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IFV 2013: NFL Keeps Trying to Move the Goal Posts

Apr 8, 2013

EDITOR’S NOTE: Today, we’re announcing two more of our Concussion Lawsuit panelists. A reminder: There is NO attendance fee for retired players and their guests and approved media (and we still won’t be playing golf either!). But you have to book your travel arrangements NOW and register for your admission badges before rates go up. Links to signing up are at the end of this post.
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By way of introduction, most retired players know that for decades, the NFL has not only been denying the connection between concussions and long-term brain damage but they went so far as to aggressively put up a campaign to not only discredit scientific papers by professionals like Dr. Omalu but they also funded their own phony MILD Traumatic Brain Injury Committee with co-chairs that included the infamous Ira Dr. No Casson. Then a couple of years ago, the NFL funded Sports Legacy Institute’s long-term study of CTE (after denying it) with a $1 million grant with the caveat that “But we won’t have complete studies for many years because no one can detect CTE in a live brain.” Of course, the game changer is that earlier this year, a new CAT scan technique was announced that could detect CTE in live subjects (Dr. Omalu will be addressing this at our Conference). But not to be outdone by the NFL throwing $30 million at the NIH after Junior Seau’s tragic suicide, the NFLPA announced a $100 MILLION grant for further brain studies at Harvard (all with money that could have gone to retired players, of course). With this kind of collusion, it’s small wonder that the NFL is doing another slow reverse to once again deny the link between concussions and long-term brain damage. Worse still, with all the flip-flops, the NFL is going to use a last-ditch effort in the courts to argue that this issue was covered under the current – and past – Collective Bargaining Agreements (CBA) and their fraud and coverups shouldn’t even be tried in a court of law in front of a judge and a jury! Yeah right – like long-term fraud and deception on your former employees are covered under a CBA!
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Now it comes out that two of the people who recently did consulting work with one of the Philadelphia law firms involved with the NFL concussion litigation have also been working with the NFL.
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Are any of you still convinced that the NFL has players’ best interests on their minds? (Well, maybe Deion Sanders and Herschel Walker…)
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Here’s a video clip from ESPN:

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And here’s the link to the ESPN article - click HERE.
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PhillyInquirerlogo

Hearing Tuesday in concussion lawsuit against NFL

John P. Martin, Inquirer Staff Writer
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Posted: Sunday, April 7, 2013
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The list of former NFL players or their relatives in a class-action lawsuit accusing the league of concealing the long-term dangers of concussions has topped 4,200, and keeps growing.
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But the case must clear major legal obstacles before ever getting a chance at trial. The first looms this week in a Philadelphia courtroom.
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On Tuesday, NFL lawyers will plead with U.S. District Judge Anita Brody to dismiss the suit. They contend it does not belong in court because player grievances have long been covered by the union contracts that govern disputes between players and the league.
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The players counter that the pacts do not address – or protect them from – fraud or negligence by the NFL, which they say was supposed to be football’s guardian. Instead, they say, the NFL hid head-injury risks to protect a billion-dollar empire it markets as a violent weekly clash of gladiators.
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Read the rest of John P. Martin‘s article from the Philadelphia Inquirer – click HERE.
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Concussion Lawsuit Update at Our Conference

Two of the attorneys deeply involved from the very beginning of the concussions lawsuits will be on our Concussion Panel: Jason Luckasevic from Goldberg Persky & White and Tom Girardi from Girardi & Keese. Many of you are signed up with one of these firms and Jason was the attorney who researched and filed the first concussion lawsuits (where many of the other attorneys have simply cut-and-pasted their filings to get on the bandwagon). And most people may remember Tom Girardi as the attorney who took on the Erin Brokovich case when no one else would touch it, resulting in a successful suit against Pacific Gas & Electric for dumping cancerous, toxic waste into the water supply in Hinkley, CA.
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You won’t want to miss this discussion where our Panel will bring everyone up to date on the latest developments in the suit and will be answering any questions our audience will have for them! Make your reservations today so you can get the best airfare and room rates before the discounts expire - click HERE!
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3 Responses so far | Have Your Say!

