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Vis
08-29-2013, 12:50 PM
Judge still needs to OK $765M deal

PHILADELPHIA -- A federal judge says the NFL and more than 4,500 former players want to settle concussion-related lawsuits for $765 million.

The global settlement would fund medical exams, concussion-related compensation and medical research.

The plaintiffs include at least 10 members of the Pro Football Hall of Fame, including former Dallas Cowboys running back Tony Dorsett. They also include Super Bowl-winning quarterback Jim McMahon and the family of Pro Bowl linebacker Junior Seau, who committed suicide last year.

The lawsuits accuse the league of hiding known risks of concussions for decades to return players to games and protect its image. The NFL has denied any wrongdoing.

Senior U.S. District Judge Anita Brody in Philadelphia announced the proposed settlement Thursday. She still needs to approve the deal, which comes after months of court-ordered mediation.

http://espn.go.com/nfl/story/_/id/9612138/judge-nfl-players-settle-concussion-suit

tony hipchest
08-29-2013, 12:54 PM
this is bigger news than miley cyrus licking the balls of a giraffe!

OX1947
08-29-2013, 12:54 PM
So, each guy gets an average of 170,000. Thats two days in the hospital. Was it worth it?

Vis
08-29-2013, 12:56 PM
this is bigger news than miley cyrus licking the balls of a giraffe!

Lots of pennies but the NFL will get to say, "no admission of liability"

It will be interesting to see how the funds are distributed between research, benefits and testing.

Vis
08-29-2013, 12:56 PM
So, each guy gets an average of 170,000. Thats two days in the hospital. Was it worth it?

read the article again

OX1947
08-29-2013, 12:59 PM
read the article again

i dont click on anything with BSPN in it

Vis
08-29-2013, 01:01 PM
i dont click on anything with BSPN in it

It's posted in it's entirety.

The global settlement would fund medical exams, concussion-related compensation and medical research.

Vis
08-29-2013, 01:02 PM
In a dramatic development staving off what could have been years of costly litigation, the NFL has settled lawsuits brought by thousands of former players over brain injuries suffered on the field.

Former U.S. District Judge Layn Phillips, the court-appointed mediator, announced that the NFL and NFL Properties will contribute $765 million to provide medical benefits and injury compensation for retired NFL players, fund medical and safety research, and cover litigation expenses. The settlement still must be approved by U.S. District Judge Anita Brody.

“This is a historic agreement, one that will make sure that former NFL players who need and deserve compensation will receive it, and that will promote safety for players at all levels of football,” Judge Phillips said in a statement. “Rather than litigate literally thousands of complex individual claims over many years, the parties have reached an agreement that, if approved, will provide relief and support where it is needed at a time when it is most needed. I am deeply grateful to Judge Brody for appointing me as mediator and offering me the opportunity to work on such an important and interesting matter.”

Although $765 million is an enormous sum of money, it’s also a sum of money that the NFL, which rakes in billions each year, can afford. Some of the most dire predictions said concussion litigation could bankrupt the league, but this is a settlement that the NFL can handle. The biggest question going forward may be whether the NFL can make changes to the game to keep players safe from brain injuries in the future.

http://profootballtalk.nbcsports.com/2013/08/29/nfl-reaches-765-million-settlement-in-concussion-lawsuit/

Vis
08-29-2013, 01:08 PM
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN RE: NATIONAL FOOTBALL
LEAGUE PLAYERS’
CONCUSSION INJURYLITIGATION::::

: MDL No. 2323: 12-md-2323THIS DOCUMENT RELATES TO:ALL ACTIONS::


ORDER


Earlier today, in accordance with the reporting requirements in my order of July 8, 2013,the Honorable Layn Phillips, the court-appointed mediator, informed me that the plaintiffs and the NFL defendants had signed a Term Sheet incorporating the principal terms of a settlement.Judge Phillips also reported that the proposed settlement provides for a payment by the NFL defendants of $765,000,000 to fund medical exams, concussion-related compensation, and a program of medical research for retired NFL players and their families, as well as to pay certain litigation expenses. In addition to this, the NFL will pay court approved attorneys’ fees.

