Dave Pear's Blog

Dave -
.
After reading over the NFL Alumni’s Group Licensing Agreement, I decided to notify them that I couldn’t – and wouldn’t – accept their GLA which has developed virtually no revenue whatsoever for retired players. In fact, it looks to be clearly designed to impact and damage the Dryer v. NFL lawsuit on behalf of all retired players. Next thing you know, I’m being told by George Martin himself that I could no longer be a member of the NFL Alumni!
.
I’d like to suggest that other retired players might not want to be NFL Alumni members …unless they want to support the NFL’s ongoing poor treatment of retired players. We don’t want to be paying for George’s new Escalade and we sure don’t want another repeat of Gene Upshaw’s GLA “One-for-You-and-One-Million-for-Me” deals. (Click on Dan’s membership cancellation to enlarge for easier reading.)
.
.
Dan Pastorini
Oilers, Rams, Raiders & Eagles
1971 – 1984
.
EDITOR’S NOTE: Dan sent us some additional clarification on his Alumni membership:
.
I tried to pay my dues online but it wouldn’t let me unless I checked the GLA box! I then e-mailed them and asked why I couldn’t join without agreeing to the GLA. They informed me I could send a check. Then I got George’s e-mail stating I was no longer a member.
.
Dan
.
We uploaded a copy of the NFL Alumni GLA to Scribd for viewing and printing and to make it downloadable. You can also click the Fullscreen button on the left side of the menu to enlarge it for easier navigation (hit the ESC key to close)
.
NFL Alumni Group Licensing Agreement
.

Happy Holidays, Football and Sports Concussion Establishment: 2012 Is the Year of the Tobacco-Style Lawsuit

Posted with the express consent of Irv Muchnick from his blog Concussion Inc.:

continue reading »

EDITOR’S NOTE: Dave has been talking with Bette Schwager over the past few weeks about her treatment (or mistreatment) at the hands of the NFLPA and the Players Assistance Trust (PAT). We asked her to write the story in her own words so that our readers can understand just a little of the senseless treatment she and her family have been put through by the NFLPA and their so-called assistance programs this past year. Bette’s husband, Bruce, had played football at the Merchant Marine Academy before being drafted by the Chicago Cardinals in 1955. The Cardinals refused to take him off their reserve list even as he went in to service with the Navy from 1956 – 1958. So Bruce became another one of the pre-’93 players (pre-’72!) who was actually on the roster and vested with enough years but never granted vesting. You can read the full story from Alan Schwarz in his June 2011 New York Times article – click HERE. We’ve also posted a copy of the 2-page Release Letter that the NFLPA tried to get Bette to sign after Bruce passed away before he was to be evicted from his dementia care facility because the NFLPA stopped paying his bill. After you read Bette’s story and the Release Letter, you’ll understand why we’ve been cautioning everyone to be extremely careful of signing anything from these people without close scrutiny and advice. continue reading »

EDITOR’S NOTE: Several weeks back, the NFLPA put out a request to local chapters for three questions to send along to their big meeting in Washington DC. Disability Attorney John Hogan actually had a few questions to point out in the new CBA. John also has some observations from a recent case that was “approved” by the Disability Board:
.
1. The CBA contains some significant changes in disability – specifically, there will no longer be a requirement to show that your disability is ALL football-related. Why weren’t these changes made retroactive so that guys who are disabled but denied football degenerative might be able to get a better deal?
. continue reading »

EDITOR’S NOTE: Another exchange that Bob Kuechenberg recently had with your NFLPA representatives who are still asking what’s important to retired players. (?!!) The only three things that matter to retired football players have always been – and will always continue to be – real access to THEIR EARNED:
.
• Disability Benefits
• Pension Benefits
• Medical after football
.
Some of you may also recall several chapter presidents resigned in recent years in protest after being told what they could and could not talk about at chapter meetings
. continue reading »

EDITOR’S NOTE: George Visger caught up with me on the phone this morning just before arriving at a job site. George is back at work trying hard to help his family recover from losing their home after suffering another near-fatal brain shunt failure last October. George is one of the most remarkably intelligent and resilient guys I’ve ever met and his tenacity comes through in everything he does. I often talk to him about what might have happened with his life had he never played professional football and sustained his life-altering brain damage. He starts off with an answer to John Hogan’s earlier post (click HERE to read John Hogan’s comment).
.

