Williams v. National Football League
Decision Date | 11 September 2009 |
Docket Number | No. 09-2462.,No. 09-2247.,No. 09-2249.,09-2247.,09-2462.,09-2249. |
Citation | 582 F.3d 863 |
Parties | Kevin WILLIAMS; Pat Williams, Plaintiffs-Appellees/Cross Appellants, v. NATIONAL FOOTBALL LEAGUE; John Lombardo, M.D., Defendants-Appellants/Cross Appellees, Brian Finkle, Defendant, Adolpho Birch, Defendant-Appellant/Cross Appellee. National Basketball Association; National Hockey League; United States Anti-Doping Agency; Major League Baseball, Amici on behalf of Appellant. National Football League Players Association, Plaintiff-Appellant, v. National Football League; National Football League Management Counsel, Defendants-Appellees. |
Court | U.S. Court of Appeals — Eighth Circuit |
Peter R. Ginsberg, argued, New York, N.Y. (Ronn B. Kreps, Minneapolis, MN, on the brief), for Appellees/Cross-Appellants.
Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.
In these consolidated appeals, the National Football League (NFL), Dr. John Lombardo, Independent Administrator of the Policy on Anabolic Steroids and Related Substances, and Adolpho Birch, the NFL's Vice President of Law and Labor Policy, appeal the district court's1 order, concluding that the Minnesota statutory claims alleged by Kevin Williams and Pat Williams of the Minnesota Vikings (collectively, "the Players") are not preempted by section 301 of the Labor Management Relations Act ("section 301" or "LMRA"), 29 U.S.C. § 185. The Players cross-appeal the district court's order concluding that their Minnesota common law claims are preempted by section 301. In addition, the National Football League Players Association (the "Union"), the certified collective bargaining representative of all NFL players, appeals the district court's order confirming the arbitration awards which upheld the Players' suspensions. We affirm in all respects.
The NFL is an unincorporated association of member clubs which own and operate professional football teams. The NFL promotes, organizes, and regulates professional football in the United States. Players in the NFL enter into a contract with a member club, not the NFL. NFL Players Association, NFL Collective Bargaining Agreement 2006-2012, App. C at 248 (2006) [hereinafter CBA]. On March 8, 2006, the National Football League Management Council (NFLMC), which is the sole and exclusive bargaining agent of the member clubs, and the Union entered into the NFL Collecting Bargaining Agreement 2006-2012 (the "CBA"). The CBA expressly incorporates the Policy on Anabolic Steroids and Related Substances (the "Policy").2 Id. art. XLIV, § 6(b). The CBA provides that "all players, Clubs, the [Union], the NFL and the [NFLMC] will be bound hereby." Id. art. II, § 1.
The Policy "is conducted under the auspices of the [NFLMC]." NFL Players Association, National Football League Policy on Anabolic Steroids and Related Substances, § 2 (2008) [hereinafter Policy]. It is "directed" by Dr. Lombardo as "Independent Administrator." Id. The Policy also provides for a "Consulting Toxicologist," Dr. Bryan Finkle. Id. The Policy bans NFL players from using a number of "Prohibited Substance[s]," including "`blocking' or `masking' agents[,]" such as "diuretics or water pills, which have been used in the past by some players to reach an assigned weight." Id. § 8. The Policy addresses the consequences of a player's "[u]nknowing [a]dministration of [p]rohibited [s]ubstances." Id. § 3(E). It adopts a rule of strict liability under which "[p]layers are responsible for what is in their bodies," and explains that "a positive test result will not be excused because a player was unaware he was taking a Prohibited Substance." Id. Section eight of the Policy, entitled "Masking Agents and Supplements," states that "a positive test result will not be excused because it results from the use of a dietary supplement, rather than from intentional use of a Prohibited Substance." Id. § 8.
"Players with a confirmed positive test result will be subject to discipline by the Commissioner as outlined in the Policy...." Id. § 6. "The first time a player violates this Policy by testing positive [for a banned substance] ... he will be suspended without pay for a minimum of four regular and/or postseason games." Id. Players subject to disciplinary action may appeal to an arbitrator, who is "either the Commissioner or his designee," and whose decision "constitute[s] a full, final, and complete disposition of the appeal" that is "binding on all parties." Id. § 10.
Appendix F to the Policy, a joint letter from the Union and the NFL entitled "Use of Supplements," warns that, because dietary "supplements are not regulated ... by the government," there is "no way to be sure" that supplements "contain the ingredients listed on the packaging[.]" Id. App. F. The letter "strongly encourage[s] [players] to avoid the use of supplements altogether," and warns that, "if you take these products, you do so AT YOUR OWN RISK!" Id. The letter advises that "several players have been suspended even though their positive test result may have been due to the use of a supplement" and that "if you test positive or otherwise violate the Policy, you will be suspended" because "[y]ou and you alone are responsible for what goes into your body." Id. Appendix G to the Policy, entitled "Supplements," is a memorandum from Dr. Lombardo which states, "If you take supplements that contain a substance that violates the [P]olicy it will subject you to discipline[,]" and, "[m]ore importantly, you run the risk of harmful health effects associated with their use." Id. App. G.
