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Old 05-22-2012, 07:22 PM   #51
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Default Re: NFL Concussion lawsuits

I disagree. Players didn't know the risk. Some still won't believe. Look at the lack of knowledge on brain injuries on Internet forums. Why would players know more? NFL knew more, or should have known and the league is vicariously liable for that knowledge at the very least. I think they had actual knowledge and took action to hide it including the bs reports. I think this is part of the reason for goodell's actions the last 3 years. He's taking subsequent remedial measures.
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Old 05-22-2012, 07:35 PM   #52
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Default Re: NFL Concussion lawsuits

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Originally Posted by Vis View Post
I disagree. Players didn't know the risk. Some still won't believe. Look at the lack of knowledge on brain injuries on Internet forums. Why would players know more? NFL knew more, or should have known and the league is vicariously liable for that knowledge at the very least. I think they had actual knowledge and took action to hide it including the bs reports. I think this is part of the reason for goodell's actions the last 3 years. He's taking subsequent remedial measures.
Before Goodell, Tagliabue was the commissioner. Before Tagliabue was the commissioner he was a partner at Covington & Burling and Rozelle's consigliere. It is not as if the league was run by former sportswriters until Goodell showed up

The NFL has spent a big part of the last three decades in court and knows the perils of litigation. IMO the league will need to pay some significant $$$ but I do not think it will get to the point the lawsuits will not get resolved in a manner acceptable to the league.

The long term problem for the league is that parents are afraid their sons will be brain damaged if they play football and only poor folks play the sport as a way to hopefully at least get a scholarship.
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Old 05-22-2012, 08:25 PM   #53
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Default Re: NFL Concussion lawsuits

Wonder how much that the players will be filing like it could, would not be surprising if it ended up a lawsuit in-between $100M-$300M. As more and more players will be coming forward with lawsuits.
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Old 05-22-2012, 08:47 PM   #54
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Default Re: NFL Concussion lawsuits

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Wonder how much that the players will be filing like it could, would not be surprising if it ended up a lawsuit in-between $100M-$300M. As more and more players will be coming forward with lawsuits.
Approximately 2000 players have filed suit. $100,000 a plaintiff works out to $200 million.

It''s a minimum billion dollar case after you cost out getting the attorneys their 40% fee to cover all players in the class
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Old 05-23-2012, 07:14 AM   #55
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Default Re: NFL Concussion lawsuits

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Approximately 2000 players have filed suit. $100,000 a plaintiff works out to $200 million.

It''s a minimum billion dollar case after you cost out getting the attorneys their 40% fee to cover all players in the class
That's not the way class actions work and only some are class actions. Expect a settlement that establishes a pension type fund and requires lifetime care for players with a proven brain injury and and independent panel to decide if it's proven. The NFL has a history of denying obviously related injuries. Individual players recovery will vary. The first big fights will be about consolidation. The NFL will want them all in Philly under 1 judge. And they will want a settlement of the class to bind future claimants.
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Old 05-23-2012, 08:03 AM   #56
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Default Re: NFL Concussion lawsuits

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That's not the way class actions work and only some are class actions. Expect a settlement that establishes a pension type fund and requires lifetime care for players with a proven brain injury and and independent panel to decide if it's proven. The NFL has a history of denying obviously related injuries. Individual players recovery will vary. The first big fights will be about consolidation. The NFL will want them all in Philly under 1 judge. And they will want a settlement of the class to bind future claimants.
Thanks for the civil procedure lecture Vis - seeing as it was me who posted the link here to the league's motion filied in the USDC ED PA I am aware of the league's interet in MDL.

My point is the NFL is going to need to write a big enough check that satisfies the plaintiffs and covers the plaintiffs' fees out of any settlement. I assume you agree the plaintiffs' attorneys here probably have a contingent fee arrangement if this site reflects how plaintiffs' attornys are securing clients for these cases
("There are no costs whatsoever to becoome involved in any of the lawsuits.")

http://www.playerinjury.com/?tw_p=twt

Those attornsy are going to want to get paid out of settlement proceeds. Future claimants can go before a disability panel but the attorneys who have filed suit to date are not doing this pro bono

What value do you place on the NFL buying peace in this case?.

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Old 05-23-2012, 08:53 AM   #57
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Default Re: NFL Concussion lawsuits

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Thanks for the civil procedure lecture Vis - seeing as it was me who posted the link here to the league's motion filied in the USDC ED PA I am aware of the league's interet in MDL.

