Why?

28 August 2013

We’re quickly approaching the deadline for Opting Out of the NFL Films Settlement offer deadline this Friday and we can’t help but think about all the different “Whys?” that keep coming up in our Comments Section as more and more retired players continue to Opt Out. In past posts, we’ve often compared the NFL to that creepy little neighborhood kid who used to come over to your house to play Monopoly. He never liked to lose and he always cheated and made up his own rules as he went along.
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NFL monopoly
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“In a time of universal deceit telling the truth is a revolutionary act.”

– George Orwell

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DecisionsAt the request of pre-1993 former NFL players, I have decided to write an opinion regarding certain matters pertaining to the settlement offer proposed in the pending lawsuit dealing with NFL Films. Based on the information provided through Dave Pear’s Blog, I have drafted the following opinion.
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There has been a recent Settlement offer by the NFL in litigation regarding NFL Films. The terms of the offer are supposed to satisfy a class of retired players who have exerted their right to take legal action on the issue of the infringement of their names, likenesses and images. The six original named plaintiffs have rejected the settlement offer. The class of plaintiffs they represented, however, has yet to decide whether the terms of the agreement are understandable and justifiable and whether there are any hidden, unacceptable implications lurking in the language of the agreement.
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NFL Déja Vu

30 July 2013

Einstein Quote

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I received my latest Retirement Plan notification today that the Bert Bell/Pete Rozelle NFL Player Retirement Plan was underfunded once again. All pension plans are required by federal law to inform its beneficiaries about such events or else most of us would never even know about these things going on in a $10 billion a year business. I guess that’s why they pay Roger Goodell $35 million+ a year while DeMaurice Smith managed to collect a $3 million bonus a couple of years ago for the fine job he did in negotiating the 10-year CBA.
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And here we are being told by the NFL and their lawyer buddies that their $50 million Settlement Offer in the Dryer vs NFL Films lawsuit is absolutely the best deal they can possibly make even though most – or none – of that money will ever reach retired players hands. They can’t even fund retirement players’ current pension and disability plans and now they want you to get nothing for your images and footage from your role in past games.
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Here’s the interesting thing: I had forgotten that we also got a similar notice last year in July! In other words, our pension plan has basically been underfunded since the CBA was signed over two years ago! We’ve uploaded both notices on 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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Objections against the NFL Films Settlement offer have been arriving at the court in Minnesota. Here are a couple of recent examples.
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Jed WeaverFormer tight end and Super Bowl champion (New England Patriots 2004) Jed Weaver’s letter to the court objecting to NFL Films settlement:
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“The NFL has created billions of dollars in personal benefit by using players identity elements such as names, images, signatures and personal information. Players deserve to receive compensation every time these personal elements are used to promote the league, team, owners or coaches in any way just like musicians and actors are paid royalties every time their personal elements are used to benefit financially the party using their personal elements!”
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His letter also noted that he intends to appear at the final approval hearing September 19, even though he lives in Florida and the hearing will be held in Minnesota.
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And we found an earlier objection filed by Pete Banaszak (Oakland Raiders 1966 – 1978) which we’ve posted up to Scribd:
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One more reason to vote in our poll to let everyone know how you really feel about this deal – and be sure to send in your Opt Out form immediately BEFORE THE AUGUST 30, 2013 DEADLINE so you don’t forget later! Click HERE for the Opt Out form and instructions.
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Cheaties
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Is it just us or do these people at the NFL (and the NFLPA) always live by a completely different set of rules that only apply to them? We’ve had every dirty trick in the book thrown at us with all kinds of veiled threats and inferences of wrongdoing for expressing the opinions of the many. And in each instance, we’ve been backed up by those who know better. And we’re still here thanks to the broad support of the retired player community out there.

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Roger Zero Fund

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Gregg B Surgery
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OK. Got your attention now? That guy with all the staples on the back of his head is… me. This picture was taken four years ago in 2009 after I finally came out of a 3-week coma. During that coma, I went in and out of consciousness but still remember nothing to this day. At one point, the doctors made a quick decision to operate which probably saved my life. Not many of my old football buddies know about this life-changing event in my life. But I’ve decided to tell everyone about it now for several reasons. Mostly, it’s because like some of the earlier posts have been saying, I’M MAD AS HELL AND I’M NOT GOING TO TAKE IT ANY MORE! And whether you want to believe it or not, everything that happens in life is connected in one way or another. I hope that by telling my own story, I can convince more of you retired players that the Dryer vs NFL (Films) Settlement offer is a really bad deal in more ways than one and that each of you needs to get off the couch and at the very least, vote against it here on Dave’s Blog. And then either Opt Out yourself or hire a decent attorney to fill out the paperwork for you. If you end up not doing anything and losing your rights, that might not be the only thing you’ll end up losing.
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Money-Flying-Out-WindowThe NFLPA just filed their 2013 LM-2 yesterday with the Dept. of Labor as required of all labor unions and associations. This year, it’s a whopping 549 pages long with plenty of disclosure including salaries, payouts and expenses. We’re just starting to look over all the information loaded in this year’s filing and we’ll post more details shortly as we come across interesting details (we encourage all our readers to send us anything you come across or simply post it in the Comments section below).
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A couple of items of interest:
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p. 555 - Marco Island Marriott Resort & Golf Club was paid $354,796 for the NFLPA’s April and June meetings in 2012.
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p. 544 - Kerzner International Resorts in Plantation FL was paid a total of $1,221,137 for a total of FOUR “2013 NFLPA Board Meetings”! (Wha?!!)
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p. 264 - The Groom Law Group (who were supposed to be fired by DeMaurice Smith when he took over as NFLPA Executive Director) and also runs and represents not only the Bert Bell/Pete Rozelle NFL Players Retirement Plan but also the NFL walked away with $652,045 in fees this year.
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p. 55 - Nike paid $11,772,308 in licensing fees.
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p. 45 - Attorney Jeffrey Kessler had a $12,846 transaction for Super Bowl tickets and rooms.
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Meanwhile, Kessler’s new firm Winston Strawn was paid (his old firm, Dewey LaBoeuf filed for bankruptcy last year):

