Former NFL Player Sues Retirement Plan

On Friday, October 2, 2015, ex-NFL player Sean Berton brought suit against the Bert Bell/Pete Rozelle NFL Player Retirement Plan, Retirement Plan Board, and Retirement Plan Committee under the Employee Retirement Income Security Act (ERISA).

Berton played in the NFL for the Minnesota Vikings and New York Giants from 2002-05. According to the complaint, Berton suffered “approximately a dozen concussions” during his NFL career, and began exhibiting neuro-cognitive problems in October 2005. After leaving the NFL, Berton took a job as a recruiter at Soloman …

October 1, 2015 NFL

Let’s Get This Thing Rollin’: Second Circuit Grants Motion for Expedited Appeal in Deflategate

On Friday September 25, 2015, the NFL filed a motion in the U.S. Second Circuit Court of Appeals requesting that its appeal of the district court’s “Deflategate” decision be expedited. Circuit clerk Catherine O’Hagan Wolfe granted the NFL’s motion on September 29, 2015, therefore reducing the ordinary 10-12-month appellate period.

The district court’s decision, issued by Judge Richard Berman on September 3, 2015, vacated the NFL’s 4-game suspension of quarterback Tom Brady. The NFL superstar was alleged to have been involved in a scandal to …

September 28, 2015 Litigation / NFL

Tynes v. The Tampa Bay Buccaneers: the Placekicker’s Staph Infection Suit Will Continue

The lawsuit of former NFL placekicker Lawrence Tynes will continue in Florida state court, despite the Tampa Bay Buccaneers’ (the defendant) best efforts to dismiss the case on federal preemption grounds. The ruling of U.S. District Judge James S. Moody, Jr. on September 24, 2015, granted Tynes’ motion to remand the case to a state court. The decision also denied the Bucs’ counterargument that the case should be dismissed due to federal preemption under the Labor Management Relations Act.

In general circumstances, matters arising under …

September 25, 2015 NFL

FAA Permits NFL Films to Fly Drones — But Not on Game Day

The Federal Aviation Administration (FAA) approved the NFL Films’ Certificate of Waiver of Authorization (COA) which is essentially a permit to fly a commercial drone. NFL Films, a division of the NFL that produces TV programs, films, and documentaries, is expected to use it predominantly for filming, not for live broadcasts.

The permit comes with conditions and limitations: drones must weigh less than 55 pounds, fly below 400 feet above the ground at less than 100 miles per hour or 87 knots. Furthermore, NFL …

September 24, 2015 Concussions / NFL

Standing His Ground: Plaintiffs’ Attorney Releases Statement On Concussion Settlement Appeal

On April 22, 2015 a U.S. District Court approved a $765 million dollar settlement between the NFL and a massive class of ex-NFL players in their concussion litigation. A number of class members oppose the settlement, however, arguing that the settlement overlooks thousands of players that have not yet developed neurological diseases, but are likely to do so in the future.

Christopher Seeger, co-lead counsel for the ex-NFL players, has stood by the settlement, putting him at odds with the other plaintiffs’ attorneys that …

September 23, 2015 Litigation / NFL

Adrian Peterson Suspension: NFL Players Association Invokes Brady Opinion

On September 3, 2015, a New York federal judge overturned New England Patriots quarterback Tom Brady’s four-game suspension, and the decision has now found its way into Adrian Peterson’s lawsuit against the NFL.

In 2014, the NFL suspended Minnesota Viking running back Adrian Peterson after allegations surfaced that he had used a wooden switch on his four-year-old son. The NFL Players Association filed a lawsuit on Peterson’s behalf, and the suspension was eventually overturned by a Minnesota federal judge. The judge — U.S. District Judge …

September 19, 2015 NFL

Cleveland ‘Jock Tax’ Ruling to be Suspended During Appeal to U.S. Supreme Court

The Ohio Supreme Court agreed on Wednesday to suspend its decision to strike down Cleveland’s “jock tax” while the city appeals to the United States Supreme Court.

Cleveland is one of eight cities that have implemented a so-called “jock tax,” which is an income tax levied on NFL players visiting the city for a road game. The decision to strike down the tax comes as a result of two lawsuits brought by former Indianapolis Colt Jeff Saturday and former Chicago Bear Hunter Hillenmeyer.…

September 18, 2015 NFL

The NFL Files its Pre-Argument Statement in Appealing Brady Suspension Ruling

The NFL filed its “pre-argument statement” in the U.S. Second Circuit Court of Appeals on Thursday September 17, 2015. The NFL is appealing the September 3, 2015 district court decision of Judge Richard Berman, which vacated the NFL’s 4-game suspension of superstar quarterback Tom Brady.

The pre-argument statement is separate from the filing of a memorandum of law—the statement only describes the legal theories the NFL will plan to make on appeal. Both the NFL and the NFL Players’ Association (the representative of Tom Brady) …

September 14, 2015 Legislation / NFL

State Laws Banning the “Redskins” Nickname Passed in CA Following Federal Proposals

On September 10, 2015, Rep. Eleanor Holmes Norton (D-D.C.) threatened to introduce a bill proposing to revoke the NFL’s federal antitrust exemption status for permitting the continued use of the Washington Redskins moniker. Now, the Redskins nickname is being threatened under state laws in California.

The “California Racial Mascots Act,” as the new legislation is known, passed in the California state assembly on Thursday September 10, 2015—the same day Norton made statements introducing her new bill proposal. The Act now rests on the desk of …

September 11, 2015 NFL

Increased Pressure to Change the Washington Redskins’ Name May Come Under Federal Legislation

On Thursday September 10, 2015, House Representative Eleanor Holmes Norton, a Democrat, non-voting representative from the District of Columbia, warned that she will be introducing new legislation with the goal of influencing a change of the Washington Redskins moniker. Anyone paying attention to the National Football League is aware that this new proposal will not be the first attack on the Redskins’ name. Over the last few years, the NFL and the Redskins have been under increasing pressure by certain Native American groups and sympathizers …