From TheUnion.com: George Visger, a Grass Valley resident, shows his 1981 San Francisco 49ers team photo and Super Bowl ring. Visger has undergone nine brain surgeries since he stepped off the football field for the final time.

continue reading »

Posted with the express consent of Irv Muchnick:
.

Notes on NFLPA Boss DeMaurice Smith at Santa Clara Sports Law Symposium

continue reading »

EDITOR’S NOTE: Disability Attorney John Hogan is in flight on his way once again to the Second Annual Sports Law Symposium being held at Santa Clara Law campus. This year’s theme will cover Intensifying Sports Law Issues: Concussions, Steroids, Labor Strife and the Use of Player Images. You can visit their Symposium page by clicking HERE. Some of you may recall that DeMaurice Smith, Executive Director of the NFLPA, was invited to speak at last year’s Symposium but turned out to be a no-show (for “personal reasons” – you can read that post from last year by clicking HERE). Well, John Hogan and a few other attorneys are also attending this conference with questions in hand on behalf of the retired football players that Mr. Smith is supposed to be representing. Wonder if he’ll have another excuse not to show up again this year? Great example for the current players, DeMaurice: If you don’t like the team you’re playing against, just don’t show up… Guess that’s why they pay you the big bucks.
.
Meanwhile, John has taken more time to look over the new CBA and has additional observations to report while in mid-flight. It’s interesting that with so many experts and big mouths over at the NFLPA, the silence is absolutely deafening as we continue to miss one deadline after another on providing more clarification and details on key issues that matter to retired players issues. Here are John’s latest findings:
.
=============
.
I’m on the plane just entering California airspace now. It will be interesting to see if De Smith shows up at the Symposium this year.
.
I’ve finally had a chance to read the new CBA disability provisions in greater detail and the best way I can sum them up is that if you haven’t been screwed yet, you might be OK. If you’ve already been screwed, there are no remedial provisions.
.
I do not understand the new neuro-cognitive disability benefit or who they expect it will help. You have to be vested; you CAN’T be on LoD or Total-and-Permanent AND you have to be under 55! I guess it might be available for some guys who are still working but who can work with a cognitive impairment? (Other than as a fiduciary of the Plan and/or sitting on the Retirement Board? And even that was part-time work.)
.
Also, as I have previously indicated, this $30,000 earnings provision will be more of a problem than a help. Do you realize that $30,000 per year equates to a full-time job at $15 per hour? How many guys who have been (or will be) denied disability because they supposedly could do some simple sedentary work would have been able to find an unskilled sedentary job that paid (or pays) that much? Will they continue to reject disability applications out of hand without finding out some information about the work? If a guy is working, but earning less than $30,000 – will they even process his application?
.
John Jogan
Disability Attorney
Retired Football Players Advocate
.
.

EDITOR’S NOTE: The Annual Hall of Fame ceremonies were held in Canton Ohio this last weekend. Joe DeLamielleure was among the Hall of Famers in attendance along with several other players who are part of the Eller Class Action suit (including Carl and Paul Krause. A surprise guest showed up – Joe D. provides some notes on the event:
.
This dinner is always strictly for Hall of Fame players and the new inductees only. So most of us were wondering – some loudly – Who invited Smith?
.
When De Smith walked into the room to speak, around 12 of the guys actually walked out.
.
When Smith spoke, it was obvious that he had no idea that this audience consisted mostly of pre-1993 players.
.
An informal count indicated there were at least 40 Hall of Fame players who were each receiving less than $200 a month ($176) in pensions and Smith was asked what their increases would be in the new CBA. Smith said that their pensions would increase to $1,000 to $1,500.
.
Paul Krause and Carl Eller asked about pension increases for retired players and never received a straight answer.
.
Carl Eller also asked if retired players could represent themselves and Smith answered, “I would not be opposed to that” in front of the group.
.
.
.
.

