EDITOR’S NOTE: At our recent Conference, we covered the Dryer vs NFL Films lawsuit and subsequent Settlement Offer from the NFL. Our first day had attorney Yakub Hazzard explaining some of the basics of your individual rights (click HERE for that video). Then on Saturday, we had Ron Mix putting up the case in favor of the proposed Settlement (click HERE) followed by attorney Michael Ciresi with a legal opinion against the deal (click HERE) and Fred Dryer as a retired player and original plaintiff on why he and his original team of plaintiffs are against the Settlement (click HERE). Insomuch as there was a gag order placed on all parties during the hearings in Minnesota Federal Court, we did our best to report on as much of the proceedings and behind-the-scenes maneuvering as possible. . We need to remind everyone once again that when the Dryer vs NFL Films lawsuit was first filed in 2009, its original – and primary – goal was to provide fair payment to retired players for the NFL’s past, present and future use of their publicity rights, particularly in NFL Films productions. Here’s a simple outline based on what was discussed at the IFV Conference this year: . PRESENT LAWSUIT STATUS . On April 5, 2013 the Court issued an Order for Preliminary Approval of the proposed Settlement as advocated by the NFL and some new Plaintiffs and their attorneys. Immediately, the NFL PR machine promoted it publicly as a done deal. Far from it. The actual Order directs that a Notice of the proposal be sent in May to the entire class – that’s you and all past NFL players – for consideration. If the proposed Settlement receives Final Approval from the Court in September, each NFL player who does not opt out will be legally bound by its terms. But now the real battle begins. .continue reading »
Posted with the express consent of Evan Weiner: . . THE BUSINESS AND POLITICS OF SPORTS . BY EVAN WEINER COMMENTARY . The NFL job audition includes making the “suicide squad” rather than the special teams squad .
May 11, 2013
Examiner . The National Football League is open for business again. Players are on the field showing coaches that they can indeed play football even though the season is months away. The players showcasing their talents aren’t the normal, everyday players. No – these guys on the field are young guys trying to catch the eye of a coach and make a team and it doesn’t matter if they are first round draft picks or free agents hoping to just get to a training camp in July. . Not much is said about the long term health of these guys; they are just anxious to play football. Another one-time former football player, George Sauer, Jr. passed away at 69 years of age this week from congestive heart failure and Alzheimer’s disease. There may be some unintentional irony in Sauer’s passing from Alzheimer’s disease as he walked away from the New York Jets and the National Football League after the 1970 season because he found pro football dehumanizing and it “both glorifies and destroys bodies” as he described in a 1983 article in the New York Times. . Sauer was a wide receiver. . The young guys trying to impress the coaches in all likelihood never heard of George Sauer. But they probably know Tedy Bruschi who played for the New England Patriots (1996 – 2008) and is now a football commentator on ESPN. .continue reading »
Brain concussions. CTE. Alcohol and drugs. Take these issues that have only recently become more openly discussed along with 101 more ingredients in family life and you have a very complicated recipe for making a family work (or not). Family life isn’t easy at times as it is but when you stir in all these other layers from a career in professional football, life off the field becomes incredibly complex for most families. Watch as Brandi Winans (formerly married to the recently departed Jeff Winans – Bills, Saints, Buccaneers, Raiders 1973 – 1980; Jeff played with teammates Dave Pear and Gene Upshaw on the winning Super Bowl XV Raiders in 1980) and John Houser (LA Rams, Cowboys, Cardinals 1957 – 1963) share personal stories of family survival with the audience of their very different lives after football. . YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video. .
. Our good friend, Jennifer Thibeaux, (who can never be acknowledged enough for all of her advocacy work on behalf of retired players and who has managed to help us film each of our three Conferences so we can share them with the community at large) had declined our invitation to be up on stage with Brandi and John. But as she worked through the post-Conference task of editing and uploading all of this footage, her thoughts kept taking her back to her personal family experiences of having lived through the football life. Late last night, I received a personal message from Jennifer about how this has affected her own family and why she continues to help us get the message out to the other families in particular and to the fans in general. . Here’s Jennifer’s message along with her audio comments: . Robert, . I took some time and collected my thoughts about my football experiences. This is by no means the end of my sharing…but it is my way to begin the process of getting it out of my head and into the universe properly. I have tried to characterize my own experiences so that I could give it the proper brand. The best I can come up with is, “Indefinite Hell“. While I was designing new bling tees for my Tee business, I was compelled to design this brand into a Tee (below – click image to enlarge). . . Has an interesting meaning both verbally and visually. After I made the tee, it was officially time to speak. I hope you can share these beginning thoughts with the DavePear.com family – my family – as we fight for human rights and against injustices..Love you all with every ounce of my being …and I’m in this to win. . Jennifer .
