Bob Grant: Questions for DeMaurice Smith
Mr. Executive Director,
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In light of all that has been going on and the decision to “not move forward” with the Settlement in the San Francisco Trial, I feel there needs to be a definitive response to the following questions. Our men are asking us here with the “Independents” and I am now asking you on their behalf.
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1. What was your role and the role of the NFLPA in establishing and setting the lawyers’ fees?
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2. What was your role and the NFLPA’s role in the awards process and amounts awarded to individual players?
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3. What powers do YOU Personally have in the awarding of settlement proceeds?
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4. Do you believe that Retired Players have the legal right to continue using the Courts in issues that cannot be resolved through direct negotiations with the NFL and the NFLPA?
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Our Independent Movement For Retired Players seems to have become “The Voice” for many of our men. They are reaching out to us in the Independent Group through Dave Pear’s blog and via telephone demanding answers to questions like those that I’m asking here. I hope that you’ll respond to our concerns and allow us to post your responses on the “Unofficial Blog for Independent Retired Football Players.”
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Most Sincerely,
Bob Grant
Independent Advocate and Activist
Retired – Colts/Redskins
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EDITOR’S NOTE: We just received this response from DeMaurice Smith at 4:30 pm EST in the Comments cue and felt it would be best to attach his answers directly to this post:
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Question 1 — “What was your role and the role of the NFLPA in establishing and setting the lawyer fees?”
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Answer — None. In Paragraph 42 of the Settlement Agreement, we made clear that we would “take no position . . . with respect to any application by Class Counsel . . . for reimbursement of attorneys’ fees, costs and expenses.” Accordingly, when Class Counsel made their application for attorneys’ fees on October 2, 2009 to Judge Alsup, we had no involvement in either the Class Counsel’s application for fees or Judge Alsup’s ultimate award of fees.
The issue of the amount of Class Counsel fees involves Class Counsel, Class Members (their clients), and the Court (in its role of protecting the absent Class Members). It is perfectly normal for defendants like the NFLPA and Players, Inc. to stay on the sidelines of these disputes. Typically, in federal class actions that are settled with a common settlement fund (meaning a pot of money), the Court does not allow the settling defendants to be involved in the process by which the Court decides the amount of fees and expenses to award to Class Counsel from the settlement fund.
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Question 2 — “What was your role and the NFLPA’s role in the awards process and amounts awarded to individual players?”
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Answer — None. As provided by Paragraphs 38 and 41 of the Settlement Agreement and pursuant to the Plan of Distribution and the Notice of Class Action Settlement, both of which were approved by the Court, we made clear that we would “have no responsibility whatsoever for the allocation or distribution” of the Settlement Fund, including, specifically, “the amounts that each former player will receive, which is being overseen by Class Counsel and the Claims Administrator.” Accordingly, as stated in Court filings by lawyers for the Class, the Proposed Plan of Distribution (which contained the methodology used to calculate how much each member of the Class would receive) was “drafted by Class Counsel with the input of their economic consulting experts.” In short, the award process and the amounts awarded to individual players was determined by Class Counsel and approved by the Judge — we have not been and will not be involved in that process.
Again, it is typical in most federal class actions for defendants to have no role in the distribution of the settlement fund to the class members.
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Question 3 — “What powers do YOU Personally have in the awarding of settlement proceeds?”
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Answer — None. As stated above, I was not involved in any way whatsoever in the Plan of Distribution and will not have any role in the awarding of settlement proceeds.
It is my understanding that Class Counsel and the Claims Administrator soon will be sending claim forms to Class Members. Class Members who would like to receive a cash award from the settlement will need to fill out and return the forms, and then Class Counsel and the Claims Administrator will make all decisions regarding the processing and validity of the claims.
Neither I nor the NFLPA or Players Inc. have the power to determine or otherwise influence how settlement proceeds will be distributed to the individual members of the Class.
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Question 4 — “Do you believe that Retired Players have the legal right to continue using the Courts in issues that cannot be resolved through direct negotiations with the NFL and the NFLPA?”
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Answer – We would hope that all persons in this country have fair access to courts when they have legal claims – and that includes the NFLPA and all of its members. Your question raises the broader point of the NFLPA’s relationship with former players. As I have stated many times, I and the NFLPA represent all players — those that play the game and those who played the game — and my door is always open to discuss any concerns of any player. I will continue to fight for the interests of all players.
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DeMaurice Smith
Executive Director NFLPA
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Check out the Dec. 8, 2009 NFLPA press conference on concussions – click HERE.
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Reggie Harrison
December 10th, 2009 at 12:59 pm #
Are we not going to receive the payout now or is it still on?
I thought we were suppose to receive the checks the first part of December. If we don’t receive the payout, do we get interest added on?
Reggie Harrison
Pittsburgh Steelers
1974 – 1977
RobertinSeattle
December 10th, 2009 at 3:18 pm #
To all you guys who have been patiently waiting for more news on the Class Action checks: Please stay tuned for an announcement tomorrow afternoon. Apparently the wheels of justice still grind V-E-R-Y slowly but we should have some confirmed final information on what each of you will need to take to make sure you get your checks.
Earl Thomas
December 11th, 2009 at 5:37 am #
You already know the answers to most of your questions. You should know that when lawyers take cases with no retainers, they set the fees. Yes, they were high and unreal but no one stepped up to pay a retainer.
While he should, no one is giving him much respect to not only decide on payments but not a lot of anything.
This process will not be fixed overnight. Gene screwed us big time so don’t think that Mr. Smith will just step in and solve all of our problems right away.
Earl Thomas
1971 – 1976
Chicago Bears, St. Louis Cardinals, Houston Oilers
Bob Grant
December 11th, 2009 at 1:15 pm #
Earl,
You are absolutely right. I just wanted to offer the Director an opportunity to personally explain to us his role and involvement in the Settlement and the Settlement Process. Now let’s see if he thinks enough of our Retired Independents to respond.
Please stay involved.
Bob
Bernie Parrish Team Member
Bruce Jarvis
December 12th, 2009 at 10:37 am #
De Smith,
Thanks for responding sanguinely to Bob Grant’s questions.
You realize that even though you now have stated to us clearly that you “and the NFLPA represent all players — those who play the game and those who played the game — and my door is always open to discuss any concerns of any player”…because of the miserable actions of your predecessor, Gene Upshaw, we former players will only believe you when you deliver results in any representation of us.
Here are the results that, when delivered, will restore our trust in the NFLPA as a representative of our best interests:
1) Pension benefits GREATER than Major League Baseball or the NBA;
2) A legal and fair disability plan and process (cleaning house of all who have been NFLPA representatives in the past process);
3) Comprehensive medical and dental benefits after retirement (including but not limited to brain injury/dementia, joint replacement, spine injury, long-term assisted living, drug/alcohol treatment, etc.).
Your credentials are impressive but as you know, you follow in the footsteps of Gene Upshaw who – along with the actions of the active players through the votes of their team representatives (no doubt manipulated by Upshaw and the others at the top of the NFLPA over three decades) – got us to the sorry state that currently exists. UNTIL YOU DELIVER THE BENEFITS LISTED ABOVE, YOUR WORDS ARE JUST WORDS AND TALK IS CHEAP!
With that said, your efforts to negotiate the coming COLLECTIVE BARGAINING AGREEMENT with the NFL will either contain the vast improvements we seek or in my opinion – and that of many, many other vets with whom I talk with regularly – you will have failed the retired players who built the NFL into the $30 Billion entity it is today.
Bruce Jarvis
Buffalo Bills
1971 – 1974