Battle over Benefits: NFL Denies Claims it Wrongfully Withheld Payments to Retiree

The NFL is currently in the early stages of defending yet another lawsuit in connection with injuries allegedly sustained by a former athlete while playing in the NFL. In this case, Jesse Solomon – former linebacker for the Minnesota Vikings, Dallas Cowboys, Tampa Bay Buccaneers, and Miami Dolphins – is seeking increased disability benefits for injuries he claims arose out of his time in the NFL.

Solomon claims that he has been denied approximately $100,000 in disability benefits per year due to his retirement plan’s …

June 23, 2015 Intellectual Property, Copyright, and Trademark / NFL

From Football to Cheerleading: Washington Redskins Voice Support for Band’s Trademark Case

By now, most people are aware that last summer, the United States Patent and Trademark Office canceled the Washington Redskins’ trademark registration after finding the team’s name and logo to be disparaging to American Indians. Last week, however, the team took a serious interest in a lower-profile case involving a band called the Slants.

Previously, the USPTO refused the band’s two trademark applications, declaring that “slants” is disparaging to people of Asian descent. On Thursday, June 18, the team threw its support behind the band, …

June 23, 2015 NFL

Brandon Spikes Now Unemployed, Facing Criminal Charges

After a mysterious scene on a Boston highway, Brandon Spikes finds himself without a job and facing criminal charges. At around 3:20 a.m. on June 7, Massachusetts State Police responded to an abandoned vehicle on I-495 in Foxborough. The vehicle had significant front-end damage and was left in the median. A roadside assistance operator informed the police that the driver of the vehicle had reported hitting a deer. There was neither a deer nor a driver present at the scene. The abandoned vehicle was …

June 19, 2015 Litigation / NFL

Turnover on the Play: NFL Players Lose Rights to Jury Trial in Financial Lawsuit

A federal judge in Florida recently ruled that several NFL players in a $53 million lawsuit against Branch Banking & Trust Co. have forfeited their rights to a jury trial. Branch Banking & Trust Co. is the successor to BankAtlantic LLC, a company that plaintiffs allege wrongfully allowed Pro Sports Financial Inc., a financial management firm, to withdraw upwards of $53 million without their knowledge or consent.

The question of whether or not each player had waived rights to a jury trial came down to …

June 15, 2015 NFL

Adrian Peterson Suspension: NFL Contends its Actions were Proper Despite Player Union Claims Otherwise

In 2014, Minnesota Vikings running back Adrian Peterson was suspended by the NFL after allegations surfaced that he had been disciplining his 4-year-old son with a wooden switch.

After Peterson’s suspension, the NFL Players Association filed a grievance on Peterson’s behalf against the NFL. The Association claimed that the NFL’s suspension of Peterson was retroactive punishment which is prohibited by NFL’s collective bargaining agreement. The Association contended that the NFL disciplinary policy that was in place at the time the events allegedly occurred dictated that …

June 11, 2015 Contract / NFL

Playing Defense: NFL Objects to Fans’ Request for Attorneys’ Fees

On Friday, June 5, the National Football League objected to a request for more than $83,000 in attorneys’ fees from several fans who originally sued the league over claims from Super Bowl XLV. The fans had originally brought action claiming that they were displaced from seats or had obstructed views at the game in 2011, and they won a $75,850 jury award in March.

According to attorneys helping with bankruptcies in Oklahoma City, the NFL’s main argument against these attorneys’ fees is that the …

June 9, 2015 Concussions / NFL

NFL Concussion Lawsuit: Six Players Drop Out

In a recent development, six former NFL players involved in the NFL concussion lawsuit filed notices of voluntary dismissal without prejudice. The notices were filed in the Eastern District of Pennsylvania.

The players included former L.A. Rams and Houston Oilers offensive guard Kent Hill, former Buffalo Bills, San Francisco 49ers, and Pittsburg Steelers tight end Anthony “Tony” Cline Jr.; former Baltimore Colts, New Orleans Saints, and Miami Dolphins linebacker Edward Simonini; former Buffalo Bills wide receiver Randy Ragon; former Buffalo Bills and New England Patriots …

Flag on the Play: NFL, AP Urge Court to Close Book on Photographers’ Antitrust Suit

On Friday, May 29, the National Football League and the Associated Press told a New York federal court that the seven photographers bringing a copyright and antitrust suit had lost their right to file a revised complaint. In March, U.S. District Judge Robert Sweet dismissed the photographers’ claims, but gave them twenty days to file a new complaint. The parties then agreed to a three-week extension for the amended pleadings to be filed, but the photographers failed to meet the May 11 deadline.

Rather …

June 1, 2015 Litigation / NFL

One Giant Accusation: Motion to Disqualify Judge Now Pending in Giants Fake Merchandise Lawsuit

Eric Inselberg, a memorabilia dealer bringing suit against the New York Giants, has moved to disqualify Superior Court Judge James DeLuca, contending that his impartiality is at issue. Judge DeLuca has disclosed that he is the owner of two personal seat licenses that enable him to purchase season tickets for Giants home games. Additionally, he has stated that while his son essentially controls the tickets, he does attend one or two of the games per season and has been a fan of the franchise since …

May 29, 2015 Concussions / NFL

Duerson Family Backs Off NFL Concussion Settlement Appeal; Heimburger Presses Forward

Former NFL lineman Craig Heimburger recently filed a notice of appeal in an attempt to put a stop to the current $1 billion NFL Concussion settlement. The appeal of the settlement has the potential to delay care for players in medical need of its proceeds by many months. Heimburger’s decision is in stark contrast to that recently made by the family of the late Dave Duerson, who decided against an appeal as they

“[didn’t] want to hold up awards for retirees who need