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 whether or not they challenged the validity of their signatures on a BB&T depositor’s agreement from the beginning of the action. Several players lost their rights to a trial because they had never challenged the validity of their signatures at all. The judge ruled that free agent linebacker Tavares Gooden had waived his right because it was not until his deposition that he claimed his signature was a forgery. The only players who still retain their jury trial rights are former New York Jets wide receiver Derrick Gaffney, former Ravens linebacker Ray Lewis, and former Redskins running back Clinton Portis.
The trial for the remaining three plaintiffs is currently set to take place in late August, beginning on the 24th.