me excited . ..richie incognito
  •  12-05-2008, 7:06 AM 1343767 in reply to 1343820

    Re: Another Williams ruling due today -

    ++

    NFL lawyers were able to move a lawsuit filed by the Williamses seeking unspecified damages to federal court. In connection with that suit, the tackles obtained a restraining order Wednesday from Hennepin County District Court Judge Gary Larson. The order allowed the two to return to practice pending a more extensive hearing.

    Now the NFL wants Magnuson to set aside Larson's order and keep the players out of the remaining four games. The league rejects the players' claims that the harm to them from the suspensions is greater than that to the NFL.

    To the contrary, the players' "concerns about having to serve a four-game suspension are far outweighed by the interest of the National Football League, as well as their fans and the general public, in the effective and consistent enforcement of the [drug] policy," the league's memo said.

    The 36-page memo notes the policy on anabolic steroids and related substances was the result of collective bargaining between the NFL and the NFLPA, so legal actions are preempted by the binding arbitration. The NFL policy prohibits steroids, growth hormones and other similar substances, but also blocking or masking agents, including diuretics.++

     

    Just can't understand how the league will not win today, its a collectively barganed agreement, that if the union doesn't like it, can ask for a different set of rules and panels, in the next CBA... but they signed off on teh current system already


    “All I was trying to say is, we’ve got Chicago fans coming down, there’s going to be a lot of them, they get excited for their football team, they get excited to come to the game. So, in turn, them coming to the game brings a football atmosphere that I’m used to, and that gets me excited . ..richie incognito
  •  12-05-2008, 7:22 AM 1343782 in reply to 1343820

    Re: Another Williams ruling due today -

    dbears54:

     Just can't understand how the league will not win today, its a collectively barganed agreement, that if the union doesn't like it, can ask for a different set of rules and panels, in the next CBA... but they signed off on teh current system already



    These 2.5 lines dbears54 is what many people are wondering.This whole fiasco is made to cause drama.Suspensions should have been given out earlier.This whole excuse rant "ohhhh i didnt know".

    Sure Starcaps wasnt on the list but it certainly wasnt on the "to do list".

    Hopefully justice wont be blind in this case.I guess we'll know more in 4-5 hours