. Click the PLAY button to listen to Jennifer’s personal commentary (13 minutes). .
The 10-year Collective Bargaining Agreement (CBA) is going into its third year. How has it worked out for you and your families? How will some of the most recent disability rulings affect future cases? And just how did that Legacy Fund work out for each of you? John Hogan has been advocating for a total reform of the current NFL/NFLPA Disability Plan and has been successful in many of his cases representing retired NFL players in their Disability and Social Security Disability cases. In this session, John discusses some of the most recent cases and their impact on all retired players. We were hoping to have Jimmie Giles join John on stage but his health and upcoming surgeries kept him at home. John discusses some of the strange details of how the Bert Bell/Pete Rozelle Plan and its Board actually runs under the dominant hand of The Groom Law Group with absolutely no checks and balances nor oversight from a so-called Board. If you have never had to apply for disability benefits from the NFL, this discussion is an eye-opener. And if you’ve applied for benefits, most of this information will sound eerily familiar. (You can read all Panelist biographies by clickingHERE.) . YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video. .
Attorney Michael Ciresi (Robins, Kaplan, Miller & Ciresi) is one of the attorneys representing the Original Six Plaintiffs in the Dryer vs NFL Films lawsuit. Ciresi was the attorney who made the case against the Settlement Offer in Minnesota Federal Court while Dan Gustafson made the arguments for the Settlement Offer on behalf of a new group of added plaintiffs. In this second of three segments from our Dryer vs NFL Films discussion, you will hear Mike Ciresi give his legal arguments to retired players in the audience on why this is a one-sided offer made in bad faith.(You can read all Panelist biographies by clickingHERE.) . YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video. .
Yakub Hazzard from Robins, Kaplan, Miller & Ciresi spent over an hour explaining and answering questions about basic visual rights, how they work and what others can – and can’t – do with them. This is the basic primer that neither the NFL nor the NFLPA nor your agent EVER wanted football players to understand.(You can read all biographies by clickingHERE.) . YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video. .
. EDITOR’S NOTE – MAY 8 2013: We just uploaded Yakub’s slideshow so you can follow along with the video. You can view each slideshow full screen by clicking on the FullScreen icon in the lower right corner of each slide screen (press ESC to close the slideshow). .
In the past week, we’ve been flooded with a large-scale press campaign from the long-quiet NFL Alumni about a new drug trial that has an incredible range of claims ranging from antidepressant benefits to new brain stem cell generation. The problem we noticed was that this is a completely new drug in its earliest trial stages. In other words, it’s one more untested new drug in a large new flood of drugs that come into the marketplace on an almost daily basis. With all the players still joining the flood of concussion lawsuits, we decided to consult to some experts who have a background on conducting drug trials as well as with Jason Luckasevic (from Goldberg Persky & White) for some thoughts from a legal perspective. Dr. Xavier Figueroa and Jason Luckasevic rendered some thoughts that all retired players may want to consider before participating in ANY drug trial.(You can read all biographies by clicking HERE.) . YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video. .
We kicked off the first day of our Conference with a great overview of the concussion lawsuits with two of the top attorneys in this litigation: Jason Luckasevic from Goldberg Persky White filed the first lawsuit against the NFL and was also to include Riddell in his filings. One of their two partners in the suits was Tom Girardi of Girardi & Keese (they were joined by Russomanno and Borrello, P.A.). (You can read all biographies by clicking HERE.) This was an incredible hour+ to kick off what’s shaping up to be our best Conference yet. You’ll understand the reasons why so many of the retired players have chosen to sign up with these firms to represent them. . YouTube Hints: You can enlarge the video to Full Screen mode simply by clicking on that Full Screen icon in the lower right hand corner of the video. You can also watch videos in HD (if available) by clicking that gear icon in the lower right and then selecting the highest resolution available. And each YouTube video can actually be paused or stopped at any point and you can also jump to any spot where you may have left earlier so there’s no need to watch through an entire video. .
