Dave Pear's Blog

This just came in over the wire regarding the new class action lawsuit with the NFL and NFL Films. The courts in Minnesota have upheld the suit and is allowing it to proceed. Here’s the press release along with a copy of the Order Denying the NFL’s Motion to stop the lawsuit posted on Scribd for easier access and viewing. (Click on the FULL SCREEN button to enlarge it for easier navigation – hit the ESC key to close. You can also click the DOWNLOAD button to save a PDF copy for printing and reading. )

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Retired NFL Players Record First Victory Against National Football League

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Court Allows Players to Proceed with Claims

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Minneapolis, MN: Retired NFL players received a boost in their class action lawsuit against the NFL today after a Federal District Court in St. Paul allowed them to move forward with claims that the league is profiting from the identities of retired players without consent or compensation.

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The retired NFL players, led by Fred Dryer, Jim Marshall, Elvin Bethea, Joe Senser, Dan Pastorini, Ed White, and Toby Wright, allege the NFL, including its NFL Films division, has used retired players’ identities to promote the league and earn substantial revenues without consent from the players. “There is no dispute that these videos promote the NFL,” said Bob Stein, a former NFL player and attorney representing the players. “This suit is on behalf of thousands of players who want nothing more than to obtain their fair share of the revenues the NFL has earned, and the brand it has built due to their contributions. This is especially current with the growth of distribution channels such as the NFL network and worldwide internet marketing.”

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The Federal District Court for the District of Minnesota denied the NFL’s contentions that several defenses, including the First Amendment, allowed the League to use retired players’ identities for any purpose it chooses.

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The NFL ranks as one of the largest entertainment conglomerates in the world, raking in an estimated $6.9 billion in 2008 alone. It became the most powerful and profitable sport in America through the sacrifice of these players. Stein adds, “This is an opportunity for the NFL to do the right thing by its retired players, on whose back the league was built.”

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Charles Zimmerman whose firm represents the players along with Stein agreed, saying, “Ultimately, we hope both the NFL and its retired players are able to move forward in a mutually respectful, equitable way. In the meantime, we intend to vigorously pursue all avenues of recovery for these players.”

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The retired players are represented by Zimmerman Reed, PLLP, Bob Stein and Ward & Ward, PLLC. To view a copy of the complaint and district court’s order, please visit RetiredFootballPlayersLawsuit.com. Retired players can receive information on joining the class by calling (888) 621-1103. For further information contact Michael Abbott at Zimmerman Reed (612) 385-8134.

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Order Denying Defendant NFL’s Motion for Judgment on the Pleadings
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4 Responses so far | Have Your Say!

1. Bruce Jarvis
   January 30th, 2010 at 3:45 pm #

   
   To Bob Stein,

   Just read the Memorandum and Order in Dwyer et. al. v. NFL. The Court’s Conclusion is heartening.

   Thanks to you and those at Zimmerman Reed and Ward & Ward for the great work!

   Bruce Jarvis
   Buffalo Bills
   1971 – 1974

2. Breaking News on the New Lawsuit – Dave Pear's Official Blog | Drakz Free Online Service
   January 31st, 2010 at 12:23 am #

   [...] here to see the original: Breaking News on the New Lawsuit – Dave Pear's Official Blog Share and [...]

3. Steve Hennigan
   February 9th, 2010 at 4:20 am #

   
   My dad (Charlie Hennigan, Oilers 60-66) contacted the law firm for this suit. He got paperwork from them that seemed to suggest that he retain their services, but his reading suggested that the members of the class action suit are not being added to. His reading of the paperwork suggested that he would “retain their services” but in return they really didn’t commit to particularly doing anything in his behalf. Did he read this wrong?

   Steve Hennigan, MD

4. Bob Grant
   February 9th, 2010 at 4:12 pm #

   
   Steve,

   I’m not an attorney but I think that your Dad, Charlie, is included by way of the “all others similarly situated” statement.

   Bob Grant
   Independent Activist/Advocate
   Parrish Team Member