My point is the NFL is going to need to write a big enough check that satisfies the plaintiffs and covers the plaintiffs' fees out of any settlement. I assume you agree the plaintiffs' attorneys here probably have a contingent fee arrangement if this site reflects how plaintiffs' attornys are securing clients for these cases
("There are no costs whatsoever to becoome involved in any of the lawsuits.")

http://www.playerinjury.com/?tw_p=twt

Those attornsy are going to want to get paid out of settlement proceeds. Future claimants can go before a disability panel but the attorneys who have filed suit to date are not doing this pro bono

What value do you place on the NFL buying peace in this case?.
Sure the plaintiff's lawyers have a contingency agreement. it's the only way the plaintiffs can afford to hire them. the NFL will pay on an hourly basis. The defense lawyers get paid, win or lose and the plaintiff's lawyers take a bath on all the time and costs if they lose. Even with a victory, I bet the plaintiff's lawyers have lower fees than the defense lawyers.

The suits I read don't just ask for money and I'm not sure what you mean by the NFL will have to write a check big enough to satisfy the plaintiffs. Settlements are compromises based on each parties assessments of the risk of going forward. What it won't be is a single and equal dollar amount per plaintiff like you posted be it $100,000.00 or any other amount.

The NFL has money. Don't worry there. If you want a worry, consider the possible terms of the injunctive relief.
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Old 06-07-2012, 01:29 PM   #58
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Default Re: NFL Concussion lawsuits

Mega-lawsuit says NFL hid brain injury links

By MARYCLAIRE DALE - Associated Press
June 7, 2012

PHILADELPHIA (AP) -- A concussion-related lawsuit bringing together scores of cases has been filed in federal court, accusing the NFL of hiding information that linked football-related head trauma to permanent brain injuries.

Lawyers for former players say more than 80 pending lawsuits are consolidated in the "master complaint" filed Thursday in Philadelphia.

Plaintiffs hope to hold the NFL responsible for the care of players suffering from dementia, Alzheimer's disease and other neurological conditions. Other former players remain asymptomatic, but worry about the future and want medical monitoring. The helmet-maker Riddell, Inc. also is named as a defendant.

"I want this game to be around, to be a great sport, a sport that my own boys will be able to play and enjoy all the benefits I believe that football has," said former Eagles and Patriots running back Kevin Turner, now suffering from amyotrophic lateral sclerosis.

"Let's face it and be honest, I feel like the NFL has over the past decades - at least until `08 or `09 - kind of turned a blind eye to the seriousness of not only concussions ... but the cumulative effect of (hits) and how these retired players are having so much difficulty in getting along in their daily lives."

The suit accuses the NFL of "mythologizing" and glorifying violence through the media, including its NFL Films division.

"The NFL, like the sport of boxing, was aware of the health risks associated with repetitive blows producing sub-concussive and concussive results and the fact that some members of the NFL player population were at significant risk of developing long-term brain damage and cognitive decline as a result," the complaint charges.

"Despite its knowledge and controlling role in governing player conduct on and off the field, the NFL turned a blind eye to the risk and failed to warn and/or impose safety regulations governing this well-recognized health and safety problem."

The league has denied similar accusations in the past.

"Our legal team will review today's filing that is intended to consolidate plaintiffs' existing claims into one `master' complaint," the NFL said in a statement. "The NFL has long made player safety a priority and continues to do so. Any allegation that the NFL sought to mislead players has no merit. It stands in contrast to the league's many actions to better protect players and advance the science and medical understanding of the management and treatment of concussions."

The NFL provides a series of medical benefits to former NFL players to help them after football, including joint replacement, neurological evaluations and spine treatment programs, assisted living partnerships, long-term care insurance, prescription benefits, life insurance programs, and a Medicare supplement program.

One of the programs, the 88 Plan, named after Hall of Fame tight end John Mackey, provides funding to treat dementia, Alzheimer's disease, and ALS. Players do not need to demonstrate that the condition was caused by their participation in the NFL.

The league says that in partnership with the NFLPA it has spent more than a billion dollars on pensions, medical and disability benefits for retired players.

Mary Ann Easterling will remain a plaintiff despite the April suicide of her husband, former Atlanta Falcons safety Ray Easterling, who had been a named plaintiff in a suit filed last year.

Easterling, 62, suffered from undiagnosed dementia for many years that left him angry and volatile, his widow said. He acted out of character, behaving oddly at family parties and making risky business decisions that eventually cost them their home. They were married 36 years and had one daughter. She believes the NFL has no idea what families go through.

"I wish I could sit down with (NFL Commissioner Roger Goodell) and share with him the pain. It's not just the spouses, it's the kids, too," Easterling, 59, told The Associated Press from her home in Richmond, Va. "Kids don't understand why Dad is angry all the time."

Ray Easterling played for the Falcons from 1972 to 1979, helping to lead the team's "Gritz Blitz" defense in 1977 that set the NFL record for fewest points allowed in a season. He never earned more than $75,000 from the sport, his widow said. After his football career, he started a financial services company, but had to abandon the career in about 1990, plagued by insomnia and depression, she said.

