Proposed Dryer vs NFL (Films) Settlement Offer: Your Options

Jun 11, 2013

By now, many of you should have already received a copy of the Dryer vs NFL (Films) Settlement Order overview and options. For those of you who haven’t received it yet or who may not be on their mailing lists, we’ve uploaded a copy to Scribd for easy viewing on our Blog and to make it available for downloading and printing, especially to those of you who may not even be on their mailing list. 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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Basically you have three options:

  1. Do nothing and agree with this Settlement offer; you (and/or your family) will likely receive nothing and your rights will be assigned to the NFL at the end of this agreement;
  2. Object to this Settlement offer and file your objections with the Court;
  3. Disagree and completely Opt Out of this Settlement offer so you can pursue other legal options and not waive your rights with this agreement.

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We’ve recommended Jason Luckasevic at Goldberg Persky White to a lot of retired players to represent them in their concussion lawsuits. Many of you may already know that it was Jason and his firm that filed the original concussion lawsuits and their group now represents well over 500 retired football players in that litigation. While we emphasize once again that we’re not attorneys and are not dispensing legal advice, we do suggest consulting an attorney for clarification on this Settlement offer as well as for representation should you choose to file an objection to this Settlement offer (if you aren’t currently represented by an attorney in the NFL Films lawsuit). Jason’s firm has created a simple form that complies with this order to Opt Out of the Settlement. If you read Page 7 carefully, there are instructions on how to Opt Out of this Settlement but they provide no simple form for doing so. On Page 9, they also provide instructions for how to object to the Settlement. Having an attorney represent you would be good advice.
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To Opt Out, you are required to send a letter with the required information to the address provided by August 30, 2013. We strongly suggest that you mail your letter using USPS Priority Mail or Certified Mail with Return Receipt Requested or using a courier service such as UPS or FedEx so that your letter can be tracked and delivery confirmed. Or you can choose to call Jason at Goldberg Persky White at 1 (800) 471-3980 and they can complete your filings on your behalf.
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EDITOR’S NOTE JUNE 13, 2013 – Our error! It was just pointed out to us that US Post Offices do NOT accept other delivery or courier services like UPS or FedEx. So that these people do NOT have another excuse to say they didn’t receive your forms, mail them in with a Return Receipt Requested so you can prove it was delivered.
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For your convenience, the mailing address is:
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NFL Retired Players Publicity Rights Settlement Exclusion
P.O. BOX 2899
Faribault, MN 55021-8699

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“You cannot ask to be excluded from the Settlement on the telephone, by email, or at the Settlement website. You must ask to be excluded in writing following the procedure described above.”
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If you decide to Opt Out on your own, Jason has graciously provided us with a copy of their Opt Out Form that you can use. You can download it by clicking on the Download button at the bottom of the viewing screen and saving the PDF file to your computer. You can then print a copy and fill it out to mail in yourself.
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We’ve also posted a short poll to get an open view of how everyone feels about this Settlement. We hope each of you will also take a moment to express your opinion. Click HERE to go to our NFL Films Poll.
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4 Responses so far | Have Your Say!

  1. Ed White
    June 24th, 2013 at 7:07 pm #

    Ed White

    Fellow Retired NFL Players:

    This is a very pivotal moment in our history. The Dryer Case can make a difference. I believe everyone who ever played contributed to NFL Films and should be paid fairly for it. Everyone on a team contributes to that team’s highlights. Whether we were backups or starters, we should not be forced to give up our rights for nothing. That is why I oppose this settlement.

    I want everyone to know that I choose to be excluded from the settlement. I must OPT OUT of this settlement, because I do not agree to let the NFL use my identity with NO compensation. I do not think it is fair that the NFL continues to make money from using my identity and yours. I believe this settlement would do exactly that. The settlement would allow the NFL to continue to use my name, nickname, autographs, voice, videos of my play in NFL games, photographs, signatures and more – just know that the NFL has already used these without my permission and I refuse to give them permission to continue to do so. I believe this settlement would do exactly that.

    This is only one important reason that I oppose this settlement; there are others that are just as bad. It is time to OPT OUT of this stinky deal.

    The other five retired players and I who started Dryer vs NFL in 2009 have been accused of fighting this settlement for personal gain. This is 100% false! We want ALL PLAYERS to be paid fairly for being used in NFL Films. We have never asked to be paid any differently than anyone else.

    I am also posting the form you need to sign and send in to opt out of this settlement. (Download and print this, then fill it out and send it in BEFORE August 30, 2013.)

    Player (or deceased player’s estate representative) instructions to Opt Out:

    Mail this completed “Request To Be Excluded” by U.S. Mail (you cannot email it) postmarked by August 30, 2013 to:

    NFL Retired Players Publicity Rights Settlement Exclusion
    P.O. Box 2899
    Faribault, MN 55021-8699.

    It is recommended but not required that you mail this U.S. Mail “Return Receipt Requested” to receive delivery verification, keep a copy of your Request, and send a copy to your attorney if you are represented by one in Dryer v. NFL.

    Ed White
    17-year NFL Vet
    Minnesota Vikings, San Diego Chargers
    1969 – 1985

  2. Dalva Allen
    June 28th, 2013 at 9:22 am #

    Dalva Allen

    I am 78 years old now and would like to get at least a vacation out of this before I die!

    A lot of players have a lot more to look forward to than I do. Looking for the best option.

    Thanks
    Dalva Allen
    Six credited seasons
    Houston Oilers, Oakland Raiders
    1960 – 1965

  3. Ron Pritchard
    June 28th, 2013 at 1:52 pm #

    Ron Pritchard Bengals

    Dalva,

    If you do not opt out, you will surely not get that vacation with the current deal. But you’ll certainly lose the opportunity to stand with your other brothers for a much better settlement!

    Am 66 myself and opted out 2 weeks ago on principle to have a chance to re-sue these good ol’ boys. Please do something that at least gives yourself a chance in this whole imaging thing. The NFL is counting on you to do NOTHING and they win!!

    Ron Pritchard
    Houston Oilers, Cincinnati Bengals
    1969 – 1977

  4. Larry Kaminski
    September 19th, 2013 at 12:43 pm #

    Larry Kaminski

    Gents:

    I just found out that I am a very naive old man. I have not been to an NFL game in years. I decided to take my stepson to the Seattle vs San Fran game last weekend. I was amazed by what I participated in for several hours.

    Never in my life have I seen such a cash-generating machine! It all started at the Seahawks Shop with a purchase of a fancy shirt for my granddaughter. $60.00!!! I then walked up several tiers of steps to my $65.00 seats. With an evening game, I decided to get a beer and sausage so I strolled over to the vendor: $8.00 for the beer, $10.00 for the sausage dog! Yowza! And did I forget to mention the $40.00 parking fee PLUS another $60.00 if I was tailgating!

    I know I played a long time ago when the game was in its infancy but my gosh, it’s now a tax-free monopoly, protected by our own government with owners that make Scrooge McDuck look like a spendthrift.

    I don’t understand how anyone can feel for the owners who will only give pennies to walk away from so many who have health issues that are legit and proven by exam. It’s real, folks. Deion, you have no clue what some guys have suffered. Deion, putting a gun to yourself is not looking for a free ride.

    These owners are beyond delusional. Yet, no one feels for them because we are the bad guys as described by the Drew Breeses and Deions of the game as freeloaders. I admired the men of the 50′s and 60′s and was proud to follow in their footsteps to be able to play the game. But now, I have no respect for the new game, its showmanship and lack of respect for the base that made it all happen.

    Thank you.

    Larry Kaminski
    Denver Broncos
    1966 – 1973

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