Former Football Players Fight Back, Tell Ninth Circuit That NFL Was Directly Involved in Painkiller Lawsuit

In a lawsuit where former NFL players accused the league of doping them with amphetamines and painkillers, the players have responded to the NFL’s effort to end their appeal in the Ninth Circuit. As we reported earlier, former Chicago Bears players Richard Dent and Jim McMahon sued the NFL in 2014, claiming that the league facilitated the use of opioids, anesthetics, and drugs like Toradol without prescriptions, violating the Controlled Substances Act. While their lawsuit was initially dismissed by a district court for being preempted…
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NFL Tells Ninth Circuit to End Painkiller Class Action Lawsuit

The NFL argued to the Ninth Circuit that the lawsuit from former players should be dismissed, as it was individual teams, not the league, that supplied the players with amphetamines and painkillers. In 2014, former Chicago Bears players Richard Dent and Jim McMahon sued the NFL, claiming that teams frequently use opioids, anesthetics, and anti-inflammatory drugs like Toradol. They alleged that such drug use often does not require prescriptions and that the teams do not take into account medical history or potentially fatal interactions with…
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Lane Johnson Fights to Keep Suit Against NFL and NFLPA Alive

On January 16, 2019, Lane Johnson, a right tackle for the Philadelphia Eagles, fought a motion for summary judgment in his case against the NFL and the NFLPA. Johnson argues that an arbitrator who handled an appeal in his 10-game Performance Enhancing Drug policy suspension, failed to disclose a conflict of interest. Back in 2016, Johnson filed his lawsuit after an arbitration proceeding which upheld his 10-game suspension for violating the NFL’s performance-enhancing drugs policy. Johnson alleges that James Carter, an arbitrator and senior counsel…
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NFL and Players Union Defends Drug Testing of Eric Reid

A joint statement co-authored by the National Football League and its players union defended the decision to administer a series of drug tests to the Panthers’ Eric Reid, reiterating the organization’s ban against performance-enhancing drugs and stating that Reid was not singled out in the testing process. Reid had claimed that the NFL and its team had colluded against him in an effort to dissuade him from protesting the national anthem. Reid, a former San Francisco 49er, was one of the first players to kneel…
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Lane Johnson Fights to Keep Lawsuit Alive

On November 19, 2018, Philadelphia Eagles right tackle, Lane Johnson, wrote two letters to Judge Sullivan regarding his lawsuit against the NFL and the NFL Players Association (“NFLPA”). As we have previously reported, in 2016, Johnson was hit with a 10-game drug suspension for his alleged use of performance enhancing drugs. In response, Johnson filed a lawsuit against the NFLPA, arguing that the NFLPA’s inactions caused his suspension. Specifically, Johnson sued the NFL and the NFLPA for allegedly failing to follow the collective bargaining…
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NFL Painkiller Class Action Resurrected by 9th Circuit

The U.S. Court of Appeals for the 9th Circuit has reversed a lower court’s dismissal of a class action filed by former NFL players, sending the case back to federal court. The suit claims the NFL encouraged players to abuse painkillers, including opioids. In 2014, the lower court sided with the NFL, holding that the claims were preempted by the Labor Management Relations Act and the Collective Bargaining Agreement (CBA) between the NFL team owners and athletes. Now, however, the 9th Circuit has…
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Ryan Lochte Facing 14-Month Suspension for IV Infusion

12-time U.S. Olympic gold medalist, Ryan Lochte, is currently facing a 14-month suspension for violating World Anti-Doping Agency regulations. The unintended reprieve comes at the swimmer’s own hand – his suspension is a direct response to his social media post, which showed him receiving an intravenous infusion. The photo came to the attention of the U.S. Anti-Doping Agency (USADA), which became suspicious and launched an investigation, ultimately finding that although the substances comprising the treatment were permissible, the volume of the substance exceeded the permissible…
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Vijay Singh Moving Closer to Trial on Opposition of Doping Suspension

In September 2017, the Sports and Entertainment Law Insider reported that Vijay Singh’s lawsuit against the PGA Tour was heading for trial. That conclusion became clearer as a
New York appellate court affirmed a decision to deny the PGA Tour’s motion for summary judgment on Thursday, June 21, 2018. Singh was suspended by the PGA in 2013 for allegedly violating the tour’s anti-doping policy. Believing he was abiding by all rules, Singh discussed using deer-antler spray to aid pain in a Sports Illustrated article. Singh…
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Bases Loaded for Court of Arbitration for Sport

The Court of Arbitration for Sport (CAS) has seen a remarkable number of cases since opening at the 2016 Olympic Games. In the week since opening, the division has already registered 11 cases, matching the total number of cases evaluated during the entire 2012 Olympic Games. Although CAS has been busy so far, it is not unexpected. The origination of many disputes is related to Russian athletes and whether or not they were allowed to compete in the Rio de Janeiro games. In response to…
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Russian Track & Field Team Banned from Rio Olympics in Unprecedented Decision

In an unprecedented decision, the International Association of Athletics Federations (IAAF) announced on Friday, June 17, 2016, that Russia and the Russian Athletics Federation has failed to show enough progress to warrant lifting the November 2015 provisional doping scandal suspension. Although the International Olympic Committee (IOC) will make the final call about Russian’s participation in the Rio Olympics, the decision bars the team from competition. The track-and-field team was provisionally banned from competition following a 2015 report from the World Anti-Doping Agency (WADA). WADA’s report…
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