NFL Concussion lawsuits

[tony hipchest]

the dialogue in this thread is 1 of many things that makes this forum so great. i think its a perfect microcosm of the discussions the nfl/players' big boys are having on both sides of the table right now.

i agree that thsi is very much like the tobacco lawsuits. i also agree that the big coproration was most likely sweeping the inevitable truth under the rug for as long as they could (wheter it be intentional or out of denial).

if the players didnt know taking too many knocks on the noggin was detrimental to their health, they probably werent the sharpest tools in the shed to begin with. then again, nobody ever accused dexter manley of being a rocket scientist. im sure the league capitalized on this mentality of ignorance that prevailed. when it comes to billion dolla industries, those with the least "brains" will always be the last to know.

its gonna be very interesting to see how this all plays out, and even once there is (if there is) a resolution, who is to say it is the right one? the workmans comp/OSHA angle definitely seems to be the wildcard in the players hand, cause i think the nfl and big $$$ comes out on top with theirs.

[TRH]

one thing i think everyone can agree on......the ambulence-chasing attorneys are rushing to get their seat on this train before they're all taken. They see piles and piles of money at the end of this rainbow.

[SteelersinCA]

I don't think there are piles and piles of money at the end of this rainbow. The NFL is, simply, too big to lose a lawsuit like this. It will never make it to trial. Some agreement will get worked out where the retired players get care or something.

Imagine the effect of the lawsuit. Correct me if I'm wrong, but the NFL doesn't have scientists in their employ, do they? When we say they are burying the evidence, what exactly do you mean? It is certainly one thing to deny Webster's injuries and then turn around and admit to them, but that is a far cry from actively trying to bury evidence. Do we have some allegation of a cover up?

I always bristle at the contention that people flip flop and that's somehow a bad thing. I want people to flip flop, I want people to continue to research and learn new things. I want a person who isn't afraid to back down from their position upon learning something novel. If the NFL didn't see the connection with Webster and then learned something new and reversed position, I don't see the problem with that.

I'll stay out of the civil fray, that's entirely too much paperwork for me, when it gets criminal, which I suppose wouldn't be too far fetched if they are actively burying evidence, I'll have more interest.

[4xSBChamps]

Originally Posted by SteelersinCA

The NFL is, simply, too big to lose a lawsuit like this.

I don't know if the League is 'too-BIG to lose' (see : war on cigarettes), but it is certainly more popular than the tobacco industry

[TRH]

Originally Posted by SteelersinCA

The NFL is, simply, too big to lose a lawsuit like this.

.

I would highly disagree with that.
With 'unqualified' juries and activist judges handing out ridiculous wins and stratosphere-type settlements like they're candy, nothing's too big. They said the same thing about other losing industries. Plus, there are many groups with a bullseye on the NFL who are pushing their own agenda's with the media's help. Add to that the dozens, if not hundreds of attorney's all trying to join in for their "lottery ticket" win. Not a good situation.

[Vis]

Originally Posted by TRH

I would highly disagree with that.
With 'unqualified' juries and activist judges handing out ridiculous wins and stratosphere-type settlements like they're candy, nothing's too big. They said the same thing about other losing industries. Plus, there are many groups with a bullseye on the NFL who are pushing their own agenda's with the media's help. Add to that the dozens, if not hundreds of attorney's all trying to join in for their "lottery ticket" win. Not a good situation.

Why do you spew such BS?

[TRH]

Originally Posted by Vis

Why do you spew such BS?

because its the absolute truth and we all know it. We may disagree on whether the suits are right or wrong or whatever, but there's no denying what i said.

[Bayz101]

Originally Posted by Vis

Why do you spew such BS?

Why do you feel the need to be offensive? Keep it civil, please. It's one thing if you don't agree with someone, it's another to call it bullshit.

[Vis]

Originally Posted by Bayz101

Why do you feel the need to be offensive? Keep it civil, please. It's one thing if you don't agree with someone, it's another to call it bullshit.

Bullshit mean its factually wrong and based on bias and/or ignorance. It applies to his posts. He has no understanding of tort law or the court system. If I say a Ford is a Chevy that's not a difference of opinion. It's just wrong.

[Hawaii 5-0]

Absence of NFLPA looms over concussion lawsuits

Posted by Mike Florio on May 13, 2012



Former NFL lineman Dave Pear, an advocate for former players and one of the many who are suing the league, wants former players to sign a “declaration of independence” from the NFL Players Association, according to the Denver Post.

There’s a better way for former players who are suing the NFL to separate from the NFLPA. They can sue the union, too.

To date, none of the hundreds of players who have sued the NFL have joined the NFLPA as a defendant, even though the NFLPA had a central role in the creation and efforts of the Mild Traumatic Brain Injury Committee in 1994. Indeed, NFLPA executive director DeMaurice Smith confessed to Congress in early 2010 that the union shares blame with the league for the sluggish acknowledgement and reaction to the long-term perils of head injuries.

“There is simply no justification for the NFL to have previously ignored or discredited Dr. [Bennet] Omalu and others with relevant, valid research,” Smith said at the time. “For far too long, our former players were left adrift; as I emphasized at the last hearing, we were complicit in the lack of leadership and accountability but that ends now. I am here again to make it clear that our commitment is unwavering.”

The commitment may be unwavering, but Smith’s confession is also potentially damning. Still, the NFLPA has not landed in the former players’ cross hairs.

The strategic decision to give the Players Association a pass likely arises from several factors. First, the NFL has the deep pockets that the lawyers hope to raid; in comparison, the NFLPA has peanuts. Second, suing the NFLPA would motivate the union to join with the NFL and show that nothing was hidden because no one really understood the consequences of concussions until recently, at which time the parties mobilized to make changes to the game. Third, if the NFLPA were sued, the union would have every reason to broaden the divide between current and former players, recruiting current players to testify about things some of the plaintiffs may have said regarding whether they would have played football even if they had known the risks, whether they don’t really fault the NFL for what happened, whether they’re not actually injured, and/or whether they’re simply in it for the money.

Fourth, and perhaps more importantly, a direct assault against the NFLPA would highlight that the players themselves failed to do enough to protect their own interests, since the union is the players and the players are the union and the union was working directly with the NFL from 1994 on as both parties tried to understand the impact of concussions.

As to the latter point, not suing the NFLPA won’t avoid the problem. The NFL undoubtedly will point to what lawyers call the “empty chair,” claiming that an absent party the plaintiffs chose not to sue is as culpable if not more culpable than the NFL itself.

Moreover, the fact that the plaintiffs were represented by the NFLPA creates a threshold hurdle for the entire litigation, given that the NFL has argued that the former players were subject to a Collective Bargaining Agreement that contained a grievance procedure for claims like the ones currently being made.

So while some former players may now hope to split with the NFLPA, their past connection to the union will be impossible to erase — and that could make it much harder for the former players who are suing the NFL to prevail.

http://profootballtalk.nbcsports.com...sion-lawsuits/