Concerns Raised Over Attorney Compensation in NFL Concussion Litigation Settlement

Around four months ago it was announced that over 4,500 NFL player plaintiffs and the League reached a $765 million settlement resolving the ongoing multi-district concussion litigation in Pennsylvania District Court. In brief, the plaintiffs alleged that the NFL intentionally concealed the long-term risks of head injuries and concussions and their role in later-life cognitive decline.

However, U.S. District Court Judge Anita Brody for the Eastern District of Pennsylvania has yet to approve the settlement agreement, partly due to issues concerning attorney compensation. It was …

December 11, 2013 Concussions / NFL

Fines Drop, but Study Finds Dangerous Hits Still Prevalent in NFL

A recent study by the AP analyzed the rate at which NFL players experience dangerous hits by reviewing 549 penalties called through the first 11 weeks of the 2013 football season. It found that over the first 162 games of the year, 156 of the penalties studied involved contact with the head and neck. Statistically, this means that nearly once per game, an NFL player receives a blow to the head or neck that could have serious health and/or career consequences. The numbers also revealed …

December 4, 2013 Concussions / Litigation / NFL

Ex-Players Sue Kansas City Chiefs Over Concussions

The Kansas City Chiefs are the latest target of concussion litigation. On December 3, 2013, five former members of the NFL team sued for damages related to head injuries.

The case was filed in a Missouri state court on Tuesday by Alexander Cooper, Joseph Phillips, Kevin Porter, Leonard Griffin, and Christopher Martin. It is the first concussion lawsuit filed against an NFL team, rather than the league.

The players allege similar complaints to those in the suit settled earlier this year. They are suing on …

November 26, 2013 General

The Ugly Truth of Public Financing

Despite research showing stadiums are a poor use of tax dollars, professional sports complexes are continually financed by cities, counties, and states. In the most recent example, Major League Baseball’s Atlanta Braves announced the team will move to a neighboring county after being promised $300 million in public funds for a new stadium, but some politicians plan to oppose the deal.

For years, economists have been telling a different story than team owners want taxpayers to believe. Owners argue that a new stadium will …

November 7, 2013 Concussions / NFL

NFL Just Can’t Outrun the Concussion Lawsuits

No matter how hard the NFL tries to get away from the concussion lawsuits, they won’t go away. Most recently, former Chicago Bears quarterback Bobby Douglass, and former Northwestern player, John Cornell, are suing the NFL and helmet manufacture Riddell. On November 4, 2013, the two former players filed suit alleging concussion-related injuries resulting from their time on the field.

Douglass, 66, was quarterback for the Chicago Bears from 1969 to 1975. He later went on to play for the San Diego Chargers, New Orleans …

November 5, 2013 NFL

NFL Bullying: Boys Will Be Boys?

How bad could things be for Jonathan Martin? The 24-year-old received a signing bonus of $1,919,468 from the Miami Dolphins of the National Football League last year after leaving Stanford as a second round draft pick. He is guaranteed his entire 2013 salary of $479,867. He is one of approximately 1,800 individuals fortunate enough to be on an NFL roster. He is a starting offensive tackle, one of the most lucrative positions in all of professional football. Considering that the franchise tag for an …

November 4, 2013 NFL / Rights

$50M Settlement Approved in NFL Retirees’ Publicity Rights Suit

A Minnesota federal judge approved a $50 million settlement in a case over the publicity rights of more than 25,000 NFL retirees. Calling it a “historic settlement,” the judge stated it is “very creative and it’s very exciting to see this opportunity being provided to retired players for the first time.”

Despite the objection of 19 players, on November 1, 2013, the judge granted final approval of the settlement. The judge noted that “only one-tenth of one percent of the class objected and less …

Photographers Want to Capture Their Rights

Seven professional photographers sued the NFL, Getty Images (Getty), and the Associated Press (AP) for violating the photographers’ copyrights. The freelance photographers (plaintiffs) filed the lawsuit in New York federal court on October 21, 2013. The lawsuit claims that the three defendants are liable for copyright infringement, breach of contract, and breach of fiduciary duty. The plaintiffs allege that the NFL failed to receive consent to use plaintiffs’ photos in connection with NFL advertisements, news, promotions, and products.

Freelance photographers regularly license their photos through …

October 25, 2013 Concussions / NFL

Did Concussion Lawsuits Deal a Fatal Blow to Helmet Manufacturer’s Deal with the NFL?

Riddell, Inc. was contractually granted the rights to be the official helmet supplier of the NFL in perpetuity in 1989, over 20 years ago. However, on Thursday, October 24, 2013, NFL spokesman Brian McCarthy confirmed that the NFL had negotiated to end its business relationship with the helmet manufacturer at the end of the 2013 NFL season.

Riddell initially resisted the NFL’s withdrawal from their contractual relationship, but was ultimately unsuccessful in thwarting the NFL’s designs. A statement made by Roger Goodell at a youth …

September 25, 2013 Contract / NFL

Eighth Circuit Retires Former Player’s Claims Against NFLPA

On September 23, 2013, the Eighth Circuit Court of Appeals affirmed a decision that rejected NFL retirees’ claims against the NFL Players Association (NFLPA). The retirees alleged that they were wrongfully excluded from settlement negotiations during the 2011 NFL lockout. As a result, they claimed they lost out on at least $600 million in benefits.

Two lawsuits were filed during the lockout. One suit was brought by active players against the NFL and the other by retired players against the NFL and its teams. Since …