Players may contact the "NFL Dietary Supplement Hotline" to obtain "confidential and accurate information about these products, including their ingredients, effects[,] and adverse reactions." (No. 09-2249, Defs.-Appellees' Supp.App. 5.) The memorandum announcing the hotline provides: "Although we strongly discourage the use of supplements for many reasons, we understand that an informed decision is the best one." (Id.) The memorandum goes on to caution players, stating, (Id.)
In 2006, several NFL players tested positive for bumetanide,3 a prescription diuretic and masking agent that is banned under the Policy. Policy App. A(II)(A). When Dr. Lombardo was alerted to a possible connection between the positive results for bumetanide and StarCaps, a dietary supplement, he informed Dr. Finkle. The StarCaps label does not disclose bumetanide as an ingredient. Dr. Finkle asked Dennis Crouch, Director of the Sports Medicine Research Testing Laboratory, to analyze StarCaps. On November 14, 2006, Crouch emailed Dr. Finkle and Dr. Lombardo, informing them that StarCaps contained bumetanide. Birch was also made aware of this.
On December 19, 2006, the NFLMC sent a memorandum to the presidents, general managers, and head athletic trainers of all NFL teams entitled "Dietary Supplement Endorsement Prohibition." (Id. at 6.) The memorandum provides: "Effective immediately, please be advised that Balanced Health Products, which distributes StarCaps, has been added to the list of companies with which player endorsements or other business relationships are prohibited." (Id.) The memorandum does not state StarCaps was banned under the Policy, that StarCaps contained bumetanide, or that StarCaps contained any banned substance. (See id.)
On December 20, 2006, Stacy Robinson, the Union's Director of Player Development, sent a memorandum to all NFL agents. (Id. at 7.) The memorandum states: (Id.)
Dr. Lombardo did not refer any player who tested positive for bumetanide in 2006 for discipline. Sometime in late 2006 or 2007, Birch communicated with Dr. Lombardo about Dr. Lombardo's duties under the Policy. Birch informed Dr. Lombardo that if a player tested positive for a banned substance then, assuming the player had no therapeutic reason to be taking the banned substance, the player must be referred to the NFL for discipline.
In July and August 2008, players in the NFL submitted to random testing for steroids and other substances in accordance with the Policy. In total, five players — Kevin Williams and Pat Williams of the Minnesota Vikings, and Charles Grant, Deuce McAllister, and Will Smith of the New Orleans Saints — tested positive for bumetanide. In late September and early October 2008, all of the players were advised by letter that their positive results were a violation of the Policy and that a suspension without pay of four games was being imposed for the violations. Pursuant to the Policy, all five players appealed their suspensions, and their appeals were consolidated.
Beginning on October 23, 2008, Jeffrey Pash, Vice President and General Counsel of the NFL, met with representatives of the Vikings three times "in the context of what [he...
To continue reading
Request your trial-
Pia v. URS Energy & Constr., Inc.
...of a CBA and ‘that the pre-emptive force of [section] 301 extends beyond state-law contract actions.’ " Williams v. Nat'l Football League , 582 F.3d 863, 873–74 (8th Cir. 2009) (alteration in original) (citations omitted). Thus, section 301 completely preempts state law "claims founded dire......
-
Atwater v. Nat'l Football League Players Ass'n
...Express, Inc., 60 F.3d 1551, 1556 (11th Cir.1995). It is Defendants' burden to establish § 301 preemption. See Williams v. Nat'l Football League, 582 F.3d 863, 880 (8th Cir.2009), cert. denied, 2010 WL 1940794 (U.S. Nov. 8, 2010). In determining whether § 301 preempts Plaintiffs' state-law ......
-
Pharm. Care Mgmt. Ass'n v. Wehbi
...arguments that Medicare Part D preempts the provisions at issue here. Once again, PCMA bears the burden of proving preemption. See Williams, 582 F.3d at 880. First, PCMA argues that 42 U.S.C. § 1395w-104(b)(1)(A) and its associated regulations establish a standard that preempts the challeng......
-
Cnh Am. Llc v. Int'l Union
...is not preempted even when damages are calculated by looking to a collective bargaining agreement. See, e.g., Williams v. Nat'l Football League, 582 F.3d 863, 876–77 (8th Cir.2009); Valles v. Ivy Hill Corp., 410 F.3d 1071, 1082 n. 13 (9th Cir.2005). Long after the Rule 12(b)(6) stage of thi......
-
Section 49 Vacating Arbitration Awards
...the court in Mead determined that there was insufficient evidence to establish arbitrator bias.In Williams v. National Football League, 582 F.3d 863 (8th Cir. 2009), the Eighth Circuit rejected arguments that an arbitrator’s award was tainted by evident partiality because the arbitrator had......