On July 1, 2016, Judge Alsup issued an Order in the NFL Drug Litigation DENYING the Clubs’ attempt to dismiss the case. Judge Alsup found that the CBAs do not immunize the Clubs from their allegedly illegal activity.<\/p>\n
So too here. Plaintiffs allege that the clubs made intentional misrepresentations to\u00a0plaintiffs regarding medications in violation of the Controlled Substances Act and the Food,\u00a0Drug, and Cosmetic Act. Because the CBAs could not have validly sanctioned the\u00a0indiscriminate distribution of medications in violation of these statutes, the terms of the CBA\u00a0need not be construed. The statutory prohibition against such conduct stood independently\u00a0from any CBA. Galvez v. Kuhn, 933 F.2d 773, 777 (9th Cir. 1991). Moreover, Section 301\u00a0does not preempt claims to \u201cvindicate nonnegotiable state law rights.\u201d Cramer, 255 F.3d at\u00a0697. Therefore, plaintiffs\u2019 claims are not preempted under Section 301. The motion to dismiss\u00a0on the basis of preemption is therefore DENIED.<\/p><\/blockquote>\n
This is a significant victory for former players. It now opens the door to discovery and puts tremendous pressure on the NFL and Clubs.<\/p>\n