With last-minute itinerary changes and arrivals, we’ve been juggling our Conference schedule to accommodate everything. And we’ve also made some minor additions to our schedule as well in order to cover some very recent events that we believe most of the retired player community will want to hear about. . Here’s a list of our Panelists with biographies: . Dr. Bennet Omalu . Dr. Omalu received his MB, BS [M.D.] degree from the University of Nigeria in 1991. He received his MPH [Masters in Public Health] degree in Epidemiology from University of Pittsburgh in 2004. He also received his MBA [Masters in Business Administration] degree from Carnegie Mellon University in 2008. Dr. Omalu holds four board certifications in Anatomic Pathology, Clinical Pathology, Forensic Pathology and Neuropathology. Dr. Omalu is also board certified in Medical Management and is a Certified Physician Executive [CPE]. .continue reading »
Wow! A lot has happened in the past week as we’ve been preparing for our upcoming Conference! We’re edging closer to the vote on AB 1309 in California which will disqualify most professional athletes from Workers Compensation claims in the state.(ClickHEREto read the actual bill that’s coming up for a vote as early as next week.) . More news is coming out about Riddell’s prior knowledge about helmet safety and real their lack of protection from concussions.(ClickHEREto read the latest piece from PBS Frontline.) . And the behind-the-scenes story is also now emerging about the fight for Junior Seau’s brain after he committed suicide.(ClickHEREto read that article also on PBS Frontline.) . Then we have the NFL Alumni pushing a wide press release about a new miracle drug that will not only be an antidepressant but also possibly heal your brain with new stem cells. Only problem is that this drug is from a relatively new company that’s only beginning early-stage trials that only require a few participants and not the thousands that the Alumni (NFL) seems to be wanting to enlist for some strange reason. Retired players will need all the information they can get if they’re to make an informed decision on whether or not to participate in this – or any drug trial – as we continue to move forward with the concussion lawsuits. . And the NFL Films lawsuit will now be moving into the notification stage to all players involved in the class. We’ll be having representatives from both sides of the Settlement Offer to present their arguments on Saturday so you can make an informed decision. . We’ll be covering each of these new topics with experts from their fields at our IFV Conference. Watch for live posts and videos during the two days of discussions. And if you can make it down to Las Vegas, we can promise this will be the most informative two days that retired football players won’t want to miss. . Watch this Blog for more details. .
. Thus spoke Nolan Harrison III in another one of his “Former Players Newsletters” about meetings and conferences earlier this week in Sacramento about a newly proposed State Bill A.B. 1309. In case you hadn’t heard, Bill 1309“would exempt minor and major league professional athletes from filing workers comp claims in California if their team is based outside of the state, according to the California Legislature website. Currently, California’s “cumulative trauma” provision in its workers comp law allows players to make a claim in California if they have played at least one game in the state.” . “The legislation would apply to professional baseball, basketball, football, hockey, or soccer players who play temporarily in California.” . This summary was from BusinessInsurance.com. . We’re wondering what planet Nolan Harrison III was writing from. A contingent of retired players was definitely present on Monday, including Conrad Dobler, Ron Mix, Mel Owens and George Visger among others. In fact, here’s a direct report from George that we received that evening: . Mel Owens contacted me when a bunch of the players met for dinner the night before. Dobler, Mix, Ickey Woods and several others were in attendance. The next morning, 25 – 30 of us met at the attorney/lobbyists, broke into 5 groups and each team met face-to-face with several Senators, Congress folks and various other legislators at the Capitol. . Then we had a sitdown lunch with all. I sat with Senator Perez who was shocked to hear what was going on. De came striding into the room like a politician. Fake handshakes and “Hi, De Smith” as he went around the room. Shook my hand and his face dropped when I squeezed his and said ‘George Visger!’ Then he started babbling about how I’m doing, etc. Conrad and I caught him in the hall a bit later and ripped him til he slithered away. . All in all, it was a GREAT meeting with all. . George . And disability attorney John Hogan had a few words to add: .
