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Breaking News on the Trial in San Francisco

Nov 10, 2008

This is just coming in right now on the class lawsuit by Bernie Parrish, Herb Adderley, Walter Roberts and a cast of thousands against the NFLPA/Players Inc. in San Francisco. It looks like the jury has come back in favor of the plaintiffs! More as news breaks…

In short, WE WON!!! On both counts of Breach of Contract, Breach of Fiduciary Duty and the jury is now charged with considering punitive damages.

And More: Plaintiffs are awarded a total of $28 million: $7.1 million in royalties etc. PLUS $21 million in punitive damages. Wa-hoo!

And we’re all still wondering just exactly how much the NFLPA and Players Inc. wasted of the Union’s money (YOUR money) to fight this lawsuit over the past 2 years? And how much more they’re probably considering to appeal the award?

And congratulations and credit are also in order for Ron Katz and his co-cousel for a fine job representing the players.

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14 Responses so far | Have Your Say!

  1. Sharon Hawkins
    November 10th, 2008 at 5:06 pm #

    Dave,

    Now, let’s go after a proper disability plan!

    Can we create a class action about this issue?

    Sharon for Wayne Hawkins
    Oakland Raiders
    Wayne Hawkins

  2. Dave Pear
    November 10th, 2008 at 5:43 pm #

    Sharon and Wayne -

    Hopefully this trial will go a long way to establish a consistent pattern of greed and fraud by those who were supposed to represent us!

    We’ll continue to petition for justice for ALL retired players. Breach of fiduciary duty will be Gene Upshaw’s legacy towards retired and disabled players. GREED and conflicts of interest are pervasive throughout the NFLPA. A GLA audit will expose layer upon layer of fraud. We must continue with zeal to stand firm until we are vindicated.

    Sincerely,
    Dave & Heidi Pear
    Dave & Heidi Pear

  3. Chris Burford
    November 10th, 2008 at 6:52 pm #

    Chris Burford
    Great going Ron and all the guys that got screwed. The bastards will probably appeal. Let’s go after them for fraud and intentional misrepresentation for all of us who were not a part of this judgment as the NFLPA has been defrauding all of us since the 70′s and 80′s.

    Good going Bernie, Herb, Walt et al… proud of you!

    Chris Burford
    Texans/Chiefs
    1960 – 1967

  4. Kathy Smith
    November 10th, 2008 at 7:10 pm #

    Lucious Smith
    Dear Dave,

    Lucious and I want to thank everyone who supported the retired players in this effort for justice especially, Ron Katz and all of his great staff members. Our gratitude and appreciation also go to Bernie Parrish, Herb Adderley and Walter “The Flea” Roberts who stood up when no one else would.

    Also the ongoing voices of our supporters: Brent Boyd, Bruce Laird, Bryant Gumble, John Hogan, Abner Haynes, Mike Ditka. We love all of you guys!

    We cannot forget that we all need future royalties as a group just like other sports receive!

    Mr. and Mrs. Lucious Smith
    Retired NFL Player 1980 – 1986
    LA Rams, KC Chiefs, SD Chargers

  5. Jury awards former football stars $28.1 million | Zoneblitz.com
    November 10th, 2008 at 7:59 pm #

    [...] least one retired NFL player, Dave Pear, posted an excited reaction on his Web site. “And we’re all still wondering just exactly how much the NFLPA and Players inc. wasted [...]

  6. Thomas Hollywood Henderson
    November 11th, 2008 at 3:33 pm #

    Hollywood Henderson
    My name and likeness was used in the Madden games that featured the ’77 Cowboys. I received one $10.00 check from NFLPA in all these years!

    I hope after the predictable appeals, we’re all finally paid our fair share of royalties. Gene Upshaw was not kidding when he said, “I don’t work for retired players.” Let’s all hold our breath while this runs its course.

    Thomas Henderson

  7. Brant Boyer
    November 11th, 2008 at 6:40 pm #

    Brant Boyer
    It’s about time! It’s too bad that regardless of which generation of players that you played with (1994 – 2005 in my case), it always seems to take a long and drawn out process in court for the NFL and the NFLPA to do what’s right.

    It’s pretty clear to me that if there is any way possible, the retired players may need to separate from the current players union and create our own. As retired players, we also need to help each other in any way possible… Congrats again…

    Please let me know if I can ever help you guys in the future.

    Brant Boyer

  8. Chidi Ahanotu
    November 11th, 2008 at 7:08 pm #

    Chidi Ahanotu
    So what exactly does this mean as far as money payouts to all former players???

    When do our guys get paid?

    Chidi Ahanotu
    Vice President NFL Retired Players Association
    Tampa Chapter

  9. Steve Wilson
    November 12th, 2008 at 5:17 am #

    Steve Wilson
    What players does this apply to and does this open the door to totally revamping the NFL Pension Plan?

    Steve Wilson

  10. Conrad Dobler
    November 12th, 2008 at 6:10 am #

    Conrad Dobler
    A great job by all! Now we must wait to see how this plays out. The NFLPA will continue to fight this as long as they have the players’ money to burn.

    Thanks Herb, Bernie, Walt and everyone else involved. Thanks to those who took time out of their day to attend court.

    I can’t understand why the owners and the NFLPA don’t know that what made us great players in the NFL was our attitude of never giving up. That’s what makes a good NFL player and what made the NFL.

    They could save a lot of legal money if they just understood that fact. And they call us a bunch of dumb jocks. They’re not looking too smart right now.

    Conrad Dobler

  11. Rick Wenala
    November 12th, 2008 at 9:49 am #

    As I sat in the Chicago airport yesterday and read about the award in the USA Today, I couldn’t help thinking that justice is finally coming your way. Congratulations on the first round! Now finish the job and get the rest of what’s deserved for you guys and your families.

    Rick Wenala

  12. Doug Brien
    November 24th, 2008 at 10:54 am #

    Doug Brien
    I am wondering if I’m the only one that was never provided a GLA post-retirement from the NFL. I’m not included in the list of players eligible for the settlement (because I did not sign a GLA in any of the necessary years) despite a 12-year career that ended in 2005.

    My feeling would be that all retired players should be furnished with a GLA on an annual basis. I’m not sure if the NFLPA’s failing to provide me with a GLA to sign is a breach of their duty in some way.

    I would love to hear your comments.

    Thanks
    Doug Brien
    1994 – 2005

  13. robert
    November 24th, 2008 at 11:14 am #

    Doug -

    What’s even more interesting is the fact that you’re a VERY prominent kicker in the Electronic Arts game, Madden 2005. In fact, I think this is your image from the game:
    Doug Brien from Gamespot per Madden 2005

    And here’s a link to the fantasy football gaming page that talks about how indispensable you are:

    http://www.gamespot.com/features/6115948/index.html

    My question would be who’s actually in charge of reinforcing copyright of all the players’ images, retired or current? And why aren’t they ensuring that all players images are paid for fairly? I can assure you that if someone were to use a rock star’s image or song without permission, they’d be sued by the record label and the music industry to the ends of the earth and beyond!

    Robert

  14. Dave Pear’s letter to acting NFL Commissioner « Fourth and Goal Foundation
    December 7th, 2008 at 7:33 pm #

    [...] players were elated to hear about a hard-fought victory that was years in the making. (Click HERE to read that earlier post.) But it didn’t take long for more and more retired players to realize [...]