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They're Lining Up

TOPIC: They're Lining Up

walba They're Lining Up 8 years 3 weeks ago #29

walba
This thread is missing the point of Heppell's claim.

Under WADA rules the athlete has absolute responsibility for what is digested irrespective of the circumstances (short of physical coercion).

In a negligence claim the focus will be almost entirely on the club's duty of care to the players and its actions in conducting the peptide program. It doesn't look good.

The looming cloud on the horizon is just how these players think they can both sue the club and continue to play for it. Litigation causes real stress for those involved and tends to drag on. The relationship between club and player may be seriously damaged.
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The_Yeti They're Lining Up 8 years 3 weeks ago #30

The_Yeti
Essendon have a real problem.

Just the fact they have two convictions for failing to provide a safe workplace and the fact that Essendon pleaded guilty to both means they have, at best, a case to answer.

However Heppell is suing for loss of reputation and loss of income through lost sponsorships. Thats not completely because of Essendon. The loss of reputation can be put down to to Heppell's own actions as a willing participant and his failure to act in accordance with his regular training. Ditto, loss of his sponsorships.

Essendon will certainly wear some of that. Heppell will wear some of that himself.

It possible that there will be little stress from this litigation as it may even be an agreed tactic to 'sweeten' the relationship with the players by getting them a significant extra payment outside the salary cap. Buys a bit of silence as well.

I'm not saying its definitely the case but its a clear possibility.
Egurls Suck!
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Catweazle said You Beaut

Derby12 They're Lining Up 8 years 3 weeks ago #31

Derby12
Bring it on - I've been through legal proceedings - the more sh^t they throw at each other, the more they alienate each other.

Suddenly there's a lot of players on the market, and Essendon are struggling. Win-win I reckon.
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Corporal Agarn said You Beaut

Raglan Matt They're Lining Up 8 years 3 weeks ago #32

Raglan Matt
Jimb every Essendon player knew the risks involved, just the same as every driver does. Most Essendon players decided to drive the car (needle) some didn't. Every Essendon player could have refused the needle. Don't blame the coach, dank, the club, or the hand of god for your own greed.
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rogerrocks They're Lining Up 8 years 3 weeks ago #33

rogerrocks
Its looking more and more like the old East German swimming team.
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Raglan Matt said You Beaut

darthmarto They're Lining Up 8 years 3 weeks ago #34

darthmarto
Let's assume none of the convicted Bombers players want to play for them
again and they all nominate to go out through free agency.

How many draft picks will they end up with?

And what happens when a player drafted refuses to go to Essendon based on the Dank dramas?
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Raglan Matt They're Lining Up 8 years 3 weeks ago #35

Raglan Matt
The Ch 7 bigwigs will be in uproar coz essendon won't even be able to field an Auskick team, and the spectre of the bye will be back to haunt them.
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hypen They're Lining Up 8 years 3 weeks ago #36

hypen
I can see the point you and Shane are making, Yeti.

Maybe the more plausible case is pain and suffering.
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The_Yeti They're Lining Up 8 years 3 weeks ago #37

The_Yeti
He still signed up for it, Hypen....and you can't sue somebody else just because you've made a stupid decision. (or I would be really rich by now)

He will be entitled to something I'm sure but when you contribute your problems in a major way it isn't all someone else's fault.

Maybe, just maybe he should develop some backbone and admit his own failings.....but that goes against the carefully promoted narrative doesn't it.

I'm still of the view that he will get a big payout and be captain of Essendon next year.....and his inability to remember all the details of what actually happened will continue
Egurls Suck!
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hypen said You Beaut

shane They're Lining Up 8 years 3 weeks ago #38

shane
Sounds like a good salary cap dodge.

Don't forget, he could have admitted guilt early on and gotten off with a slap on the wrist. Which is probably why he's gone for damaged reputation. Admitting guilt would have also damaged his reputation but perhaps reduced his suffering.

Going back to the beginning though, legal issues aside, the fact that he thinks he is entitled to big money for this (much of which will come from the pockets of Essendon members), while lining up to earn another $10 million before he turns 30, doesn't suggest he has learnt much from this and doesn't reflect well on his character.
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The_Yeti, hypen, Raglan Matt said You Beaut

The_Yeti They're Lining Up 8 years 3 weeks ago #39

The_Yeti
Actually, Shane, the fact they took part in a program that was, at best, utterly dubious while agreeing to keep it a secret from the club doctor, agreeing to keep it a secret from ASADA testers and only speaking to ASADA investigators when contractually forced by the AFL speaks volumes about their character....and its not pretty
Egurls Suck!
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Raglan Matt said You Beaut

prefect They're Lining Up 8 years 3 weeks ago #40

prefect
Yeti, well there's "no pressure to participate" and then there's "no pressure to participate".
Blofeld gets all his henchman aboard his jet flying at 30,000 ft and says if anyone has a problem with his latest plan then they're free to walk away, no harm no foul, and good luck to you. Maybe he's telling the truth, but there's definitely some pressure there..
If the club messiah says to me, Prefect, we want you to go to this guy Dank and get multiple injections at an off site location which will help improve your performance. Its experimental but (probably) completely legal, just don't mention it to the ASADA guys. But you know, hey, if you don't want to do it then that's cool I'm sure everyone will understand.."
And then if the club President and CEO, and other people with power over my contract and team selection opportunities say the same thing, then the club can't say there was no pressure. Of course there was pressure, but the extent to which that pressure contributed to these guys making dumb decisions is the question.
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The_Yeti They're Lining Up 8 years 3 weeks ago #41

The_Yeti
Can't agree with that prefect.

42 guys on the list plus rookies and 34 signed up for it. Others who didn't reported no adverse pressure. The players own lawyers reported no adverse pressure for the players to participate, which could have earned them a significantly reduced penalty.

You can suggest there might have been pressure till the cows come home but the evidence is saying the exact opposite. There just is no evidence the players were pressured into taking part. None.

The material extracted from the players telephones also paints a clear picture of willing participants
Egurls Suck!
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Raglan Matt said You Beaut

prefect They're Lining Up 8 years 3 weeks ago #42

prefect
Yeah I read what you're saying, and a lot of the actions from the playing group, especially their non-cooperation with the investigations certainly seems to me to point to some decision making that is at best stupid and ethically questionable. And they deserve a lot of the grief they're getting. Yet I still think they have a case against the club.

A football club isn't a normal workplace, and the relationship between a player perhaps in their early 20s to the club coach and executives has a different dynamic.. If the CEO of where I work came down to my desk and suggested I take up indoor rock climbing, Id seriously consider doing it even though I have no upper body strength and am afraid of heights. There's pressure there. Not overt, certainly. I doubt anyone at EFC would be that stupid, they knew they were doing some dodgy stuff.
And those lawyers that said the EFC wasn't compelling players to take part, were they club appointed? That bit always struck me as a conflict of interest.
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rogerrocks said You Beaut
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