Ex-NFL players’ suit over alleged doping dismissed again

U.S. District Judge William A. Alsup has again dismissed a lawsuit against the NFL by nine former players who claimed they were given drugs that got them addicted and caused other health problems.

A 9th U.S. Court of Appeals panel affirmed a defense verdict on two of the plaintiffs' claims but sent the lawsuit back to Alsup in August to determine whether the claims were preempted by the Labor Management Relations Act.

But in a Friday ruling, the San Francisco based federal judge concluded the former players' claims "are barred by the relevant statutes of limitations, fail for insufficient proof of causation, or are preempted by Section 301 of the Labor Management Relations Act." Dent et al. v. National Football League, 14-CV-02324 (N.D. Cal., filed May 20, 2014).

The former players, led by lead plaintiff Richard Dent, sued the league in 2014, claiming in a putative class action that they were injured after being given controlled substances under a "return to play" business plan to boost profits.

William N. Sinclair, an attorney with Silverman Thompson Slutkin White LLC who represents the players, could not be reached by phone or message on Wednesday regarding Alsup's ruling.

"The NFL supported a culture that provided each of the named players with thousands of dangerous and powerful drugs over their careers," Sinclair wrote in a brief opposing summary judgment.

"To avoid liability for their decadeslong voluntary negligence, the NFL contends that, as a matter of law, the massive volume of drugs given to plaintiffs did not cause the exact conditions that the NFL knew or should have known would result from abuse of those drugs," he added.

Jack P. DiCanio, an attorney with Skadden, Arps, Slate, Meagher & Flom and Associates who represents the NFL, countered that all the claims are preempted or time-barred, in part because decisions were made by teams -- not the league.

"At a minimum, this inquiry requires a determination of whether the NFL's alleged failure to impose rules limiting whether and when club doctors may prescribe certain painkilling medications to players conflicts with the CBA's long-standing rule that only club medical staff can undertake such medical care and make corresponding 'return to play' decisions," he wrote.