Furthermore, Judge Phillips advised me that the parties are preparing to submit a motion seeking preliminary court approval of the settlement that will incorporate the full documentation relating to the settlement.Of course, I reserve judgment on the fairness, reasonableness, and adequacy of the settlement until the motions for preliminary and final approval of the settlement are filed. At that time, counsel must present a complete explanation and justification for the settlement. Right now, however, I commend the parties and their counsel on their extensive and good faith negotiations and thank Judge Phillips for his diligence in assisting the parties in reaching an agreement.

Case 2:12-md-02323-AB Document 5235 Filed 08/29/13 Page 1 of 2


From the outset of this litigation, I have expressed my belief that the interests of all parties would be best served by a negotiated resolution of this case. The settlement holds the prospect of avoiding lengthy, expensive and uncertain litigation, and of enhancing the game of football.In light of the proposed settlement by the plaintiffs and the NFL defendants, I will defer ruling on the NFL’s motion to dismiss that was argued on April 9, 2013. After conferring with the parties, I will order that counsel submit, as soon as possible, but by a date certain, the full documentation relating to the settlement, along with a motion seeking preliminary approval of the settlement and related plan of notice to members of the settlement class.

AND NOW, this 29th day of August, 2013, the order of July 8, 2013 (ECF No. 5128) is modified to allow the parties to announce the terms of the settlement of the plaintiffs’ claims against the NFL defendants. Because the proposed settlement does not include the Riddell defendants, the order of July 8, 2013 remains in effect as to all of the Riddell defendants: they and their counsel must refrain from publicly discussing the mediation process or disclosing any discussions they may have as part of that process.


___________________________________
Judge

OX1947
08-29-2013, 03:25 PM
It's posted in it's entirety.


Wow, medical exams and research, thats really gonna help bring back "brain damage", good looking out NFL. Whatta (bleep) crock.

Gee doc, they never told me not that I'd get brain damage hitting another human being going 20 miles and hour and hitting each other over and over again!! I didnt manage my money Mr accountant, how bout I sue the NFL that made me a star and gave me a lot of money I spent on coke and hookers!!!

I'm gonna go smoke 4 packs of cigarettes and as soon as I get cancer, I'm suing Philip Morris for negligence.

Vis
08-29-2013, 04:01 PM
Wow, medical exams and research, thats really gonna help bring back "brain damage", good looking out NFL. Whatta (bleep) crock.

Gee doc, they never told me not that I'd get brain damage hitting another human being going 20 miles and hour and hitting each other over and over again!! I didnt manage my money Mr accountant, how bout I sue the NFL that made me a star and gave me a lot of money I spent on coke and hookers!!!

I'm gonna go smoke 4 packs of cigarettes and as soon as I get cancer, I'm suing Philip Morris for negligence.

Why do you watch a game played by people you hate?

Atlanta Dan
08-29-2013, 04:59 PM
Initial impression is that it is a good deal for the owners

With a total payment for all claims from all retired players of $765 million, however, the owners are going to be happier than the players. If the settlement sum is divided equally among the 32 owners (a procedure the NFL has used in earlier settlements), then each owner will pay only $24 million. And the $24 million will be paid in installments, half of it within three years and the remainder over the following 17 years. A large portion of the $24 million will be paid from league and team insurance. If you told any owner a year ago that he could escape from the concussion crisis with a payment of $24 million, he would have been relieved and happy.

http://espn.go.com/nfl/story/_/id/9612467/questions-answers-nfl-retired-players-lawsuit-settlement

Paying out $765 million over 17 years has a present value of a hell of a lot less than $765 million - IMO the owners' attorneys earned their sizable fees

Atlanta Dan
08-30-2013, 08:23 AM
Alan Schwarz, the New York Times reporter who wrote a number of articles regarding the long term problems associated with head injuries in football, unloads on the NFL in this analysis today

When more than 4,000 retired players agreed to accept $765 million to settle their lawsuit with the N.F.L., the league was able to cling to its most valuable claim of all — that it never ignored or obscured the risks of concussions.