.
EDITOR’S NOTE: On Friday afternoon, NFLPA Disability Board Representative Sam McCullum wrote back to disability attorney John Hogan as part of our heated discussion on retired players’ Disability Benefits and their rights under ERISA law. (Click HERE to go back to that earlier post and be sure to read all the comments that are still coming in on that post.) We’re posting both of their letters here to continue an open review of how disability decisions are currently being made for retired players and how ERISA guidelines are not being applied. This is a must-read for any of you who have applied or plan on applying for your earned Disability Benefits.
.
And before a few of you go off on us again for bringing the ghost of Gene Upshaw back into this fray, this is a direct reference to his original quote from an interview with The Washington Post’s Micheal Leahy in 2008. All too many retired players (even the late Johnny Unitas) lost their benefits because of this long-standing misinterpretation of the law. And that, my friends, is NOT bitterness – it’s reciting History. Those who do not follow or understand History are bound to make the same mistakes over and over again.
.

From Page 26: The Washington Post Magazine February 3, 2008) – Super Bowl Sunday

continue reading »

Over the past several days I have been asked by many, many retired NFL players to express to the CURRENT Players, the RETIRED Players, the PRESS, the MEDIA, the FANS and the GOVERNMENT, on why the time will eventually come to rid the great game of professional football, the arguably legally corrupt entity of the NFLPA and its affiliated entities and leadership team. However, NOW IS THE TIME that they should be removed from having any interest or influence over any of the monies and marketing opportunities of retired NFL Players prior to 1993. At the very, very least!
.
Based upon the most recent shenanigans employed by the Union leadership and its proven disingenuous and unreliable conduct, it is now evident and crystal clear that their legally manipulative and legally corruptible influence over a trusting group of oblivious and naïve constituents MUST COME TO AN ABRUPT AND DECISIVE END!
.
continue reading »

Renowned sports writer, Peter King, recently wrote on SportsIllustrated.com that “an additional $1 billion over 10 years will be spent on retirees, many of whom have horrible pensions (Hall of Famer Leroy Kelly gets $176 a month) and lingering health issues. Some retiree’s don’t think Smith has done enough and they think the league was more aggressive in finishing this program than the NFLPA.” Mr. King then concluded in the next paragraph that he believed, “Smith did what he said he would do.” (Click HERE to read King’s article from Sports Illustrated.)
.
In 1982, when a group of courageous players challenged the incompetence and disingenuous rhetoric of the NFLPA and won a forced settlement of that labor dispute, it proved, when faced with the TRUTH, (from the players and a hard working accurate press and media), that the union and the NFL cannot fade the heat when they are exposed!
.
But when that truth of what REALLY HAPPENED is smothered and a Clintonesque spin is spun (by PR firms, the press and the media) so the game can begin again, everything is NOT right with the game.
.
But that’s okay, let’s play football...
.
continue reading »