  1. Dave Pear
    April 8th, 2013 at 10:43 am #

    Dave Pear

    This article from ESPN stated:

    “The NFL acknowledged the connection between football and long-term cognitive issues in December 2009 but lately has retreated from that assertion.

    “The NFL’s $1 million gift to Boston University in 2010 came in the wake of a congressional hearing in which politicians criticized Commissioner Roger Goodell for the league’s efforts to deny a link between football and brain damage. In addition to the donation, the NFL pledged to direct the brains of deceased former players to the Boston University group. Goodell said he hoped the partnership would “lead to a better understanding of these effects and also to developing ways to help detect, prevent and treat these injuries.

    “But the league appears to be moving in another direction: Berger said the NFL is now hoping to set up a brain bank with the National Institutes of Health, which received a $30 million gift from the league in September.”

    On Tuesday, the NFL will ask the a Judge in Philadelphia to dismiss our lawsuits against the NFL claiming that our suit is nothing more than an employment dispute found in the language of our Collective Bargaining Agreements (CBAs). However, when I sued on August 3, 2011 in Pear vs. NFL, the second lawsuit of its kind brought by my lawyers, Jason Luckasevic, Girardi Keese and Russomanno & Borrello, it was clear to me that our case involved the NFL’s failure to disclose the risks of brain injury. Not only did NFL fail to allow us an opportunity to understand the long-term effects of repeated concussions, they also lied about the science behind multiple concussions causing later life brain injury. (See all our prior posts about Dr. No concerning those lies).

    In the parts that I quoted from the ESPN article, we see the the NFL’s arrogance to try and change their views of football causing brain injury once again. A true read of this article should be, “Is $30 million dollars enough to get doctors to say that various things can cause CTE?”

    I’m no lawyer. But I certainly don’t see how “donations to organizations” and the issue of whether football causes brain injury to us has anything to do with our past Collective Bargaining Agreements.

    Let’s hope that this Judge sees it the same as us.

    Dave Pear

  2. Billy Truax
    April 8th, 2013 at 1:02 pm #

    Billy Truax

    It appears that the NFL is posturing in the LICENSING case to set a “common good settlement precedent” for all of their past history of fraud and negligence as a response and in attempts to settle their ex-player plaintiff lawsuits. This is not a good thing and certainly has the appearance of a continuing chain of defendant-court-judge legal collusion that I certainly hope can be broken and not carried over to the CONCUSSION case.

    Even the judge seems to be ramming the so-called SETTLEMENT AGREEMENT DOWN THE PLAINTIFFS’ THROATS.

    Billy Truax
    LA Rams, Dallas Cowboys
    1964 – 1973

  3. Dave Pear
    April 9th, 2013 at 5:18 pm #

    Dave Pear

    ESPN OTL

    A case the NFL didn’t want mentioned

    Judge in concussion lawsuit cites prior case that could spell trouble for league

    Updated: April 9, 2013, 4:12 PM ET
    By Lester Munson | ESPN.com

    As the NFL’s battery of lawyers walked into a federal court in Philadelphia on Tuesday morning, there were five words the group did not want to hear: “Kline v. Security Guards, Inc.”

    The five words are the title of a decision made in the higher court that governs the Philadelphia judge who is presiding over a concussion lawsuit filed by more than 4,000 retired NFL players. The Kline v. Security Guards, Inc., decision is nothing but bad news for the NFL.

    The players are claiming that the NFL knew that concussions caused depression, dementia and other neurological problems but concealed the information from them while promoting and glorifying the violence of the game. The players and their lawyers use words such as “fraud” and “cover-up” to describe the conduct of the league and its executives, and they seek public jury trials to examine the league’s conduct and to determine what the league owes them in monetary damages. If the players are right, their claims could cost the NFL billions of dollars.

    Read the rest of today’s hearing coverage by clicking HERE.

    Dave Pear

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