AP: NFL appealing StarCaps case to US Supreme Court

[Omaha Steve]

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May 13, 3:24 PM EDT

NFL appealing StarCaps case to US Supreme Court

MINNEAPOLIS (AP) -- The NFL is asking the U.S. Supreme Court to overturn decision that allowed Minnesota Vikings defensive linemen Kevin and Pat Williams to challenge their four-game suspensions for violating the league's anti-drug policy.

The NFL cited the National Labor Relations Act in its filing on Thursday, saying its collective bargaining agreement with the players' union protects its drug policy from lawsuits in state courts.

The Williamses tested positive in 2008 for a banned diuretic, bumetanide, that was not listed as an ingredient on the label for the weight-loss supplement StarCaps. The diuretic is not a steroid, but the league said it can be used as a masking agent for performance-enhancing drugs and therefore is not allowed.

The players sued to block their suspensions, saying the NFL broke Minnesota labor law in applying its drug policy. The NFL wants the Supreme Court to overturn a federal judge's decision last year that sent the case to state court.

An attorney for the Williamses, Peter Ginsberg, said he wasn't worried about the appeal.

"We are confident that the 8th Circuit Court of Appeals thoroughly and correctly analyzed the pre-emption issues," he said. "We are also confident that the decision upholding the principle that the NFL is obligated to abide by the law of states where it does business - as are all other multistate entities - is consistent with the jurisprudence and important pillars of our system of justice."

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