NFL Attempts to Keep Insurance Coverage Dispute in California

The National Football League recently filed a motion to dismiss a  lawsuit filed by Alterra America Insurance Co. in New York State Supreme Court, arguing that the excess insurer did not have the requisite standing to add additional insurers as parties to its New York action, since the NFL is already pursing an action against them inCalifornia. The current dispute arose out of the massive insurance coverage obligations dispute between the NFL, NFL Properties LLC, and a host of primary and additional insurers, which began…
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Appeals Court Rules the NFL Doesn’t Have to Play Nice with Mean Gene Atkins on Disability Claims

On September 11, 2012, a three-judge panel from the United States Court of Appeals for the Fifth Circuit ruled that the Nation Football League would not be required to extend “extra retirement disability benefits” to “Mean” Gene Atkins.  While Atkins could receive “inactive” player disability benefits, the ruling prevents him from eligibility for the more generous “football degenerative” disability benefits that the league affords retirees with football related injuries.  The ruling comes despite Atkins’ insistence that his current ailments are a result of injuries suffered…
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Relationship with Failed Financial Advisor Triggers NFLPA Investigation of Drew Rosenhaus

The NFLPA is looking into whether player agent Drew Rosenhaus should have more closely scrutinized his relationship with financial advisor Jeff Rubin.  The investigation seeks to determine whether Rosenhaus breached his fiduciary duty to the players he represented – a duty owed to the players by all agents certified by the NFLPA – by not closely investigating the practices and credibility of Rubin before trusting him with the players’ monetary investments, many of which failed catastrophically. Among other questionable acts, Rubin has drawn widespread scrutiny…
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NFL Moves to Dismiss Concussion Litigation for Violation of CBA Terms

On August 30, 2012, the NFL and Riddell Inc. filed a motion to dismiss the multi-district concussion litigation against them, arguing that the suit is preempted by the collective bargaining agreements which exist between the league and the players.  The concussion litigation accuses the league of deliberately and fraudulently concealing/ignoring the risk of multiple head concussion incurred during professional football, causing many former players to experience degenerative mental disorders and cognitive decline. According to separate briefs filed by both parties, the Labor Management Relations Act…
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Players Sue NFL Over Bountygate Bans

With the concussion related class action lawsuit consolidated and ongoing, the NFL was called back into Federal court in Louisiana this week on an unrelated matter.  On July 5, 2012, the NFL Players Association (NFLPA) sued the NFL over the suspension of several players for their alleged participation a bounty program, a scheme funded by players and coaches that offered monetary rewards for players who injured opponents.  Three players from the New Orleans Saints – Scott Fujita, Anthony Hargrove, and Will Smith – were suspended…
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