NFLPA makes appeal on behalf of players

The NFL Players Association made its appeal in federal court Tuesday on behalf of suspended Saints players Charles Grant and Will Smith, former Saints running back Deuce McAllister and Minnesota Vikings defensive tackles Pat Williams and Kevin Williams. Although their chances of winning the appeal appear slim, the players are hoping to overturn the summary judgment made by U.S. District Judge Paul Magnuson in May. The case had been set to go to trial June 15, but Magnuson issued his decision after reviewing pretrial motions and hearing arguments from both sides. He upheld the NFL's four-game suspension of the players, all of whom tested positive last summer for a banned diuretic, bumetanide, in the StarCaps saga. The 8th Circuit Court of Appeals in St. Paul, Minn., heard 30-minute arguments from attorneys representing the players and the NFL on Tuesday. No timetable was set for a decision, but a ruling will likely be made before the suspensions are scheduled to go into effect at the start of the regular season. "The NFLPA is asking for the district court's summary judgment in favor of the league to be overturned and for a judgment to be entered in favor of the players, which would allow them to play this year," said attorney Jeffrey Kessler, who represents the players association. Even with the appeal pending, the Saints , Smith and Grant seemed resigned to the fact that the players will miss the first four games of the season -- vs. Detroit, at Philadelphia, at Buffalo and vs. the New York Jets. The players, who would not count against the 53-man roster while they're out, would be eligible to return in Week 5, a bye week for the Saints . Their first game back would be against the New York Giants at the Superdome in Week 6. The Vikings' players have more reason for hope because of specific Minnesota drug-testing laws that they have accused the NFL of violating. Magnuson remanded those claims to state court in May, and a state trial likely would not take place until after this season -- allowing the Williamses to play in the meantime. The NFL is trying to have that decision overturned in the appeals court. NFL attorney Daniel Nash said Tuesday that the league's anti-doping policy is a product of the league's collective bargaining agreement with the players union, which is governed by federal law, which pre-empts state statutes. Diuretics are banned by the NFL because they can mask steroid use, but the players all claim that their positive tests stemmed from an unlisted ingredient in an over-the-counter weight loss product -- StarCaps. The NFL did not dispute the players' claim, but it maintained that the players were responsible because they are repeatedly warned against taking such supplements, which the league says are not regulated and are often contaminated. The players further argued that the NFL specifically knew that the StarCaps product was tainted and failed to warn players properly. They also argue that the league-appointed arbitrator who ruled on their suspensions, NFL attorney Jeffrey Pash, had a conflict of interest. Magnuson's written ruling in May said the NFL's policy "is unequivocal: Players are responsible for what is in their bodies, and inadvertent ingestion of a banned substance will not excuse a positive test result." Although Magnuson suggested that the NFL's decision to not warn players about StarCaps was "baffling," he said it was not the league's responsibility to do so. "NFL players are adults," Magnuson wrote. "They are warned repeatedly not to take dietary supplements and that such supplements may cause a positive test for a banned substance." Two other Saints players -- -- guard Jamar Nesbit and running back Lynell Hamilton -- served four-game suspensions last season after testing positive for a banned diuretic. Nesbit's positive test also came from StarCaps, but he did not appeal the ruling. Hamilton tested positive for a different diuretic. Saints kicker Garrett Hartley also is scheduled to serve a four-game suspension at the start of this season after he tested positive for the banned stimulant, Adderall, which he said he took to stay alert on a drive from Dallas to New Orleans this offseason. Hartley said he was not aware the drug was banned by the NFL, but he accepted the blame and the suspension. . . . . . . . Mike Triplett can be reached at mtriplett@timespicayune.com or 504.826.3405.