Given that the league’s annual revenue is pushing $10 billion, most experts viewed the settlement, to be paid over 20 years, as removing a burden for the N.F.L. rather than imposing one. Under the no-fault deal, the N.F.L. can forever deny that it could have mitigated its players’ dementia or memory loss or that its focus ever strayed from the safety of football players, from professionals down to peewees. ...

While both retired players and N.F.L. executives claimed victory over the settlement, which will cover future expenses related to on-the-job brain damage, invisible behind them was the legion of young players who have long been endangered by the league’s actions — those same actions that the settlement effectively absolved.

Only after intense news media and Congressional pressure from 2007 to 2009 did the N.F.L. even acknowledge that concussions could have long-term neurological effects. ...

It is one of the strangest dynamics in sports: the N.F.L., a league for highly compensated adults, effectively sets the policies for children playing for free. The governing bodies for Pop Warner, high school and college football changed most of their rules regarding concussions only after the N.F.L. did so. In some ways, youth football still has to catch up with the professional game. The N.F.L. has eliminated much of the sport’s contact during practices, yet high schools continue unperturbed. ...

The N.F.L.’s $765 million settlement could very well compensate the retired players for the Sunday concussions they were told were no big deal. As for the young players who were hurt the following Friday, they are in a different league.

http://www.nytimes.com/2013/08/30/sports/football/rules-trickle-down-money-in-settlement-wont.html?ref=sports&_r=0

Sounds like Mr. Schwarz wanted the case to go forward so the NFL would be found liable - too bad for him civil settlement agreements have a standard non-admission of liability clause

Wall Street Journal regards the settlement as a big victory for the league and reports the players would have had a tough time proving liability

Deal in Concussion Suit Gives NFL a Big Victory

The settlement represents a major victory for the NFL. Just a week before the 2013 season, the league has largely removed an issue that has dogged it for years and led some to suggest the sport should be banned....

Legal experts familiar with the case say the plaintiffs' attorneys didn't believe they had enough firepower to win in court. NFL lawyers were prepared to probe each plaintiff about his athletic history to try to convince the court the NFL couldn't be held liable for injuries that could have come from youth, high-school or college football—or substance abuse.

John Goldman, a litigator with Herrick, Feinstein LLP, who was following the case, said the plaintiffs had "tough legal hurdles," given the inability of players to prove what caused their injuries.

http://online.wsj.com/article/SB10001424127887324463604579042980915590474.html

Vis
08-30-2013, 09:12 AM
Cue up the, "They signed on the dotted line knowing the risks" bs.

Atlanta Dan
08-30-2013, 10:32 AM
Cue up the, "They signed on the dotted line knowing the risks" bs.

I think it just shows that when it comes to guarding its money the NFL is like any other business enterprise.

As you certainly know, high stakes litigation is not always pleasant.

Vis
08-30-2013, 10:59 AM
I think it just shows that when it comes to guarding its money the NFL is like any other business enterprise.

As you certainly know, high stakes litigation is not always pleasant.

They don't have to be like the textile plants that remove machine guards to save space.

Atlanta Dan
08-30-2013, 12:32 PM
They don't have to be like the textile plants that remove machine guards to save space.