"I think the thing that was so discouraging was just the denial by the NFL," Mary Ann Easterling said. "His sentiment toward the end was that if he had a choice to do it all over again, he wouldn't (play). ... He was realizing how fast he was going downhill."

The list of notable former players connected to concussion lawsuits is extensive and includes the family of Dave Duerson, who shot himself last year. Ex-quarterback Jim McMahon, Duerson's teammate on Super Bowl-winning 1985 Chicago Bears, also has been among the plaintiffs.

The cases are being consolidated for pretrial issues and discovery before Senior U.S. District Judge Anita B. Brody in Philadelphia.

The players accuse the NFL of negligence and intentional misconduct in its response to the headaches, dizziness and dementia that former players have reported, even after forming the Mild Traumatic Brain Injury Committee to study the issue in 1994.

"After voluntarily assuming a duty to investigate, study, and truthfully report to the public and NFL players, including the Plaintiffs, the medical risks associated with MTBI in football, the NFL instead produced industry-funded, biased, and falsified research that falsely claimed that concussive and sub-concussive head impacts in football do not present serious, life-altering risks," the complaint says.

The problem of concussions in the NFL has moved steadily into the litigation phase for about a year.

According to an AP review of 81 lawsuits filed through May 25, the plaintiffs include 2,138 former players. The total number of plaintiffs in those cases is 3,356, which includes players, spouses and other relatives or representatives.

Some of the plaintiffs are named in more than one complaint, but the AP count did not include duplicated names in its total. The master suit contains a provision to allow other players to join it as plaintiffs and attorneys expect that to happen.

"We want to see them take care of the players," Mary Ann Easterling said.

http://hosted.ap.org/dynamic/stories...MPLATE=DEFAULT
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Old 06-07-2012, 06:54 PM   #59
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Default Re: NFL Concussion lawsuits

Game on

PLAINTIFFS’ MASTER ADMINISTRATIVE LONG-FORM COMPLAINT

The NFL Has Mythologized Violence Through the Media.
50. Part of the NFL Defendants’ strategy to promote NFL football is: (a) to mythologize players and Teams; (b) to glorify the accomplishments of individuals and Teams; and (c) to glorify the brutality and ferocity of NFL football, by lauding and mythologizing the most brutal and ferocious players and collisions, and simultaneously propagating the fraudulent representation that “getting your bell rung,” “being dinged” and putting big hits on others is a badge of courage and does not seriously threaten one’s health....

The NFL Markets and Glorifies Football’s Violence Through NFL Films.
53. NFL Films is an agent and instrumentality of the NFL Defendants devoted to producing promotional films for the NFL. One television critic described NFL Films as “the greatest in-house P.R. machine in pro sports history… an outfit that could make even a tedious stalemate seem as momentous as the battle for the Alamo.”...

55. The NFL focuses on violence as one of the NFL’s greatest selling points: the football player as gladiator. To advance the NFL Defendants’ purpose, NFL Films has created numerous highlight features that focus solely on the hardest-hits that take place on the football field. These featured videos are marketed and sold to advance the NFL’s culture of violence as entertainment....

The NFL Was and Is in a Superior Position of Knowledge and Authority and Owed a Duty to Players
84. At all times, the NFL’s unique historical vantage point at the apex of the sport of football, paired with its unmatched resources as the most well-funded organization devoted to the business of the game, has afforded it unparalleled access to data relating the effect of head impacts on football players and made it an institutional repository of decades of accumulated knowledge about head injuries to players.
85. The NFL’s accumulated knowledge about head injuries to players, and the associated health risks therefrom, was at all times vastly superior to that readily available to the Plaintiffs.

The NFL Knew the Dangers and Risks Associated with Repetitive Head Impacts and Concussions
108. For decades, the NFL has been aware that multiple blows to the head can lead to longterm brain injury, including but not limited to memory loss, dementia, depression, and CTE and its related symptoms.

The NFL Voluntarily Undertook the Responsibility of Studying Head Impacts In Football,
Yet Fraudulently Concealed Their Long-Term Effects.

148. In 1994, then NFL commissioner Paul Tagliabue agreed to fund a committee to study the issue of head injury in the NFL. The NFL voluntarily and unilaterally proceeded to form the committee to study the issue. This Committee, the Mild Traumatic Brain Injury Committee (“MTBI Committee”) voluntarily undertook the responsibility of studying the effects of concussions and subconcussive injury on NFL players....

151. Rather than exercising reasonable care in these duties, the NFL immediately engaged in a long-running course of fraudulent and negligent conduct, which included a campaign of disinformation designed to (a) dispute accepted and valid neuroscience regarding the connection between repetitive traumatic brain injuries and concussions and degenerative brain disease such as CTE; and (b) to create a falsified body of research which the NFL could cite as proof that truthful and accepted neuroscience on the subject was inconclusive and subject to doubt....

