There are Lawyers… and then there are lawyers

Sep 9, 2012


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I was talking to my attorney, Jason Luckasevic, over the weekend to get an update on how things have been progressing with our concussion lawsuit against the NFL and Riddell. I made a personal decision to file with Jason and his firm Goldberg, Persky & White after talking to several firms as well as doing a lot of research on the reputations of many of the firms that have now jumped on board. One of the biggest reasons for my choice is the fact that Jason and his firm (along with their partners in this suit: Girardi Keese and Russomanno & Borrello) were the original firms who filed the first concussion lawsuits back in July of 2011.
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I’m having Robert attach copies of the original suit along with the second suit filed in August 2011 when I joined as a plaintiff so our readers can see the dates and the amount of detail that went into their filings. Take a look at the dates of filing that other law firms have on their suits and take some time to look over their claims; you probably won’t be too surprised to see that most of the other lawsuits were filed much later than these suits and in most cases, you will also realize that many of the later ones were simply cut-and-paste efforts with little original work or claims. And of course, many of them also fall short on substance. So yes – cribbing continues in the legal field even after college (and it’s not just the jocks who do it)! Whenever I’m asked by players who have not signed up with a law firm yet as to why I chose Jason and his firm, my simple answer is: “Why wouldn’t you want to go with the guys who actually wrote the lawsuit and can explain it best in front of a judge instead of someone who just copied someone else’s homework and might not even be able to explain it to his own mother?” And a vast majority of these other firms haven’t even included helmet manufacturer Riddell in their suits.
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Anyway, during our conversation, we discussed rumors concerning the involvement of firms who were fighting for us. To set the record straight, Jason explained the depth of their involvement with this very complex litigation and I’m going to try and tell everyone about it in layman’s terms: For example, a representative from one of these three firms is involved with each of the committees including executive, legal, discovery and experts to name a few. And as I said earlier, Jason was instrumental in the thousands of hours of research and the writing of the original complaints before they were finally filed on July 19 and August 3, 2011. In fact, Jason and his firm just spent the past week writing the first draft responses to the latest motions filed by the NFL and Riddell.
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Short of doctoring copies of their own official filings, you’ll see that most other firm’s filings were made well after these original suits were stamped. Like many of you, I’m just sick and tired of the flurry of ambulance-chasing wannabes who want a piece of the action by riding on the coattails of the people who actually do all the work. No doubt all of you have been receiving solicitation from other players now telling you to sign up with this firm or that firm because they said so. I’ve even gotten solicitations from my local NFLPA reps lately! Why would anyone want to sign with someone who might sell you out for the first deal that puts money in their pockets?
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I strongly urge everyone to make their own informed choice and do so quickly. There may be a statute of limitation that may be closing soon (if it hasn’t already!).
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EDITOR’S NOTE: We’ve uploaded copies of the original suit from July 19, 2011 and the second suit from August 3, 2011 to Scribd for easy viewing and to make them downloadable for printing. You can also click the Enlarge icon in the lower right corner of the menu at the bottom of the viewing screen to go Full Screen for easier reading (just hit the ESC key to close):
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Original Concussion Suit vs NFL Riddell July 19 2011
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Second Concussion Suit vs NFL Riddell Aug 3 2011
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One Response so far | Have Your Say!

  1. George Visger
    September 10th, 2012 at 12:01 pm #

    George Visger

    Dave,

    I couldn’t agree with you more. An attorney from the Goldberg, Persky & White law firm flew out to Sacramento over 2 (?) years ago to meet with me prior to filing the first suit. He had an attorney from a really big law firm with him. For most of you not aware of the story, this other firm had won the big tobacco case a while back for several billions.

    We all met at my office in Sacramento for 2-1/2 hrs and they flew back to Pittsburgh. The attorney from Goldberg called me the next morning explaining his firm needed support to take on the NFL thus they were trying to team up with this tobacco suit firm. More importantly he said, “George, irregardless if the other guys decide to take the case or not, it’s the right thing to do and I’ll find someone to team with us.”

    Several weeks went by and I finally received a call from the attorney at the big tobacco lawsuit firm. The potential case went through multiple review panels at the firm. He said they decided – and I quote, “We don’t think we have what it takes to take on the 600-pound, NFL gorilla.”

    I told him to pound sand; we’ll do it ourselves!

    Goldberg has been in our corner from the get-go and for all the right reasons. As he put it, “It’s the right thing to do.” They filed the first concussion suit against the NFL and Riddell.

    Later, I was flown to Washington D.C. by the Hausfeld group to speak at The Press Club prior to the filing of the Eller vs NFL suit. I was paraded around as the “brain damaged,” 9 brain surgery surviving ex-NFL player. I spoke at the podium and had my pictures taken holding up my SPECT scans and the brain drain kit I am forced to carry with me when traveling. Funny thing was, MY name was not even included on the suit when they filed the case! Only after I called to politely inquire, was I told it was an oversight and my name was added later much later along with Dave and several other non-Hall-of-Famers.

    Shortly after I asked my name be removed from their suit.

    I know who has my back.

    George Visger
    San Francisco 49ers
    1980 & 1981
    Survivor of 9 NFL Caused Emergency VP Shunt Brain Surgeries
    Benefactor of ZERO NFL Benefits

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