They do not have to but they can - if you sell a product for which the appeal is inextricably tied up with the violence of the sport you presumably are not inclined to cheerfully concede the way the game has been played causes grave harm to the players - it's a business not a charity

If the players' attorneys did not think settling up for this amount now was not a decent deal they would not have settled

We both know the attorneys owed their duties to their clients, not to continuing litigation so more information would come out during discovery that would allow the somewhat less than objective Alan Schwarz of The New York Times to write more articles slamming the owners and management of a league he clearly loathes

To the extent anyone is sufficiently offended by how the NFL does business I suppose they can quit watching

Many parents with sons are going to encourage their kids not to play football regardless of what settlement payments players get - I think that is how this shakes out - the potential long term dangers of brain damage are certainly out there

Until then - just win baby

tony hipchest
08-30-2013, 12:49 PM
They do not have to but they can - if you sell a product for which the appeal is inextricably tied up with the violence of the sport you presumably are not inclined to cheerfully concede the way the game has been played causes grave harm to the players - it's a business not a charity

unicef?

http://www.youtube.com/watch?v=rQ4G-pEgwuA

Vis
08-30-2013, 02:47 PM
They do not have to but they can - if you sell a product for which the appeal is inextricably tied up with the violence of the sport you presumably are not inclined to cheerfully concede the way the game has been played causes grave harm to the players - it's a business not a charity

If the players' attorneys did not think settling up for this amount now was not a decent deal they would not have settled

We both know the attorneys owed their duties to their clients, not to continuing litigation so more information would come out during discovery that would allow the somewhat less than objective Alan Schwarz of The New York Times to write more articles slamming the owners and management of a league he clearly loathes

To the extent anyone is sufficiently offended by how the NFL does business I suppose they can quit watching

Many parents with sons are going to encourage their kids not to play football regardless of what settlement payments players get - I think that is how this shakes out - the potential long term dangers of brain damage are certainly out there

Until then - just win baby


If they don't appear to take the danger seriously and they start denying disability benefits for brain injuries again, they will end up in congressional hearings.

I love football. I loathe those want it to be a bloodsport where the hit is more important than the players.

Atlanta Dan
08-30-2013, 03:18 PM
I love football. I loathe those want it to be a bloodsport where the hit is more important than the players.

But what if the players themselves believe what some might call to some extent "blood sport" is part of the game (e.g - Mel Blount saying "football is a physical game - at least it used to be" and Ryan Clark on the league saying first they took away high hits, now they are going after low hits, at some point you might as well play flag football)

NFL is walking a fine line - they do not want to keep getting sued or be regulated, but they need to keep the ratings up

Vis
08-30-2013, 04:51 PM
But what if the players themselves believe what some might call to some extent "blood sport" is part of the game (e.g - Mel Blount saying "football is a physical game - at least it used to be" and Ryan Clark on the league saying first they took away high hits, now they are going after low hits, at some point you might as well play flag football)


What about it? No one who truly understands what a brain injury is, how it changes the very identity of the person, thinks it should continue for entertainment value. Those who do are just ignorant (some may be callous) and this extends to the players. That's the point of the suit's allegations of the leagues superior knowledge and calculated misinformation.

Atlanta Dan
08-30-2013, 06:00 PM
What about it? No one who truly understands what a brain injury is, how it changes the very identity of the person, thinks it should continue for entertainment value. Those who do are just ignorant (some may be callous) and this extends to the players. That's the point of the suit's allegations of the leagues superior knowledge and calculated misinformation.

The suit is over Vis - NFL got out with standard non-admission language and no further embarassing disclosures in discovery or at trial, so it will be up to Adam Schawarz at The New York Times and friends to keep pushing on what the NFL knew and when the NFL knew it

Please save the sermon on concussions for someone who does not recognize that repeated blows to the head can cause long term brain damage

The question is how the game can be reformed without it no longer being a sport that is so popular - just taking the position the risk of concussions should not "continue" ( a somewhat elastic term) without considering how to implement that noble goal might be regarded as some to be simplistic to the point of being, for lack of a better term, ignorant

When you say you love "football" the question can be raised of what is "football" - the iconic Steelers team reamins the 1970s Steelers that played an extraordinarily violent brand of defense - for anyone to say that brand of play did not contribute to the popularity of that team would be delusional

The Frontline promo for the upcoming "League of Denial" on the NFL and head trauma prominently features that brand of play through videos of Ernie Holmes planting Joe Ferguson in a playoff game and Mel Blount tackling a Rams player by the neck

http://www.sbnation.com/nfl/2013/8/23/4652172/league-of-denial-official-trailer
(could not embed video)

To cite an example closer to where you live, perhaps the most popular online football video play of 203 has been Jadeown Clowney's hit on a Michigan player in the Outback Bowl, which illustrates that violence still sells

http://www.youtube.com/watch?v=gC44nP7ClxM

This from former NFL head of officials Mike Pereira on teh Clowney hit and new college football rules that requires officials to eject players for targeting an opponent's head during a hit.

