Judge Dismisses Publicity Rights Lawsuit by Former NFL Players

A federal judge in Minnesota nixed a lawsuit brought by three former NFL players Fred Dryer (LA Rams), Elvin Bethea (Houston Oilers), and Ed White (Minnesota Vikings) who claimed that the NFL violated their publicity rights in using video clips of them playing football. The players had opted out of a $50 million settlement offered in a class action suit over publicity rights of athletes.

U.S. District Judge Paul Magnuson found the NFL Films’ productions that featured game footage of Ram, Oilers, and Vikings were …

October 6, 2014 Concussions / NFL

So Far 9 Former NFL Players Say ‘No’ to Settlement Offer

As the deadline to opt out of the proposed concussion settlement, so far nine players or their representatives chose to opt out while more than 4, 000 players have registered to receive any updates on the settlement.

Although some former players, including Dave Duerson and Junior Seau, wish to delay the deadline until after November 19 when a fairness hearing is scheduled, the deadline is currently set on October 14. In a motion filed on October 2 to keep the current schedule, the lead players’ …

October 3, 2014 NFL / TV

FCC Eliminates Its NFL Blackout Rule

Here in Buffalo, football fans are enraged by the words “Blackout Rule.” That reaction, however, may be a thing of the past. On Tuesday, the Federal Communications Commission (“FCC”) voted unanimously to end the rule.

The nearly 40 year old rule was enacted by the FCC to promote attendance at local games. It did so by banning cable and satellite providers from airing local broadcasts of a game that did not meet attendance requirements. More specifically, a local broadcaster cannot air a game within a …

September 15, 2014 Concussions / NFL

The Real Cost of Concussion-Related Litigation

The NFL is expected to pay out about $950 million over the next 65 years to resolve a class action brought by retired football players for head-injury claims. It is estimated some 3,600 players, about 17 percent of potential class members, will get paid from the settlement. Over 5,000 football players sued the NFL for head injuries, alleging that the NFL did not inform players of the link between repeated traumatic head impact and long-term brain injuries.

In August 2013, the NFL agreed to pay …

September 4, 2014 Concussions / Litigation / NFL

NFL Painkiller Plaintiffs Want in On Concussion Settlement Negotiations

On Tuesday, September 2, 2014, the National Football League filed a response opposing the potential intervention of a class of ex-players (who are suing the league on other grounds) into the concussion-lawsuit settlement proceedings.

In a separate action, a class of ex-NFL players lead by Super bowl MVP and Chicago Bear Richard Dent are suing the league for encouraging injured players to abuse painkillers to stay on the field. This class now seeks intervention in the NFL’s concussion litigation settlement negotiations for fear of the …

September 3, 2014 NHL

Plaintiff Drops out of NFL Apparel Antitrust Lawsuit

On Thursday, August 28, the lead plaintiff in Dang v. San Francisco Forty Niners, Ltd., submitted a stipulation of voluntary dismissal with Judge Davila of the Northern District of California.

Patrick Dang, the lead plaintiff and class representative, has decided to withdraw from the lawsuit he waged against the NFL and Reebok citing health concerns that have begun in May of this year. The stipulated agreement allows for a withdrawal of plaintiff Dang and a dismissal of his individual claims without prejudice and without an …

August 31, 2014 Contract / NFL

Ex-NFL Linebacker’s Workers’ Compensation Claim Proceeds On Basis of Two Games Played in California

As an example of the type of claim likely meant to be curtailed by AB 1309 (previously discussed here), the claim of a former Carolina Panthers/Cleveland Browns linebacker continues to process its way through the California workers’ compensation system.

In his claim, ex-NFL linebacker Tarek Saleh alleged that he sustained multiple injuries while employed as a football player for the Carolina Panthers between May 1997-February 1999 and for the Cleveland Browns from February 1999-January 2002.

When Saleh was traded to the Browns, …

July 21, 2014 Concussions / NFL

Former NFL Players Accused Union of Conspiring to Conceal Risks of Head Injuries

NFL veterans Christian Ballard (Minnesota Vikings defensive tackle) and Gregory Westbrooks (New Orleans Saints linebacker) have filed a lawsuit against the National Football League Players Association, accusing the union of fraud, negligence, and civil conspiracy.

Targeting a retirement board which includes three union representatives, the complaint alleged that the board, since at least the 1990s, has paid disability payments to retired players with traumatic brain injury (TBI). From reviewing such claims, the union knew about the dangers associated with traumatic brain injuries, according to the …

July 9, 2014 Concussions / NFL

Judge Gives Preliminary Approval to Revised Concussion Settlement

Presiding Judge Anita Brody in the NFL concussion suit gave a preliminary approval of the revised settlement deal that lifts a compensation cap imposed on damages. Judge Brody wrote,

“A class action settlement that offers prompt relief is superior to the likely alternative — years of expensive, difficult and uncertain litigation, with no assurance of recovery, while retired players’ physical and mental conditions continue to deteriorate,”

In a statement, NFL Senior V.P. Anastasia Danias said, “We will work with plaintiffs’ counsel to provide notice to …

June 25, 2014 Concussions / NFL

NFL Offers a Blank Check for Qualifying Retired Players

The NFL filed a revised settlement offer today after Judge Anita Brody rejected its $765 million settlement proposal in January. The new proposal promises that the “funds will be available to any retired player who develops a qualifying neurocognitive condition,” according to the NFL.

In a statement, the NFL said, “Today’s agreement reaffirms the N.F.L.’s commitment to provide help to those retired players and their families who are in need, and to do so without the delay, expense and emotional cost associated with protracted …