245. As a direct result of the fraudulent concealment and misrepresentations by the NFL,
former players have for many decades been led to believe that the symptoms of early-onset dementia, ALS, loss of memory, headaches, confusion, and the inability to function were not caused by events occurring while they played in the NFL. And, as a result of this willful and malicious conduct, these former players have been deprived of medical treatment, incurred expenses, lost employment, suffered humiliation and other damages to be specified.

http://nflconcussionlitigation.com/w...Complaint1.pdf
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Old 06-08-2012, 01:20 AM   #60
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Default Re: NFL Concussion lawsuits

Mega-lawsuit says NFL hid brain injury links

By Barry Wilner Ap Pro Football Writer
Published: Thursday, June 7, 2012

NEW YORK — Scores of lawsuits involving thousands of former players touched by concussions and brain injuries have been consolidated into one master complaint, setting up a massive and potentially costly case for the NFL.

Lawyers for the players filed the complaint Thursday in Philadelphia, accusing the NFL of hiding information that linked football-related head trauma to permanent brain injuries. Among the illnesses cited were dementia and Alzheimer’s disease.

The plaintiffs hope to hold the NFL responsible for the care of players suffering from those health problems.

“The NFL must open its eyes to the consequences of its actions,” said Kevin Turner, a former running back with the Patriots and Eagles who has been diagnosed with amyotrophic lateral sclerosis (ALS). “The NFL has the power not only to give former players the care they deserve, but also to ensure that future generations of football players do not suffer the way that many in my generation have.”

Also named in the suit was helmet-maker Riddell, Inc.

The suit accuses the NFL of “mythologizing” and glorifying violence through the media, including its NFL Films division.

“The NFL, like the sport of boxing, was aware of the health risks associated with repetitive blows producing sub-concussive and concussive results and the fact that some members of the NFL player population were at significant risk of developing long-term brain damage and cognitive decline as a result,” the complaint charges.

“Despite its knowledge and controlling role in governing player conduct on and off the field, the NFL turned a blind eye to the risk and failed to warn and/or impose safety regulations governing this well-recognized health and safety problem.”

In response, the NFL cited the many health programs it runs for current and former players, and a series of medical benefits to former NFL players to help them after football. Those include joint replacement, neurological evaluations and spine treatment programs, assisted living partnerships, long-term care insurance, prescription benefits, life insurance programs, and a Medicare supplement program.

“The NFL has long made player safety a priority and continues to do so,” the league said in a statement. “Any allegation that the NFL sought to mislead players has no merit. It stands in contrast to the league’s many actions to better protect players and advance the science and medical understanding of the management and treatment of concussions.”

The league added that in partnership with the NFL Players Association it has spent more than a billion dollars on pensions, medical and disability benefits for retired players.

Turner, however, sees little positive coming from those programs.

“For the longest time, about the first 10 years after I retired in January 2000, I thought I had just turned into a loser overnight,” he said. “I couldn’t figure out what was wrong. It was a very scary proposition — until I found out there were a lot more guys just like me. I find they had been through some of the same struggles. I realized this is no longer a coincidence.”

Attorneys for the players said they were not trying to tear apart the NFL, only to ensure that it lives up to its obligations to provide a safer sport. And that it offers proper care for those who have retired from the game.

Mary Ann Easterling echoed those thoughts.

She will remain a plaintiff despite the April suicide of her husband, former Atlanta Falcons safety Ray Easterling, who had been a named plaintiff in a suit filed last year. Easterling, 62, suffered from undiagnosed dementia for many years that left him angry and volatile, his widow said. He acted out of character, behaving oddly at family parties and making risky business decisions that eventually cost them their home. They were married 36 years and had one daughter. She believes the NFL has no idea what families go through.

“I wish I could sit down with (NFL Commissioner Roger Goodell) and share with him the pain. It’s not just the spouses, it’s the kids, too,” Easterling, 59, told The Associated Press from her home in Richmond, Va. “Kids don’t understand why Dad is angry all the time.

“I think the thing that was so discouraging was just the denial by the NFL.”

The list of notable former players connected to concussion lawsuits is extensive and includes the family of Dave Duerson, who shot himself last year.

According to an AP review of 81 lawsuits filed through May 25, the plaintiffs include 2,138 former players. The total number of plaintiffs in those cases is 3,356, which includes players, spouses and other relatives or representatives.

Some of the plaintiffs are named in more than one complaint, but the AP count did not include duplicated names in its total. The master suit contains a provision to allow other players to join it as plaintiffs and attorneys expect that to happen.

“I just want the NFL to stand up and be accountable for its actions,” Turner said. “That is how we can prevent more people from suffering and keeping this game that has plenty of benefits. But we can make it safer and I am hoping that’s what we do.”

http://triblive.com/sports/steelers/...rling-football
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