"When you look at the play by the NFL rules of the runner vs. the tackler, I think it would be [an ejection]. That's where the danger lies. You take what's perceived to be a great play and it turns into a penalty and an ejection."

"Remember that the only thing that has changed in the rule in college is that the penalty now carries an ejection with it. The rule itself has not changed. The NFL added verbiage about the runner and tackler, but not in college. It was already addressed in the college rule."

Godfrey: Do you expect to see targeting called more often?

"That's the thing. I would've initially said maybe no. Officials might subconsciously think well if I throw it he's automatically ejected and I'm not sure about it. But each conference has talked to their officials and the philsophy is when in doubt, throw."

"They're trying to change the philosophy, and I'm OK with that to a degree, but it gets dangerous when you start talking about automatic ejections. Very marginal hits are going to lead to ejections that not only affect that game but the following game."

[Pereira watches the hit.]

"There's actually another issue here regarding when the helmet comes off. Because when the helmet comes off, that indicates the end of the play. Does he have possession before the helmet comes off? It would've been a fiasco."

[He sighs and frowns watching replays.]

"Remember what you're dealing with in targeting. It's the crown of the head. Not simply the helmet, but the crown of your head [points to top of his head]. Not the forehead. You're looking for a guy hitting who is looking at the ground."

"Boy ..."

[Still can't make up his mind. Looks at frozen frame.]

"If I'm an official, based on 'when in doubt,' he's out. He's ejected. And when that goes to replay there's no way they overturn it. There's a great potential that hit causes an ejection this year."

http://www.sbnation.com/college-football/2013/7/22/4545524/jadeveon-clowney-hit-ncaa-ejection

To follow up on my earlier reference to Ryan Clark, this is what Clark had to say about the league now focusing on players' blows to the head and now focusing on the consequences of players going low to avoid going high

“If you start penalizing guys or fining guys a lot for hits up top, guys go to the other extreme,” Clark said. “Guys know there is no way possible I'm going to get fined if I go low. And I said it, it's going to be one or other. Guys are maybe going to hit up high and maybe risk a concussion or hurting a shoulder. And if you get hit low, the season is going to be over (with a knee injury).”

Eliminating shots down low would put defensive players, especially defensive backs, at a significant disadvantage, Clark said.

“If they decide to change rule, they might as well put flags (on players) and start playing flag football,” Clark said. “Because then you give a guy like myself, who's 200 pounds, a two-foot area to stop a guy who's 240 pounds, 250 running at full speed and that's going to be kind of hard to do.”

http://triblive.com/sports/steelers/4602883-74/clark-hits-guys#axzz2dUWI305m

I agree you can try to take more and more hitting out of the game - but the question is if the NFL evolves into the game played annually in the Po Bowl whether that game will be the game of football that has been so popular for the past half-century

It is easy for us to say the NFL must stop head injuries while continuing to market a wildly successful product just as it is easy for us to yell at the TV for the Steelers to stop Tom Brady - for the people who actually are responsible for achieving those goalas as oposed to saying those goals should be achieved it is not so easy - if it was an easy fix I doubt it would be necessary for the players to wear helmets

Vis
08-30-2013, 06:38 PM
You cannot save the game by fighting to keep it as dangerous as it has been. You can only save it making it safer. if the league doesn't it will end up forced upon them. And the sermon only came because you put in that garbage about the player's choice. You know better than that.

