Originally Posted by Atlanta Dan
Well - that is sort of what dispositive motions are intended to achieve - as you well know, just because a defendant is seeking to dismiss a case on a premption argument does not mean it otherwise is liable for the alleged misconduct
. Stringer v. NFL, et al.
, 474 F.Supp.2d 894, 915 fn. 11 (S.D. Ohio 2007) ("Nothing in this opinion should be construed as indicative of the Court's views concerning the ultimate merits of these claims.")
True, and I understand your love of contracts now but you can't contract out of fraud and the attempt will open a counterclaim that the CBA negotiations were not undertaken in good faith if negotiated with an eye on this outcome.
Any thoughts on why the NFL would have picked Pellman if they really wanted the best answers medical science could provide? Does it not appear, just appear, to you that the NFL wanted a certain answer so they picked the guys to give it to them? Sure others do that too - tobacco etc...but it being old hat doesn't make it right. What do you think on the merits here.