UPDATE: Players Respond to NFL’s Motion to Dismiss Concussion Litigation

On October 31, 2012, lawyers representing thousands of former NFL players filed an opposition brief to the NFL’s current motion to dismiss pending in U.S. District Court in Pennsylvania, insisting that based on the gravity of the harm incurred, their lawsuit against the League must be allowed to move forward. The brief rejected the NFL’s contention that the action was essentially a labor dispute that needed to be resolved under the league’s collective bargaining agreement.

The Plaintiffs accused the NFL of “orchestrat[ing] a disinformation campaign,” …

October 30, 2012 Bountygate

Goodell Passes Responsibility for Bountygate Hearings to Tagliabue; NFLPA Calls Foul

In an unprecedented move, NFL Commissioner Roger Goodell has agreed to recuse himself from overseeing a disciplinary appeal by four suspended New Orleans Saints’ players. The appeal is seeking to reverse the suspensions Goodell handed down to the four based on their alleged role in the Bountygate Scandal where various Saints’ personnel were accused of promoting a pay-for-play system that encouraged the injuring of opponents. Goodell has appointed his predecessor and former NFL Commissioner Paul Tagliabue to adjudicate the hearings in his place.

The original …

September 17, 2012 Concussions / Insurance / NFL

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 …

September 12, 2012 Concussions / NFL

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 …

September 4, 2012 NFL

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 …

September 2, 2012 Concussions / NFL

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 …

July 5, 2012 Bountygate / NFL

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 …