Judge dismisses players' painkiller lawsuit, says resolution should take place through CBA

A federal judge dismissed a lawsuit by 1,300 former players against the NFL, writing that the collective bargaining agreement between the league and the union was the appropriate forum to resolve claims that teams damaged the players by routinely dispensing painkillers.

"In ruling against the novel claims asserted herein, this order does not minimize the underlying societal issue," Judge William Alsup of the U.S. Northern District in California wrote yesterday. "In such a rough-and-tumble sport as professional football, player injuries loom as a serious and inevitable evil. Proper care of these injuries is likewise a paramount need."

Last month, Alsup asked the NFL Players Association to state its position on the lawsuit. The union responded that the collective bargaining agreement did not provide a mechanism to file grievances over the handling of painkillers on behalf of former players.

Alsup ruled the other way, agreeing with the NFL's argument that the lawsuit was pre-empted by the collective bargaining agreement. He wrote that no court has ruled that a pro league must police its independent clubs on health and safety issues.

"We were surprised and disappointed by this judge's ruling and plan to file an amended complaint or appeal," plaintiffs' attorney Steve Silverman said. "Our clients were courageous for bringing this case, proud of the changes they've already made for current and future players, we will continue to avail ourselves of the judicial process to further those goals."

The lawsuit alleges the NFL and its teams, physicians and trainers acted without regard for players' health, withholding information about injuries. At the same time, they were handing out prescription painkillers and anti-inflammatories to mask pain and minimize lost playing time. Among other claims, the players contend prescriptions were filled out in their names without their knowledge.

"I hope we appeal, or else have all 1,300 or so of us go to the NFLPA and ask them to file grievances," said Jeremy Newberry, who played for San Francisco, retired in 2009 and is now a sports agent. "We need to clean up the game going forward." -- AP