Retired Players: – 2 NFLPA: 0
This just in from Associated Press. And that hissing sound you hear is more air going out of the NFLPA. The entire 7-page order is below the AP clip.
Judge upholds verdict against NFLPA
SAN FRANCISCO — A federal judge has upheld a jury award of $28.1-million (all currency U.S.) to retired football players who sued the NFL Players’ Association for allegedly failing to properly market their images.
The judge said Tuesday there was sufficient evidence presented at trial in November that the union actively sought to cut out the retired players from lucrative contracts for the benefit of current players.
The jury said the union owed the retirees $7.1-million in actual damages for failing to include them in lucrative marketing deals with Electronic Arts Inc., the maker of the popular “Madden NFL” video games, and other sponsorship agreements.
The jury also ordered $21-million punitive damages. Distribution of the money will be determined later.
Here are the entire 7 pages of Judge Alsup’s final order (click on an image to enlarge it for reading):
Or you can download a Adobe PDF version by clicking HERE.
Harry Jacobs
January 14th, 2009 at 7:50 am #
Team,
The verdict says that our American system says the NFL Players Association is guilty of mishandling their contracts with many retired NFL players.
As you may remember, I’m one player who hasn’t been involved with these issues up until 2007. Since becoming involved as the President for the Buffalo Bills Alumni, I’ve stayed away from the emotion of the issues and tried to find ‘my truth.’ This is substantial ‘truth.’
I would now like to hear from those who care to enlighten me so that I too can become passionate about the ‘facts’ and then stand tall for what I see as ‘my truth’.
Can someone define for me – and others like me – who have not been involved:
Who controlled the NFL Players Association;
What is the relationship between who controls the NFL Players Association;
And how are they connected to the current players and to the owners?
I think I know, but would like to hear from some one WHO REALLY KNOWS.
I’m 72 and I believe God wants me to make a difference and this seems to be an area that I can make a ‘dent’ when I know what is ‘truth.’
Your teammate,
Harry Jacobs
Buffalo Bills
Alumni President
Mark Cooper 83-89
January 14th, 2009 at 8:07 am #
Dave,
I’ve sent e-mails to folks and never get a real answer. Just answers like ‘We’ll see what we find out’ or ‘We’ll ask someone about it’, or ‘I’ll forward it to the attorneys that handled the prior suit.’
My answer to know the outcry of retired players’ question in the e-mail going around to retirees is simple; questions are asked and it’s hard to get a definitive answer anywhere.
I’ll ask the question again: Why wouldn’t the legal firm that won this suit take on another suit of breach of fiduciary responsibility on the players behalf?
I don’t have the connections or contacts or the history behind the case. There’s no point person to take the question. Is there a chain of command that takes these questions? We haven’t had a real NFLPA group in Denver for as long as I’ve been here since 1983?
Curious.
Mark Cooper
Offensive Lineman
Denver 83-87
Tampa 87-89
Dave Pear
January 14th, 2009 at 10:10 am #
Dear Mark,
This is only the start of exposing the fraud and GREED that is pervasive throughout our “union,” the NFLPA. I’m sure there will be more suits to follow! I hope you’ll keep following my blog to become familiar with the facts and the enemy!
Gene Upshaw and his gang proved to be ruthless enemies of retired players. Nothing will change until we clean house in the NFLPA and rid ourselves of the current LEADERSHIP along with their minions and all who curry favor for unjust gains!
Sincerely,
Dave & Heidi Pear
Dave Pear
January 14th, 2009 at 10:41 am #
Harry,
This is only the start of exposing the fraud that is pervasive throughout the NFLPA leadership! A GAO audit (government accountability office) would make this transparent for all to see. If the current NFLPA leadership has been found guilty of BREACHING their FIDUCIARY responsibility in the Players Inc. swindle, surely they are doing the same in disability and pensions, as well as everywhere else!
However, the truth is starting to come out and it’s a sordid, sordid reality. Please keep coming back to our blog and view the facts about these counterfeit, cocksure and GREEDY impostors.
Sincerely,
Dave & Heidi Pear
Irv Cross
January 14th, 2009 at 11:31 am #
Mark:
A lot of us have a number of questions, but it seems to me you need some background.
The best suggestion I can make is for you to go to the NFLPLAYERS website and read the material about the history of the union; then call the players’ legal department for a copy of the Constitution and By-Laws. Use this number: 800-372-2000. After you digest this material you will be able to understand the structure of the union.
Hey Dave – Could you put a copy of the NFLPA’s Constitution and By-Laws on your blog for everyone to see? It would make interesting reading, particularly at this time when a new Executive Direrctor is being sought.
BERNIE, HERB and “FLEA”: Thanks $28.1 million!
Guys – how can we consolidate all of the various alumni groups to speak as one body with legal and disability experts to protect and represent our issues? I know Abner Haynes is moving in that direction. How can we help him? We can get a lot accomplished over the internet. LET’S STICK TOGETHER!
Peace
Irv
John Hogan
January 14th, 2009 at 12:58 pm #
Coach Harry -
Obviously Gene Upshaw was in total control and active players were making so much money that they were afraid to question anything he did. (Perhaps with the exception of Troy Vincent.) It’s just like the Madoff Ponzi scheme investment scandal – his investors were making so much money, they were afraid to ask questions and now many are ruined. Retired players haven’t had any truly significant voice in the Union’s dealings, and have until fairly recently been kept in the dark.
I never cease to be amazed at the disconnect between the active and retired players, particularly in light of the rather short duration of most active players’ careers, and the marvelous camaraderie I witness whenever I attend a retired players’ gathering.
I think Irv has some great ideas,(as usual) but I believe there have been postings on RetiredPlayers.org indicating that the constitution and by-laws were routinely violated. As he mentions, many guys are working on organizing a retired players’ summit. While all are welcome, perhaps we need to insure that each NFLPA retired players’ chapter and each NFL Alumni chapter is represented?
Gene obviously thought he could do whatever he wanted and for many years, he got away with it. To poorly paraphrase an old Irish-ism “I’m glad Gene isn’t alive to see the Class Action verdict, as surely it would be the death of him!”
Upshaw must have thought he was immortal, too, as it struck me rather odd when, only a few months before he died, he stifled efforts to have a successor-in-waiting.
You guys deserve so much more from your union,and the marvelous game of football you gave so much for!
I, too, am looking forward to the retired players’ summit – because now that so many of you guys are going to get a piece of that $28.1 million verdict, I figure I won’t have to buy any beer!
John Hogan
Larry Brink
January 16th, 2009 at 2:57 pm #
I would like to thank everyone for the great job you’re doing – keep up the good work. I only wish people like Pete Rozelle were alive to see their handiwork. He was one of the people who worked against us old guys by cutting us out of any benefits at all.
Larry Brink
LA Rams 1948- 1953
Chicago Bears 1954