A Class of Former Players and the NFL Jointly Ask Judge to Remove Expert

On February 27, 2018, attorneys representing the NFL and attorneys representing a class of former NFL players jointly asked U.S. District Judge Anita Brody to remove neurologist Dr. Stephan Mayer from the Appeals Advisory Panel (APP). The attorney’s agreed that Dr. Brian Ott and Dr. Mary Quiceno should replace Dr. Mayer “given the demands on the … AAP in the implementation and on-going administration settlement.” As we have previously covered regarding the NFL concussion settlement, Judge Brody approved two groups of medical experts that made…
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NFL Painkiller Lawsuit Appealed to Ninth Circuit

On February 23, 2018, former NFL players filed an appellate brief with the U.S. Ninth Circuit Court of Appeals, in which the players argued that their suit against all 32 NFL teams should not have been dismissed on the grounds that it was time-barred. According to the players, they became aware in early 2014 that NFL teams recklessly administered painkillers, which prematurely ended their professional playing careers and contributed to their diminished post-career prospects. According to their brief, the district court’s decision should be vacated…
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NFL to Seek $2 Million from Dallas Cowboys Owner Jerry Jones

According to a report, NFL Commissioner Roger Goodell is preparing to demand $2 million from Dallas Cowboys owner, Jerry Jones. Apparently, Jones will be forced to pay $2 million because Jones’ fellow NFL franchise owners are upset with the way Jones has acted over the past eight months. Not to mention, Goodell and Jones have a longstanding feud. In 2017, Goodell’s contract as NFL Commissioner was set to expire. When the NFL Compensation Committee began the process of renewing Goodell’s contract, Jones attempted…
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Tampa Bay Buccaneers Move to Dismiss Expert in Negligence and Fraud Claims

On February 7, 2018, the Tampa Bay Buccaneers filed a motion to dismiss a lawsuit brought by former player, Lazarius Pep Levingston. Levingston sued the team and its Director of Football Operations, Mike Greenburg, for negligence and fraud, alleging that the team concealed the extent of Levingston’s injures in order to give Levingston a smaller settlement. In August 2013, Levingston suffered a neck injury in a pre-season football game. The team informed Levingston that he had a “cervical strain/sprain, thoracic sprain/contusion, and shoulder contusion.” He…
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NFL and NFLPA Move to Stop Former Agent’s Antitrust Claim

On February 5, 2018, the NFL, and the NFL Players Association (NFLPA), filed a motion to dismiss an antitrust suit brought by former sports agent James Dickey. As we have previously covered, Dickey accused the NFL and the NFLPA of stifling competition by implementing a rule called the “Three Year Rule” to keep new agents out of the NFL. In order for an agent to represent players the must be certified. To be certified, agents must negotiate at least one NFL team contract every…
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Judge Stays Aaron Hernandez’s Consortium Suit

On January 23, 2018, U.S. District Judge George A. O’Toole Jr. decided to stay a suit brought by Shayanna Jenkins-Hernandez, the fiancée of the late New England Patriots tight end Arron Hernandez. Mr. Hernandez committed suicide in prison while awaiting the appeal of his murder conviction. A court can stop, or “stay,” a proceeding or trial temporarily or indefinitely. Judge O’Toole ordered a stay on Ms. Jenkins-Hernandez’s suit in order to await a ruling by a Judicial Panel on Multidistrict Litigation. The panel is deciding…
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Riddell Fights Hundreds of Remand Motions

On January 19, 2018, Riddell Sports Group, Inc. opposed a class of former National Football League players’ motion to remand. Riddell is a sports equipment company that specializes in football equipment, particularity football helmets. The players are a part of a massive multidistrict litigation proceeding that is suing Riddell and the NFL. According to the motion, for the past six years, the players have been preceding under one master complaint that controlled all of their claims and superseded their original complaints. In addition, the players…
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Harvard Law Professor Changes His Mind Regarding Attorney’s Fees

As we have previously reported, back in September 2017, Judge Anita B. Brody appointed Harvard Law School professor William B. Rubenstein to address questions surrounding the $112.5 million settlement in the NFL concussion litigation. The final settlement established an uncapped fund that would compensate a class of over 20,000 former NFL players. In May 2017, a collection of law firms representing the players, filed a petition seeking $112.5 million common-benefit fee to compensate the class of attorneys. In his original assessment, Professor Rubenstein said…
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Harvard Law Professor’s Assessment on Attorney’s Fees Sparks Opposition

As we previously reported, lingering issues over the NFL concussion litigation settlement have reemerged. The final settlement established an uncapped fund that would last over a 65-year period, to compensate a class of over 20,000 former NFL players. In May 2017, a collection of law firms representing the players, filed a petition seeking $112.5 million common-benefit fee to compensate the class of attorneys. Unlike traditional common-fund cases where the common-benefit fees are calculated as a percentage of total recovery; in this case, the NFL
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San Francisco 49ers Must Hand Over Attendee Information

On January 5, 2017, Judge Susan van Keulen granted a class of mobility-disabled persons, suing the San Francisco 49ers and the city of Santa Clara, request for information about people who purchased accessible seating tickets at Levi’s Stadium. The suit originally began in December 2016 when Abdul Nevarez sued the San Francisco 49ers and the city of Santa Clara, owners of Levi’s Stadium, for violating the Americans with Disabilities Act of 1990. Nevarez, who requires the use of a wheelchair for mobility, attended four games…
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