The Eldon Ham Interview, Part II

June 11, 2009

We continue our interview with Eldon Ham*


SLT -
What happened at the hearing?

EH - We were in front of Judge Sophia Hall who was very sympathetic to our position.  We felt we had good authority on the fundamental fairness issue, and we believed we had chosen the correct venue.  We were faced with establishing irreparable harm, something we could certainly be required to demonstrate to achieve the injunctive relief desired.

SLT - How did you show irreparable harm?

EH - As a pro athlete of high visibility, Dent’s reputation and public awareness would be permanently damaged.  Dent’s playing career would be materially shortened to his detriment, and Dent’s possibility of earning endorsement income would be irreparably damaged.  We also alleged that there would be no harm or material injury to the NFL or the public if he was not suspended prior to a hearing.

SLT - When did settlement talks begin?

EH - Judge Sophia Hall provided extraordinary insight and guidance, and settlement talks began almost immediately.  We found the NFL to be extremely responsive and communicative.  We were encouraged by the NFL’s sincere concern about the integrity of the game and the welfare of the players.  We eventually developed a settlement with Judge Hall’s guidance which resulted in the suspension being lifted pending a hearing.  Richard Dent did play on Sunday against the Colts and his suspension was permanently lifted by Commissioner Pete Rozelle in accordance with NFL by-laws.

SLT - Can you compare the differences in professional sports testing programs today with those of the 1980s?

EH - Today the process is much more defined with union involvement.  Notice is in writing and the use of dual samples is handled in a more professional manner.

SLT -
Thank you for sharing details of this important development in sports law.


* Eldon Ham is an adjunct Professor of Law at Chicago-Kent College of Law. He is a leading authority in the field of Sports Law with an emphasis on league authority, drug testing, labor, anti-trust, and Title IX. He is the designated sports legal analyst for WSCR sports radio in Chicago. He is also the author of three books , Larceny and Old Leather, The Playmasters, and The 100 Greatest Sports Blunders of All-Time. Professor Ham can be reached at
eldon@eldonham.com.

 

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