Dissolved Anti-Steroid Company Ordered to Pay NFL Player $5.4 Million
St. Louis Rams Linebacker David Vobora, who was suspended in 2009 for four games after testing positive for methyltestosterone, a banned substance, received some measure of vindication after obtaining a $5.4 million judgment against a Florida nutrition company, Anti-Steroid Program, LLC d/b/a S.W.A.T.S. A Judge found that "S.W.A.T.S" misrepresented its "Ultimate Sports Spray." S.W.A.T.S. was ordered to pay $2 million for damage to Vobora's reputation and emotional distress, $3.04 million in lost income, and the remainder in lost endorsements and performance bonuses. The court may also award attorneys' fees.
However, the majority of news reports fail to reveal that this was a judgment entered by default against a company that likely has no assets. S.W.A.T.S. did initially hire counsel to answer Vobora's Complaint. On January 13, 2011, the parties notified the court that a tentative settlement agreement had been reached. However, in February, counsel for S.W.A.T.S. moved to withdraw, advising that S.W.A.T.S. had terminated its relationship with counsel. The court initially denied that motion, but later permitted the withdrawal, after the former President of the company advised the court that it had filed a voluntary dissolution in the State of Florida. Thus, Vobora's claim for damages went uncontested, and the Judge awarded the above damages by default. It is also doubtful that Vobora will ever collect anything from S.W.A.T.S.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.