Atlanta Dan
08-31-2013, 03:28 PM
You cannot save the game by fighting to keep it as dangerous as it has been. You can only save it making it safer. if the league doesn't it will end up forced upon them. And the sermon only came because you put in that garbage about the player's choice. You know better than that.

I think we are more or less in agreement

I cited Mel Blount and Ryan Clark not for the purpose of claiming that if the players want gratuitous violence who are we to stop them but for the proposition that those who play the game know best how violent it is and that as you alter how the game is played (as described by Clark) it becomes a question of whether you are changing the core of the game and not just weeding out improper conduct that causes a no longer tolerated risk of brain trauma

:drink:

Atlanta Dan
09-04-2013, 01:20 PM
Goodell on why NFL settled lawsuit: 'We want to help our players'

Goodell appeared on CBS This Morning and he said the reason the NFL decided to settle was because “the most important thing to us was to be able to resolve the differences and get relief to the players as soon as possible and their families.”...

http://www.cbssports.com/nfl/eye-on-football/23474035/goodell-on-why-nfl-settled-lawsuit-we-want-to-help-our-players

What a nice man

Confounding Factor
09-04-2013, 03:27 PM
Too bad it rings hypocritically hollow.

Maybe I'm being an asshole but if you want to join the pros then you assume the risk that is involved.

And that risk does come out with a lot of money if you are good.

Concussions are going to happen unless we have the technology to some how prevent them. Not changes in where to hit.

JonM229
09-04-2013, 03:36 PM
When reached for comment, the affected veterans had this to say:

"I like eggs"

Vis
09-04-2013, 03:53 PM
A new suit was filed....

Atlanta Dan
09-04-2013, 08:30 PM
A new suit was filed....

The latest NFL players lawsuit is claimed to be a placeholder lawsuit pending approval of the settlement by the district court:noidea:

“I strongly believe this settlement is an excellent development, and will encourage all my clients to take advantage of its benefits,” James Dugan II told PFT via email. “I filed this new case on behalf of these players because the Judge has not yet approved the settlement. In the event the settlement is not approved, this filing will preserve these players’ legal rights. Additionally, Riddell is named as a defendant in this filing, and they are not a party to the settlement announced last week.”

http://profootballtalk.nbcsports.com/2013/09/04/harbaugh-raises-concerns-over-talk-of-hitting-kaepernick/related/

I am guessing you were not referring to the suit filed against the NCAA - that is the next battle to be fought

Three former college football players are suing the NCAA, saying it failed to educate them about the risks of concussions and did not do enough to prevent, diagnose and treat brain injuries.

Chris Walker and Ben Martin, who played for Tennessee from 2007-2011, and Dan Ahern, who played for North Carolina State from 1972-76, filed a class-action lawsuit in federal court in Chattanooga, Tenn., on Wednesday.

The complaint alleges the NCAA failed to meet its obligation to former players and because of its neglect the players are “suffering the dramatic consequences.” The lawsuit seeks the NCAA to fund a medical-monitoring program for former football players.

The lawsuit is similar to one filed in federal court against the NCAA in 2011 in Illinois. Attorneys in that case recently asked a judge to make it a class-action suit.

NCAA chief legal officer Donald Remy said the NCAA has not yet had the opportunity to review and evaluate the lawsuit.

Last week, the NFL agreed to pay more than three-quarters of a billion dollars to settle lawsuits from thousands of former players who developed dementia or other concussion-related health problems they say were caused by the game.

The Tennessee lawsuit was filed by Washington-based attorney Michael Hausfeld, who is also the lead attorney in the O’Bannon case that is seeking damages from the NCAA for using athletes’ images and likenesses to make billions of dollars.

“The NCAA has not taken the necessary steps to protect these former players even though the medical tools to assist them have been available for some time,” Hausfeld said. “It is not too late now for the NCAA to offer important education and needed medical testing to these former players.”

http://www.newsobserver.com/2013/09/04/3163172/former-football-players-sue-ncaa.html