Billions or Millions? Who Really Knows?

May 28, 2013

U.S. Coins and Paper MoneySo here we go again. We received a 6-page letter from Dan Gustafson of Gustafson Gluek PLLC with an additional 33-page attachment from the long-winded proposed Settlement Offer in the Dryer vs NFL Films lawsuit. Rather than attaching the selected portions that came with the letter, you can read the original 21-page Preliminary Court Approval - click HERE – and you can look up pages 82 – 93 of the Settlement Offer on an earlier post – click HERE.
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We’ve uploaded a copy of the letter from Gustafson to Scribd for easy viewing on our Blog and to make it available for downloading and 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):

Gustafson Gluek Letter to Dave Pear


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We’ve made editorial changes to that earlier Mad As Hell post referenced in Gustafson’s letter (click HERE) including more questions posed to the lawyers in favor of this Settlement Offer. In following proper editorial protocol, we’ve crossed out our original wording and replaced it with clarifications and/or corrections.What’s more interesting to note aren’t the editorial opinions that they’ve questioned but the ones that they’re not disputing at all.
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We will be posting an open poll for retired players to simply express their opinions openly on whether they believe this Settlement Offer is a good deal or a bad deal. It will NOT be an opt-out nor will it be an objection but simply the collective opinion of a group of retired football players voting on an issue that affects each and every one of them collectively and individually. If there is such a vast majority of players who will be happy with this Settlement Offer, then no one should have a problem with finding out what they claim to already know.
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2 Responses so far | Have Your Say!

  1. Joe Steed
    May 29th, 2013 at 9:36 pm #

    Joe Steed

    I love attorneys. Like sunshine in the morning.

    First off: Damages, damages, damages – every court case is built on precedence. This case will be a foothold for future cases! Who limited the Plaintiffs (retired players) claims to only 6 years? The damages occur when each player, like an actor or actress, is not compensated in royalties when their image is presented on screen – TV or Film. Since this is hard to determine,\ individually, there has to be a point when this occurred and collectively. Based on Screen Actors Guild protocols, this should be used as a template to calculate damages which could be in the BILLIONS; calculate “the time value of money” and images from the 1960′s onward, YOU HAVE A BILLION DOLLAR CLAIM! What was the determined amount of damages by the Plantiffs’ lawyers?

    Second: The Court-approved notice for “opting out” via Questions 19 & 23 – it has to be circulated among the retirees. Just like negotiating: “If you think there’s more money out there based on what your eyes are telling you, you better go get it before the door closes!”

    Thirdly: There needs to be short and concise “hardcopy proof” of the written outline and approval by Fred Dryer, Elvin Vethea, Jim Marshal, Dan Pastorini, Joe Senser and Ed White to circulate amongst the retirees.

    Fourth: Who and how will the $42 million be distributed in the “Common Good Fund”? What is the criteria?

    Lastly: $8 million dollar lawyer fund. If the court doesn’t pay out all of the money, it will all go back to the retirees Common Good Fund? LoL! YEAH, RIGHT! I will sell you some land in Florida with a good mortgage-backed security! Hold your breath for that one! Trust me all that money is going to be sucked up and hey, I’m sure they worked their asses off – I would hope so anyway.

    Again, what was the pre-calculated damages based on SAG baseline?

    In addition, you can tell the judge’s leaning in the case when he called the retirees “children” – if that guy has any contact or association with the Vikings, there needs to be a LOUD call for a mis-trial!!!

    More in addition, a correction concerning the 6-year time limit. I now understand it is a statute of limitation imposed by the Court; however it should be argued that this limit is in flux because the damages, collectively, are still occurring in 2013 with no residual royalties to active and retired players! All damages are backward and forward in time!

    Joe Steed
    Pittsburgh Steelers
    1992 – 1999

  2. Joe Steed
    May 31st, 2013 at 2:56 pm #

    Joe Steed

    I want to add: Going for the pot of gold – possibly billions in lost licensing revenue – is like anything else… it is a risk.

    We can either collect nothing from the $42 million and walk away.

    OR go for the billions based on SAG remedies with a risk of crapping out and collecting ZERO!

    Hell, we all took bigger risks playing football! LoL….you decide.

    Joe Steed
    Pittsburgh Steelers
    1992 – 1999

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