With the Hall of Fame ceremonies coming up once again, we have more stories on the lives of retired players that the League and the Union can no longer hide. And who better to let everyone know about what really goes on behind the scenes in the lives of retired players than to hear it from Hall-of-Famer Joe DeLameilleure? Unfortunately, Joe De’s story is more the norm among retired players than current players like Drew Brees would ever care to acknowledge or challenge:
.
Most people seem to think that anyone who played in the NFL is wealthy. In today’s world, that’s probably true – but not for the guys who played before 1993. As one of those pre-’93 guys, I feel passionate about improving pensions and benefits for all retired players.
.
In the early 90′s, I had the NFLPA check out somebody that I was thinking of doing business with and they endorsed him as a financial advisor. Ultimately, he ended up going to prison for embezzlement. And my family lost almost $300,000. In the years that have passed – by the grace of God – we were able to pull ourselves out of a deep, dark financial home (but that’s another long, terrible story for another day). Like the rest of you, we deal with mortgages, car payments, medical bills and education loans monthly. So far, we’ve been fortunate not to be dealing with any physical disabilities that prevent us from being able to work. We’re fine living in our middle-class neighborhood and driving 5+ year-old vehicles that we’re still making payments on.
.
We don’t need – or have:

• $19 million in deferred compensation
• $2+ million in a checking account
• 8 luxury vehicles
• 1 yacht
• 2+ expensive homes.

continue reading »