  • p. 82 - $3,932,388
  • p. 538 - $124,592
  • p. 538 - $46,879

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p. 20 - Nolan Harrison III received $226,055 as Senior Director of Former Players.
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p. 18 - Andre Collins only received $169,253 as Director of Former Players.
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EDITOR’S NOTE: Is there a pattern here? As always, nothing ever really changes with the NFL (and the NFLPA by association). After years of propaganda and misinformation, the League announced that Dr. No Ira Casson and Dr. Yes Elliot Pellman would no longer be running the MTBI Committee (that’s the MILD Traumatic Brain Injury Committee – LoL!). Just like when he was first brought on board to replace Gene Upshaw in 2009, NFLPA Executive Director DeMaurice Smith announced that he was firing the Groom Law Group because it was a conflict of interest. (But according to their latest tax returns, it turns out the NFLPA still managed to pay Groom Law Group over $1 million in fees last year.) And just like the San Diego Chargers’ controversial Dr. DWI Chao lobbied on the NFL’s behalf to ensure that Junior Seau’s brain did NOT get into the hands of pathologist and CTE scientist Dr. Bennet Omalu. It seems clear that none of these people have any intention of real change – it’s all about how much less it costs to hire PR spin doctors to change public perceptions instead. We were debating which title would be more appropriate for this post: Different Day, Same Crap! or You Can’t Make This Stuff Up!
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So now comes this latest piece from Patrick Hruby that finds Dr. Yes Elliot Pellman still working deep inside the NFL. Re-posted from Sports on Earth with permission from Patrick.
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The Wrong Man For The Job

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Posted with the express consent of Evan Weiner:
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THE BUSINESS AND POLITICS OF SPORTS
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BY EVAN WEINER
COMMENTARY
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The NFL job audition includes making the “suicide squad” rather than the special teams squad
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May 11, 2013
Examiner
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LIFE Suicide Squad Cover 1971The 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.
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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.
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Sauer was a wide receiver.
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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.
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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.
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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.
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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.
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Here’s Jennifer’s message along with her audio comments:
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Robert,
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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).
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In Def Hell
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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.
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Jennifer
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Click the PLAY button to listen to Jennifer’s personal commentary (13 minutes).
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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 clicking HERE.)
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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.
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We wrapped Friday up with a discussion on Workers Compensation. Workmans Comp may be in for some serious changes shortly with Bill AB 1309 coming up for a vote in the California State capitol later this year. This bill will block professional athletes from filing Workers Compensation claims in the State of California and each of us needs to let your local representatives know that you disapprove of this bill. Many who have been navigating the system for a few years with their applications have already found their pending cases suspended while awaiting the vote. Workers Comp attorney Ron Mix (Chargers & Raiders 1960 – 1971) and George Visger (49ers 1980 – 1981) have been outspoken advocates lobbying against this Bill in Sacramento and discuss the details of what the legislators are trying to do with one more benefit you were actually paying for out of your paychecks. (And in case there of some of you who are unaware, George has already gotten the short end of the stick from the NFL: Even though he’s a pre-’93 player with a Super Bowl ring (49ers in Super Bowl XVI), George doesn’t qualify for any disability benefits from the NFL. Why? Because he didn’t play four full seasons to qualify under the NFL’s Plan rules!
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Don’t think these politicians are only going to target professional athletes – who do you think they’ll target next? Long distance truck drivers? Farm workers? And just how much does the NFL and its insurers think they’ll be saving by quietly supporting this bill? This bill will affect everyone. (You can read all Panelist biographies by clicking HERE.)
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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.
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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.)
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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.
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Dr. Bennet Omalu was the first pathologist to uncover the presence of CTE (chronic traumatic encephalopathy) in the brains of retired football players. It all started when Mike Webster’s body ended up on his examination table in Pittsburgh in 2002. As assistant coroner in Pittsburgh at the time, Dr. Omalu sought permission to examine Webster’s brain. In the years following, several more retired football players bodies arrived in their morgue including Andree Waters. Since then, Dr. Omalu has become the chief coroner in San Joaquin and has continued his work on CTE and advancing the study of brain trauma in society in general and football in particular. The NFL has been trying to discredit Dr. Omalu for over 10 years. Dr. Omalu is probably on the NFL’s Top 10 Most Hated List with the NFL. You can read his biography by clicking HERE.
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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.
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