April 24, 2013 . An Open Response to Nolan Harrison’s Letter to Stop California Workers Comp Reform . Nolan, . I can’t remember when I have read a more hypocritical or disingenuous piece about retired NFL players. . In your open letter to retired players, you attempted to castigate retired players for not showing up in Sacramento, California to lobby against the Bill pending in that state which might stop or limit retired players from being able to file a worker’s comp claim there. First, as a full time employee of the NFLPA, I assume that your expenses were paid by the PA to travel from the east coast to the west. I know you are a big guy and I have a difficult time imagining you squeezing into a coach airplane seat for a cross-country trek. Are you so out of touch with the real world of pre-’93 retired players that you do not realize few can afford to make that trip? Apart from the unaffordable cost, many of these men are in too much pain to spend the better part of a day in an airplane (or two) even if they had a first class seat. . Second, while I’m delighted that so many guys have been able to obtain benefits through the unique California Workman’s Comp loophole which allows them to file decades after they retired from the NFL, surely you must appreciate the significant administrative costs being borne by the State of California in the adjudication of these claims. (i.e. – It isn’t just the teams and their insurance carriers bearing the costs of adjudicating these claims.) As far as I know, California, like many other states (and unlike the NFL) is in financial crisis. . As you know, the CBA requires that all teams must provide workers’ compensation benefits; and in states where WC claims are barred for professional athletes, they must effectively be self-insured to handle these claims. Unlike many of us “bloggers” and “so-called former player organization leaders” – and despite our best efforts, including major litigation in the Eller case, we do not have a seat at the table in bargaining for retired players’ rights and benefits. In that regard, we are at the whims and mercy of the PA. That being the case, why aren’t you, DeMaurice Smith, Cornelius Bennett, et al lobbying for every state which is home to a professional sports franchise to have a liberal worker’s comp benefit like California’s? . Worker’s Compensation is a creature of state law and each state has various criteria. In general, a worker must file an injury claim while still employed, or very shortly thereafter. Again, I am delighted that many of my friends have been able to obtain money and medical benefits from California, but why should retired football players be treated differently (under state law) than a guy who digs ditches? Or someone who works in a steel mill? Anyone who performs arduous physical labor which takes a toll on their body as they get older? No state should treat retired NFL players differently than other workers who toil in their state and suffer injury. But the NFL should – and it should be up to the PA to make sure that they do! . As you know and as I have learned, the manifestation of injuries suffered during an NFL career – including the sequelae of concussions – often takes place many years after playing days are over. The worker’s compensation systems of the various states are not geared to handle such latent injuries and untimely claims. The disability benefits offered under the Bert Bell/Pete Rozelle NFL Players Retirement Plan (also a creature of the CBA) contemplate the fact that injuries – or at least total disability – can take up to 15 years after retirement to manifest. That being the case, what has the PA done to advocate a better disability system which would include more generous and longer line of duty benefits? (That is, for guys who have impairment for injury but might still be working; and/or not totally disabled.) . Your letter mentions that one of the most important aspects of workers’ comp benefits is lifetime medical benefits. That is true; and they are invaluable. However, the benefits are only for the particular injured body part, not for unrelated or general medical issues. . If the PA really wanted to show leadership, they would convince today’s players that having lifetime medical benefits is much more valuable in the long run than having a present day multimillion dollar contract. (Oh, you would have to convince Agents like Tom Condon that they would get less money for actually having the best interest of their clients at heart – good luck with that!) If the PA was really concerned about retired players well-being, they would be fighting incessantly for lifetime medical benefits for retired players. They paid their dues. They made the game what it is today. The money is there. . Retired players shouldn’t have to count on a unique loophole in California’s laws to get the benefits they deserve. You should know that. . While I do not handle worker’s compensation claims and am not a member of the California Bar, it would seem to be unconstitutional to extinguish claims which have already been filed – should this bill pass. . Sincerely, John V. Hogan Disability Attorney Retired NFL Player Advocate Member of Fourth and Goal Proud contributor to Dave Pear’s Blog Sponsor, Buffalo Bills Alumni Association . . . . . And yes – we’ll be covering this topic in detail at our upcoming IFV Conference in Las Vegas May 3 – 5. We’ll also be covering equally important areas of interest to retired football players including the concussion lawsuits and both sides will be presenting their opposing points of view in the NFL Films lawsuit. Not engaged? Maybe Nolan Harrison III might want to spend less of HIS time and YOUR money on golf tournaments and actually start listening to retired players (after he stops talking about himself, of course!). .
EDITOR’S NOTE April 16, 2013: As many of you may have noticed, the original audio we posted was cut short to around 49 minutes. We’ve just added the second portion of 23 minutes and now have the entire 1 hour-13 minute hearing in one file below. . For those of you who couldn’t make your way into a VERY crowded courtroom, we have an audio transcript of most of the arguments presented to US District Court Judge Anita Brody in Philadelphia PA last Tuesday, April 9, 2013. Presenting on behalf of the Players/Plaintiffs is attorney David Frederick and presenting for the NFL is attorney Paul Clement. (Just click the PLAY arrow to start the 49-minute recording. You can also download a copy of the MP3 file for listening later simply by right-clicking ‘Download‘ under the player and saving a copy to your computer.) . It will be weeks – if not months – before Judge Brody makes a ruling on whether the lawsuits can proceed to the next stage or be dismissed. But based on what both sides presented in this key hearing and some of the judge’s remarks and questions, we think the players’ attorney hit it out of the park! . You can also read an overview of the hearing from Associated Press by clickingHERE. . Our 2013 IFV Conference Concussion Lawsuit 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! You don’t want to miss it! Make your reservations today so you can get the best airfare and room rates before the discounts expire this Tuesday - click HERE! .
