Originally Posted by Atlanta Dan
The CBA argument is a standard pre-emption argument (NFL previously has relied upon the CBA to bar a challenge to the draft and needing to stay in college three years before being allowed to play pro ball) and other dismissal argument is failure to plead fraud with specificity
If you do not have facts you are not simply allowed to throw allegtaions againt the wall in a complaint and then plan to prove it up in discovery - the attorney's failure is filing a case without supporting facts - I doubt the attorney left anything out since the complaint to which you linked threw in the kitchen sink (e.g. - citing ESPN Magazine articles as averments of fact)
SJ motions will not be filed until the obligatory motions to dismiss are considered by the Courts in these cases - you then will get discovery and summary judgment motions will not be filed until at least 2013 if the cases do not settle.
Using the CBA to defend the draft and using it to prevent the coming to light of fraudulent behavior is different. Using the ESPN investigation is fine to make allegations of fact. Having all the evidence is not required before filing. i would refer you to the discovery rules. They have a purpose for existing.
Do you actually believe the NFL didn't push bad research to deny the connections? Do you just not care? The studies themselves were nothing more than loose stool water. They were ass gravy of the worse kind are are not defended as accurate anywhere.
Insurance defense lawyer?