Pain, But No Gain. NFL Teams Want Latest Painkiller Suit Thrown Out

On Monday, December 21, 2015, all 32 NFL teams responded with a joint motion in support of tossing a proposed class action lawsuit filed by a number of former footballers. The suit sprung out of the wanton distribution of painkillers by medical staff without regards to possible long-term effects on the health of the players, according to the plaintiffs in the case.

In their joint motion, the teams’ main argument is that the case should be dismissed because the ex-players’ claims are preempted and time …

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A Deal is a Deal: the NFLPA’s Motion to Reopen Past Litigation is Denied

On Tuesday September 8, 2015, a federal district judge denied a motion filed on behalf of the NFL Players’ Association, which attempted to reopen the long-running “Reggie White” case. Ending in 1993 with a settlement agreement, the Reggie White case was a class action antitrust lawsuit against the NFL. The settlement ultimately led to the league’s current unrestricted free agent system.

However, the CBA agreement arising from the White settlement was not renewed, and it expired in 2011. This subsequently led to a lockout of …

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NFLPA: Tom Brady Should’ve Been Fined, Not Suspended

In a letter to U.S. District Court Judge Richard M. Berman, NFL Players Association lawyer Jeffrey Kessler argued that Tom Brady should have been fined, not suspended, as required by the league’s collective bargaining agreement (CBA). Furthermore, Kessler claimed that even if the suspension was in compliance with the CBA, it is still inappropriate because Brady was not given a notice of his suspension in advance.

Kessler’s letter is a response to a filing by the NFL arguing that courts have the authority to …

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Pulling Back the Curtain: Judge Orders NHL to Produce Medical Records in Concussion Suit

On Friday, a federal judge from Minnesota granted a motion to compel the National Hockey League to produce medical records in a multidistrict concussion lawsuit filed by former NHL players.

The NHL had previously refused to produce such documents unless specific players gave their consent, claiming the information was protected by the Health Insurance Portability and Accountability Act, the Americans with Disabilities Act, physician-patient privilege, and the NHL collective bargaining agreement.

The judge opined that the disclosure of such information was permissible as long as …

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NFL Asks Court to Dismiss NFLPA’s 2010 Salary Cap Collusion Claim

The NFL is seeking the court to nix the NFLPA’s claim that teams colluded to cap salaries in 2010 during which salaries were unrestricted because the league opted out of the collective bargaining agreement (CBA) with the players.

In a filing submitted on Wednesday, the NFL argued that the NFLPA is not entitled to any relief because the players voluntarily decided to release the collusion claim in a February 2013 CBA.  Additionally, there was a separate release in the 2011 CBA barring the NFLPA’s current …

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