The recent quote made by DeMaurice Smith regarding NFL Legend, John Mackey, was – and is – consistent with his continuous disingenuous statements over the past two years. It is beyond disheartening. Based upon his conduct he should have remained silent and let someone else deliver the deserved tribute.
.
On March 4, 2011, NFLPA Executive Director DeMaurice Smith said that he and his colleagues owe a fiduciary relationship to “protect the players who played, play and will play” professional football. Yet Mr. Smith has kept personnel who were part of the regime that a judge and jury found to have breached that “fiduciary duty.” Furthermore, Mr. Smith has sided with sports agents like Tom Condon. Condon once served as Gene Upshaw’s attorney; he also sat on the disability board for many years with countless conflicts of interest. Notwithstanding, Condon currently advises many of the current NFL players sitting in positions of leadership. The Roman poet Phaedrus warned: “Things are not always what they seem; the first appearance deceives many; the intelligence of a few perceives what has been carefully hidden.” Retired players, in the face of an oblivious majority, have perceived insincerity in Smith’s positions and statements. By siding with the likes of Condon and the duty-breachers, Smith has alienated himself and his leadership from the best interests of both current and retired NFL players. Smith backs the principle of rewarding the agents and their unproven clients. Meanwhile, Smith has effectively ignored the veterans and retired players who have proven their mettle on and off the field.
.
Smith damns himself with his own words: In a speech at the University of Maryland on May 19, 2011, he stated, “To anybody who thinks for one minute that passion is something that is cheap and futile, I have two words for them: You suck! And for anybody who would ever think that it is the wrong thing to do to care so much that you’re willing to risk everything because it is right, reserve those two words for them.” However, Mr. Smith has revealed in past statements that Upshaw provided him a “blacklist” of former players who have spoken out against the union leadership’s conduct. In a March 4, 2010 letter, Smith wrote, “I am blessed because Gene [Upshaw] left me a detailed history of those who stood for what was right. He also left me a wealth of information detailing the efforts of those who fought and will fight against our players.” Even a child can see the hypocrisy of Smith’s rhetoric, which has now become pathetic.
.
Players asserting displeasure have been “blackballed” by NFL Players Inc. — just ask retired players’ advocate and Hall of Famer Joe DeLamielleure. They are not included in endorsement opportunities, autograph sessions, etc. Players who participated in the strikes of 1968, 1974, 1982 and 1987 did not blindly follow the union. There were many critics then and now. In response to Smith’s blackballing, “those who fought” should quote Mr. Smith’s “two words” right back to his face.
.
Mr. Smith has swept under the rug a $28 million judgment against his predecessors’ leadership for breaches of contract and fiduciary duty, $21 million of which was punitive. Yet Smith, who approved the settlement agreement on damages, has rewarded these duty-breachers instead of giving them pink slips. Last year, prominent attorney John V. Hogan wrote to Smith on behalf of several retired players requesting the resignation of Dick Berthelsen, (their key witness during this notorious lawsuit). Mr. Smith never responded. Berthelsen still works with Smith. Phaedrus is right, again!
.
The past and current leadership has been sinfully overpaid for years. If those monies were reduced and/or disallowed, there would be plenty of money available to match the owners’ dollar-for-dollar offer for the “Legacy Fund.” The $2,000-per-month proposed increase for pre-1993 retired players is clearly insufficient, but Smith will undoubtedly act as if he has passed landmark legislation if such a low sum is settled for when a new CBA is reached.
.
The NFLPA and the marketing company were not created to make their leadership wealthy. But in the probate case of the Gene Upshaw Estate, the Washington Post’s Tom Jackman discovered that Upshaw had siphoned out of the marketing company/NFLPA close to $15 million in deferred compensation (with the apparent approval of Dick Berthelsen). How much did Upshaw really get and where is it now? In an article by reporter Lauren Horwitch, it was revealed that three months after the $28 million judgment lawsuit was filed, Doug Allen’s gross pay increased from $446,281 in 2005-06 to $1.9 million in 2006-07. Allen’s wife saw her pay double to $633,534. Allen’s boss Upshaw had his income increased to $6.7 million. Ms. Horwitch’s investigation further revealed that the marketing company founded and headed by Allen and Upshaw (and now Mr. Smith) is owned in part by the NFLPA. In part?! It is supposed to be owned entirely by the union membership with zero individual ownership.
.
A conflict of interest is staring everyone in the face. Where do these leaders come off owning anything if they were – and are – acting on behalf of the players? The books of the marketing company need to be opened now! Even Drew Brees and agent Tom Condon should know that. Mssrs. Brees and Condon: Would you allow money generated for a charitable organization to be used to increase the wealth of those operating the charity?
.
Retired players were hopeful when Smith took the job of NFLPA Executive Director. They hoped that a former Assistant United States Attorney (who promised a due diligence of the union) would see the obvious and not become part of the obvious. These hopes have been dashed. After completing their due diligence and realizing how their intelligence has been continuously insulted, current and retired players, the media and the public will find themselves standing together. As Billy Joe DuPree says in his book The Unbroken Line: “All members should join together equal in standing, equal in vision with one purpose and one voice to achieve one goal. We must be an unbroken line.”
.
The lawsuit filed by Carl Eller et al was a necessary first step to achieve the basic needs of retired players which historically and continuously have been and are being ignored by a consciously indifferent union (now trade organization) leadership. Smith and his cronies know it. What happened to the “ONE TEAM” game plan Mr. Smith? This suit, if successful, could significantly help retired players in need. However, as it relates to the need of cleaning up the structure of a one dimensional leadership whose main goal is their own personal wealth it is merely a band-aid, when what is needed is reconstructive surgery. Meanwhile, the lawyers will get richer and the hoodwinked players will be left behind. Even if a new CBA is achieved the carnage and legal corruption will remain unless challenged. Why turn a deaf ear and blind eye to all these acts of conscious indifference, atrocious conduct, financial enrichment and disingenuous rhetoric?
.
There is a noisome odor of distrust and greed coming from this cabal of “leaders,” as there was in 1982 and 1987, but Mr. Smith refuses to pull the clothespin off his nose. There is indeed a fiduciary duty, Mr. Smith, to “protect the players who played, play and will play” professional football. If this is just more cynical claptrap, we have “two words” to send your way.
.

Joe DeLamielleure-HOF
Elvin Bethea-HOF
Leroy Kelly-HOF
Lem Barney-HOF
Reggie McKenzie
Billy Joe DuPree
Fred Dean
Art Still
Isaac Curtis
Jim Breech
Jeff Yeates
Chuck Ramsey
Dermontti Dawson
Dave Pear SuperBowl XV
John V. Hogan
Spencer Kopf
.
Spencer Kopf is a criminal defense attorney practicing in Dallas TX and co-author of The Unbroken Line with Billy Joe Dupree.
.
.
.
.
.
.
.
.
.
.
.
.