Well, by now many of you have already taken a look at Monday’s Court Order granting preliminary approval of the settlement offer in the Dryer vs NFL Films lawsuit.(You can read the filing by clicking HERE.) . And here’s today’s plug for our upcoming Third Annual Independent Football Vets’ Conference May 3 – 5 in Las Vegas. You definitely won’t want to miss our Panel on your rights in general and the NFL Films lawsuit in particular. NO ONE – not the NFL, not the NFLPA, not your agent – has ever explained your rights to you in such detail! Participating on our Panel will be attorney Yakub Hazzard, Bob Stein, retired NFL player and the attorney who got the lawsuit started, along with Hall of Famers Elvin Bethea and Joe DeLameilleure and attorney Shawn Stuckey from Zelle Hoffman (who also played in the NFL). . Yakub Hazzard is co-chair of the Entertainment and Media Litigation Practice at L.A.-based firm Robins, Kaplan, Miller & Ciresi L.L.P, specializing in music-related and intellectual property disputes. He represents songwriters, musicians, actors, managers, independent record and music publishing companies, apparel companies, and more. Robins, Kaplan recently joined with Bob Stein and Tom Ward to continue the fight for your rights. . Some of the retired players participating in our discussion are lead plaintiffs in the original lawsuit and you will be hearing firsthand about their mistreatment and how the settlement negotiations got diverted by a group of attorneys who neither consulted with them nor informed them of any details during the entire process leading up to this current settlement “offer.” Now that the gag order is no longer in place, ALL retired players can now talk freely about the process and the offer, as well as get informed about your rights and all the options each of you can still exercise. . If you don’t know what just happened in Monday’s Dryer vs NFL Films hearing and the subsequent approved settlement “offer,” you may want to read our other post that includes Judge Magnuson’s “disingenuous” comment about retired players -clickHERE. . With all the lawsuits piling up against the NFL right now, this is definitely one of the most important times that retired players have ever faced in their lifetime. We’ll be discussing these topics and more at our upcoming 2013 IFV Conference in Las Vegas May 3 – 5. Book your flight and hotel reservations NOW before our special discount rates go away next week -then click HERE to lock in your registration for FREE admission to the most important Conference for retired players in years! .
THIS JUST IN: An Order Granting Preliminary Approval in the Dryer vs NFL Films suit has just been filed in the District Court of Minnesota. Note the new, l-o-n-g list of Plaintiffs in this filing. We now know that the original Plaintiffs were never consulted nor informed of discussions or negotiations. And worse still, many of the newly-listed Plaintiffs had also never even granted permission to have their names added to the Plaintiff’s list on this Preliminary Settlement! And THAT’S the difference between honest lawyers fighting for their clients in an open courtroom and dishonest lawyers looking to make a quick buck at the expense of their clients in backroom dealings. If you DON’T want to have this happen to your concussion lawsuit, you may want to consider changing law firms NOW! . Now that the gag order has finally been lifted, this will definitely be an open discussion at our upcoming 2013 IFV Conference in Las Vegas May 3 – 5. Be sure to book your flights and hotel rooms now – Click HERE! .
. Here’s a more detailed overview of the Discussion Panels we’re planning out for our upcoming IFV Conference at the South Point Resort in Las Vegas May 3- 5. You really don’t want to miss this Conference – book your flight and hotel room today while the rates are still low and then register for your free admission passes by clickingHERE. . FOOTBALL: THE LONG-TERM IMPACT ON NFL FAMILIES . Our Football Family Panel will include retired players and their families in an open discussion on how football has affected your lives off the field. All too many players and their families have gone through divorces and financial difficulties after their football careers ended and only now are we beginning to realize the impact that concussion issues may have played. .continue reading »
EDITOR’S NOTE: At our recent Conference, we covered the Dryer vs NFL Films lawsuit and subsequent Settlement Offer from the NFL. Our first day had attorney Yakub Hazzard explaining some of the basics of your individual rights (click HERE for that video). Then on Saturday, we had Ron Mix putting up the case in favor of the proposed Settlement (click HERE) followed by attorney Michael Ciresi with a legal opinion against the deal (click HERE) and Fred Dryer as a retired player and original plaintiff on why he and his original team of plaintiffs are against the Settlement (click HERE). Insomuch as there was a gag order placed on all parties during the hearings in Minnesota Federal Court, we did our best to report on as much of the proceedings and behind-the-scenes maneuvering as possible.
Wow! A lot has happened in the past week as we’ve been preparing for our upcoming Conference! We’re edging closer to the vote on AB 1309 in California which will disqualify most professional athletes from Workers Compensation claims in the state.
