Judge Orders NFL Retirees to Drop Two Cases

A U.S. District Judge in Minnesota dismissed two new cases relating to the publicity rights of NFL retirees.  On September 6, 2013, the judge said the cases were filed too early and violated the terms of an earlier order.

The two cases arose out of unhappiness with a settlement in an earlier case.  In that case, ex-players alleged that the NFL wrongfully used their likenesses in marketing materials.  On April 8, 2013, a settlement was preliminarily approved for the dispute.  According to the settlement, a …

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NFL Settles for $765 Million in Concussion-Related Lawsuits

The National Football League has agreed to settle the massive class action litigation brought against it by more than 4,500 former football players who alleged that the league intentionally downplayed the risks of concussion-related head injuries and their long-term effects on cognitive decline. Former United States District Judge Layn Phillips, the court-appointed mediator, announced that the NFL will contribute $765 million to provide medical benefits and injury compensation for retired NFL players. The settlement will also pay for medical and safety research, and cover litigation …

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More Former Players Sue NFL for Concussions

On Tuesday, August 13 eighty-three more National Football League (NFL) players sued the NFL regarding concussions related injuries. According to the Washington Times, Pro Bowl players Clinton Portis and Daunte Culpepper were among the players that filed suit.

The complaint alleges that Portis suffers from headaches and is “at a heightened risk of developing further adverse neurological symptoms in the future.”

Earlier this year, Portis stated that he suffered a number of concussions while playing.  He couldn’t give an exact number because there were …

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Do the NFL and Its Fans Care About Steroids?

In the wake of the notorious Alex Rodriguez/Biogenesis/performance enhancing drug (PED) scandal, fans have been questioning the lack of response from various other sporting organizations. The Biogenesis scandal has implicated more than just MLB players. Indeed, athletes from the NBA, MMA, tennis and NCAA have also been caught up in this scandal. Surprisingly, no players from the NFL have been implicated and the main reason is because these steroids are legal so they will not have any problem.

Since 2010, the NFL has adhered to …

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Judge Orders NFL and Former Players to Mediate Concussion Claims

On Monday, July, 8 2013 a Pennsylvania federal judge ordered a mass of National Football League (NFL) concussion cases to mediation. The cases were brought by more than 4,000 former National Football League players accusing the league of negligence and concealing the dangers of concussions. The players say the league has known for years, or even decades about the long-term dangers of concussions. The league responded that it released warnings based on the medical research available at the time.

The NFL filed motions to …

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Retired NFL Players Struggle To Get Medical Benefits

The physical rigors of an NFL career are familiar to any football fan. However, the unfortunate case of former Cincinnati Bengal Reggie Williams is one that stands out, and is instructive of the difficulties faced by former NFL players in getting post-career medical treatment. During a playing career, all medical care for players is covered under the league’s collective bargaining agreement. And vested players (those with at least three-years experience) are entitled to medical care for five years after the end of their career. However,

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RGIII’s Trademark Application Faces Its First Test

As the trademark world anxiously awaits the decision of the three-judge panel at the Trademark Trial and Appeal Board (and which we’ll be covering in great depth in our enhanced Intellectual Property, Copyright, and Trademark section of the blog), regarding whether the Washington Redskins logo is disparaging and thus whether the ’Skins would be forced to relinquish trademark protection over perhaps their most prized asset, Washington’s star player, Robert Griffin III, was in court settling a trademark dispute of his own.

Griffin, who is …

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Analysis: Patriots’ Release of Hernandez Avoids Issue with MA Law

Although it may not have been the motivating factor in the decision, the New England Patriots decision to release Aaron Hernandez following his Wednesday, June 26, 2013 arrest for murder allow the team to avoid problems with Massachusetts law on criminal records.  Massachusetts General Laws Chapter 15l B, Section 4; 804 CMR 3.01 makes it illegal for an employer to ask certain questions about a job applicant’s or employee’s criminal record. Employers may not ask about, maintain a record of, or base any employment decision

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Louisiana Court Limits Workers’ Compensation Recovery

On May 16, 2013, the Court of Appeal of Louisiana (5th Circuit), held that former National Football League (NFL) player Daniel Campbell was not entitled to workers’ compensation benefits based on his projected NFL salary instead of his pre-season earnings.

In June through August of 2009 during pre-season training, Mr. Campbell sustained two separate injuries to his right knee which effectively ended his career as a football player.  Per his contract with the New Orleans Saints, he was to earn $525 per week for …

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