United States Eighth Circuit

In an action for breach of a collective bargaining agreement between the NFL and the NFL players' union based on drug testing issues, the district court's order concluding that the Minnesota statutory claims alleged by football players against the NFL were not preempted by section 301 of the Labor Management Relations Act is affirmed, where: 1) the district court had no need to consult the collective bargaining agreement (CBA) in order to resolve the players' Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA) claim; 2) the NFL's defenses to liability under the Minnesota Consumable Products Act (CPA) were not relevant to the Section 301 analysis; and 3) the NFL did not demonstrate that, by agreeing to be bound by the CBA, the players waived their rights under the CPA.

Appellate Information

• Decided 09/11/2009
• Published 09/11/2009

Judges

• SHEPHERD, Circuit Judge., Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Clifford M. Greene, argued, Minneapolis, MN (John M. Baker, Antone M. Melton-Meaux, Robin M. Wolpert, Minneapolis, MN, Jeffrey L. Kessler, David G. Feher, David Greenspan, New York, NY, on the brief), for Appellant in 09-2249., Howard L. Gantz, Neil H. Abramson, Patrick J. Lamparello, New York, NY, on the brief, on behalf of Amici Curia parties MLB, NBA, and NHL, (in support of Appellants)., Richard R. Young, Daniel J. Dunn, Brent E. Rychener, Colorado Springs, CO, on the brief, on behalf of Amici Curia party United States Anti-Doping Agency.


• For Appellees:
  
• Daniel L. Nash, argued, Washington, DC (Duncan Stevens, Patricia A. Millett, Marla S. Axelrod, Monica P. Sekhon, Washington, DC, Joseph G. Schmitt, Peter D. Gray, Minneapolis, MN, on the brief), for Appellants/Cross-Appellees., Peter R. Ginsberg, argued, New York, N.Y. (Ronn B. Kreps, Minneapolis, MN, on the brief), for Appellees/Cross-Appellants.