Dave Pear's Blog

Yesterday, word came out of San Fransisco that the Class Action suit, filed on our behalf, was certified by Judge William Alsup. This simply means that the judge felt there was substantial evidence to proceed. (We just posted Bernie Parrish’s personal update on Judge Alsup’s ruling HERE.) So how does the NFLPA pass on this information to you? Here’s their spun Press Release:

Judge Rejects Parrish Claim

Washington, D.C.– Federal District Court Judge William Alsup today rejected claims by former player Bernie Parrish that he should be allowed to represent a class of former players in a suit against the NFLPA. Citing “extreme remarks” and “racially charged comments” by Parrish along with his “personal vendetta against Gene Upshaw,” Judge Alsup ruled that Parrish could not pursue his claims on behalf of former players.

In further support for his ruling, Judge Alsup also cited apparent irregularities in Parrish’s stewardship of the Retired Professional Football Players for Justice, an organization which solicited “roughly $5,500″ in funds from NFL players which are now depleted. Judge Alsup noted that that organization has become inacticve, with no explanation as to how the $5,500 was spent by Parrish. As the Judge stated: “Parrish’s vindictive remarks aimed at defendants, the racial slurs in several of his statements, his stated unwillingness to ever settle this case, and his blemished track record of representing retired players–all demonstrate that he cannot be trusted to fulfill his fudiciary duty to the proposed class.”

After receiving the decision NFLPA General Counsel Richard Berthelsen stated: “We have said all along that Bernie Parrish represents no one but himself, and that he was only advancing his own agenda at the expense of others. We are glad that the court realized the type of individual it was adealing with, and that it denied him the legal standing he sought in the case.”

In another part of the ruling issued today, Judge Alsup “provisionally” certified a class of certain former players who had signed group licensing authorizations (GLA’s) with the NFLPA, and allowed former player Herb Adderley to serve as a class representative for those players.

Jeffrey Kessler, counsel for the NFLPA in the lawsuit, stated that he believed this ruling was based upon an incorrect factual assumption by the court. Said Kessler: “The court found that there had been essentially no revenue received under the GLA’s by the former players, but that is not the case. Even the decision acknowledges that a great number of players received significant amounts through the program. We intend to clarify that matter in subsequent proceedings before the court.”

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So according to the headline straight off the NFLPA website, it makes the statement:

“Judge Rejects Parrish Claim“

Not only was the claim NOT rejected but Judge Allsup stated:

“The group licensing agreement is a masterpiece of obfuscation,” Alsup said in his order. “Thousands have signed up but without receiving a penny.”

Now I am not smart enough to know what “obfuscation” means so I had to look it up.

“Obfuscation is the concealment of meaning in communication, making it confusing and harder to interpret.”

Kind of sounds like what we have to deal with when it comes to our Disability Plan or just about any statement coming out of the NFLPA.

The facts are that while Bernie Parrish’s name cannot be attached to the Class Action Suit, Herb Adderley’s name is and any pretense from the NFLPA that they are free and clear is just not factual.

This statement was one of my favorites:

“After receiving the decision, NFLPA General Counsel Richard Berthelsen stated: “We have said all along that Bernie Parrish represents no one but himself, and that he was only advancing his own agenda at the expense of others.”

Mr. Berthelsen is sorely mistaken. First of all, Bernie Parrish picked up the expense of the Class Action Suit out of his own pocket. Secondly, by the tone of the e-mails I receive daily, it is quite evident that most of the Retired NFL Players agree that the NFLPA has not acted on our behalf for a long time and that Bernie and Herb’s efforts to expose what has happened is supported by the majority. Maybe Mr. Berthelsen needs a few e-mails from Retired Players to let him know that Bernie is not alone.

It is apparent that the NFLPA thinks we are unable to figure out what’s going on. They put their spin up on the NFLPA website with the assumption that we do not have the intelligence nor the will to figure out what is the truth. NO MORE, Mr. Berthelsen. I think it’s time these guys understand they’re dealing with serious men and serious issues and we will not go away.

Tony Davis

2 Responses so far | Have Your Say!

1. john hogan
   May 1st, 2008 at 3:55 am #

   

   OK, Tony, since you’re throwing around big words, how about “incorrigible“…defined as “not capable of being made better or cured because so bad or so firmly fixed…see: NFLPA…” What other union would spend multi-millions of dollars to fight against the rightful interests of its members? Like paying $147,000 for a legal brief to take a position AGAINST adopting a law that would have made it easier for players to prove their disability? Like spending millions of dollars to litigate against Mike Webster (and his estate) in spite of the fact that ALL of the medical opinions in his disability claim – including those of the Plan’s own experts – were fully supportive of his claim?

   Here are a few more “words for the day”: “valiant”; “indefatigable”; “righteous” – see: Bernie, Herb, Dave, Tony, Merc, Brent, Bruce, “Hog”, Joe, et.al….

   John Hogan

2. Bob Swenson
   November 14th, 2008 at 1:15 pm #

   
   Are you the same Dave Pear that played at Washington? I believe my roommate at Cal played with you in some all star games. His name was Chris Mackie. Anyway I went on to play with the Broncos for 10 years and was wondering if you were the same guy?

   Bob Swenson